Articles Posted in DUI/OVI in the news

Driver-on-Phone-300x200A recent study by Lending Tree addressed the generational differences in bad driving.  The study analyzed the rates of driving incidents in four categories among five generations:  Generation Z, Millennials, Generation X, Baby Boomers, and the Silent Generation.  The study report explains Generation Z has the worst rates among all generations for all categories.

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Gun-in-Car-300x210Muhammad Wilkerson, former defensive end for the New York Jets, was arrested for Operating a Vehicle under the Influence and Unlawful Possession of a Loaded handgun.  Wilkerson’s arrest occurred in New Jersey.  If Wilkerson were arrested for these offenses in Ohio, he would be charged with OVI and Improperly Handling Firearms in a Motor Vehicle.  This article describes the elements, court process, and potential penalties for these offenses in Ohio.

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Drive-Sober-300x156Christmas and New Year’s Eve are the most-celebrated holidays in the United States.  During the winter holiday season, people attend more work parties, family functions, and other social events than any other time of the year.  After attending those events, people need a way to get home.  Most of them drive, and some of them drive under the influence.  The government knows this, so DUI (called ‘OVI’ in Ohio) enforcement is intensified during this time of the year.

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Marijuana-and-key-300x190As of today, recreational marijuana use is legal in Ohio.  What is not legal is operating a vehicle under the influence of marijuana.  Ohio has five laws related to cannabis and cars, and those laws remain unaffected by Ohio’s legalization of recreational marijuana.

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Driving-Test-300x200The Chikushino Police Department has a program in which driving instructors test the driving skills of volunteers who are under the influence of alcohol.  According to a CNN article, testing impaired drivers is part of a drunk driving awareness campaign.  In Ohio, we do not use drunk driving exams to determine if drivers are impaired by alcohol or drugs.  Instead, we use field sobriety tests and blood/breath/urine tests.  Those tests are circumstantial evidence that a person was operating a vehicle under the influence.

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Mens-Rea-300x225After a domestic dispute, an Ohio woman intentionally hit a man with her car and was charged with Aggravated Vehicular Assault.  According to a recent story by WHOTV7, the woman drove her SUV over a sidewalk and into a yard to hit the man.  That does sound intentional.  When it comes to vehicular crimes in Ohio, is intent necessary?

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Driving-Fast-at-Night-300x200A police officer was recently charged with DUI (called ‘OVI’ in Ohio) and Fleeing the Scene of an Accident.  According to News 13 in Myrtle Beach, the officer is a sergeant who serves as the supervisor of the traffic division.  In our OVI defense practice, we have represented clients suspected of OVI and Failure to Stop After Accident (commonly called ‘Hit-Skip’).  In some cases, the driver is charged only with Hit-Skip.  In other cases, the driver is charged with both Hit-Skip and OVI.  Drivers in those situations also face the possibility of being charged with felony offenses.

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Interrogation-by-officer-300x200When a suspect is in the custody of a law enforcement officer, the officer must provide Miranda warnings before questioning the suspect.  If the officer does not give sufficient warnings, the suspect’s statements made in response to questioning cannot be used at trial.  In a recent DUI Murder case in California, Miranda violations resulted in an appeals court ordering a new trial.

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Employee-Handbook-300x186Following his recent arrest for DUI (called ‘OVI’ in Ohio), Bob Huggins resigned from his position as the men’s basketball coach at West Virginia University.  His situation is illustrative of many high-profile individuals who have lost jobs due to a DUI/OVI.  But it is not only high-profile individuals who face employment consequences for OVI cases.  We are frequently asked the following questions about OVI cases and employment.

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DUI-Law-Book-300x200According to a story by NBC4i, the Ohio State Highway Patrol reports that 30% of DUI arrests (called ‘OVI’ in Ohio’) come from repeat offenders.  In Ohio, the mandatory OVI penalties increase with every conviction in ten-years (called the ‘lookback period’).  Those penalties include vehicle sanctions, license suspensions, incarceration, and other consequences.

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