Articles Posted in DUI/OVI in the news

Passed-out-in-car-300x200Although it is starting to look like it, this is not a blog about NFL players charged with DUI (called ‘OVI’ in Ohio).  Recent articles discussed the cases of Henry Ruggs III and Geno Smith because those cases illustrated legal concepts related to DUI/OVI. The last article, about Geno Smith’s arrest, addressed what evidence indicates a driver may be under the influence before a traffic stop.  In some DUI/OVI cases, traffic stops are not an issue, such as when the driver is in an accident or found passed-out behind the wheel.  The legal concept at issue in those cases is when the driver is ‘seized’ and whether the seizure is legal.  The case of Las Vegas Raiders cornerback Nate Hobbs illustrates that concept.

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Speeding-Car-300x200I heard a report that Geno Smith, quarterback for the Seattle Seahawks, was stopped for speeding and arrested on suspicion of DUI (called ‘OVI’ in Ohio).  My first thought was, “speeding doesn’t sound like evidence of DUI”.  It turns out Smith was allegedly going 96 mph in a 60 mph zone and driving erratically across several lanes of traffic (according to ESPN).  That sounds more like evidence of DUI.  Geno Smith’s case prompts the question:  “what evidence, before a stop, indicates a driver may be under the influence?”

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Ignition-Interlock-300x200The recently passed Infrastructure Bill has been hailed as a once-in-a-generation investment in the roads, bridges, ports and railways that serve as the backbone of our country’s transportation network.  It has also been decried as another example of runaway government spending.  The description of the Bill depends on who is talking.

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Police-at-convenience-store-300x200There are many different ways somebody can find themselves as the subject of an OVI/DUI investigation. The most common is when an officer witnesses a driver commit a traffic offense, initiates a traffic stop, and then conducts an investigation based on their observations of the driver. Other times, an officer will conduct the traffic stop after receiving a tip from someone that a particular driver may be impaired. How precise do these tips need to be to justify a traffic stop? How much corroborating evidence does an officer need to corroborate the tip? The Ohio Supreme Court recently weighed in on these questions in State v. Tidwell.

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Officer-on-steps-of-DC-building-1-275x300Qualified Immunity, a defense used by police officers in civil rights lawsuits, is a topic not typically discussed in this blog.  However, as a criminal defense lawyer, I have been asked about Qualified Immunity due to recent events in the United States.  In addition, an individual who files a lawsuit based on a false OVI arrest may encounter this defense.  Accordingly, I have asked attorney Eric Hollway to provide a guest article on Qualified Immunity.  Mr. Holloway, a civil rights lawyer who represents clients in false arrest claims, prepared the remainder of this article.

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Accident-Investigation-300x200A few days before the Kansas City Chiefs were to play in the Super Bowl, assistant coach Britt Reid (son of head coach Andy Reid) was involved in a three-car accident which left a five-year-old in critical condition.  Earlier this month, Britt Reid was charged with the felony offense of ‘DWI-Serious Physical Injury’.  While this incident occurred in Missouri, the investigation which led to the charge is essentially the same as a Vehicular Assault investigation in Ohio.

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Ohio-DUI-OVI-Guide-COVER-FRONT-228x300Many people charged with DUI (called ‘OVI’ in Ohio), especially those charged with a first offense, feel like they are in the dark. They do not understand the elements and consequences of OVI, and they do not know what to expect in the court process. They also are uncertain about whether to hire a lawyer and how to find a good defense attorney. I recently published a new book, the Ohio DUI/OVI Guide, which answers most of the questions people ask in this situation. My hope is that those who read the guide will no longer be in the dark.

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Datamaster-and-evidence-ticket-300x228A police officer discarded evidence that a DUI suspect blew under the ‘legal limit’. According to WCNC, the suspect was involved in a one-car accident and pulled her vehicle into a gas station parking lot. An officer went to the gas station and had the suspect perform field sobriety tests. The officer took the suspect into custody and administered multiple breath tests. The officer obtained two evidence tickets with results from the breath tests. The officer threw-out the evidence ticket with a result ‘under the limit’, kept the evidence ticket with a result ‘over the limit’, and charged the suspect with DUI (called ‘OVI’ in Ohio).

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Bruce-Springsteen-Better-Days-300x210

The reporting of Bruce Springsteen’s DUI arrest shows that, even if a person is presumed innocent in court, they can still be convicted in the press.  In addition, Jeep’s publicized decision to pull The Boss’s Super Bowl commercial was an over-reaction.  The media coverage and cancel culture are not the only problems.  The evidence made public so far brings into question the propriety of Springsteen’s prosecution.

 

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Handing-driver-license-to-officer-300x200Imagine for a minute that your car is in the shop. You have some errands to run, so you borrow someone else’s car. A friend, a family member, a coworker, whomever. As you’re driving to the store, you see a police cruiser activate its lights and sirens to pull you over. You weren’t speeding, you didn’t drive over the lane line, you followed every traffic rule in the book. So why are you being pulled over?  The officer walks up to your window and says you were stopped because the officer ran the car’s license plate and learned the registered owner of the car had their license revoked. The officer didn’t make any effort to determine whether that registered owner was actually driving the car: he just saw the revocation and pulled you over.
Is the officer allowed to do this?

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