DUI/OVI in the news

December 10, 2016

Ohio Supreme Court: Cruiser Videos Are Public Records

When a celebrity is accused of DUI/OVI in Ohio, the celebrity’s cruiser video is often on the local news the next day. News outlets obtain cruiser videos by making public records requests with the arresting law enforcement agency. Those public records requests are routinely processed quickly. Sometimes, however, law enforcement agencies decline or delay release of the public records. A recent case decided by the Ohio Supreme Court addresses the details of releasing cruiser videos as public records.

November 12, 2016

Calibrating Breath Testing Machines In Ohio DUI/OVI Cases

by Shawn Dominy

Over 20,000 DWI cases in New Jersey are being called into question due to problems with the recalibration of breath-testing machines. According to New Jersey 101.5, Sgt. Marc Dennis skipped a critical step each time he recalibrated the machines. Plaintiffs in a class-action lawsuit now seek to vacate thousands of convictions in which evidence was produced by those breath-testing machines. Although this debacle occurred in New Jersey, it illustrates the importance of properly maintaining breath-testing machines in Ohio DUI/OVI cases.

October 30, 2016

Can We Trust Crime Lab Results In Ohio DUI/OVI Cases?

by Shawn Dominy

Today’s report regarding the conduct of a forensic scientist employed by the state of Ohio demonstrates the danger of the government enforcing laws without effective checks and balances. Forensic scientist G. Michele Yezzo worked for over 30 years as a laboratory technician for the Ohio Bureau of Criminal Investigation (BCI). During that time, she analyzed evidence in criminal cases and testified in court regarding those analyses. The feature story in The Columbus Dispatch says she now, “stands accused of slanting evidence to help cops and prosecutors build their cases.”

July 9, 2016

Self-Driving Cars And Ohio DUI

by Shawn Dominy

Carrie Underwood’s plea, “Jesus, take the wheel” is being replaced with the hands free command, “Siri, take the wheel”. According to a recent forecast by Business Insider, there will be 10 million self-driving vehicles on the road by 2020. With that in mind, I have been asked several times, “Are you concerned driverless cars will hurt your business as a DUI lawyer?”

April 30, 2016

Uncovering False Arrests In DUI/OVI Cases

by Shawn Dominy

Officer Richard Fiorito was a DUI supercop. He was honored by Mother’s Against Drunk Driving (MADD) for his efforts to combat DUI, and he was named a ‘top cop’ by the Alliance Against Intoxicated Motorists (AAIM). According to Inthesetimes.com, Fiorito averaged one DUI arrest each day he worked. He was like a superhero fighting to keep the Chicago streets safe: it was almost too good to be true.

April 23, 2016

Ohio DUI/OVI Refusal Law May Be Affected By Cases In U.S. Supreme Court

by Shawn Dominy

Suppose a police officer comes to your home tonight without a warrant and wants you to consent to a search of your residence. If you are like most people, you would say ‘no’: you would assert your Fourth Amendment right to be free from unreasonable searches and seizures. Now suppose the government makes it a crime for you to refuse to consent to the search. That’s what Ohio and several other states have done with DUI laws which criminalize refusing a breath/blood/urine test. Those laws are the subject of cases currently before the United States Supreme Court.

July 11, 2015

Ordeal Shows Presumption Of Innocence Is Crucial In Ohio DUI/OVI Cases

by Shawn Dominy

When authorities found Donna Wardell in her Chevrolet Impala, the car was upside-down, held in the air by part of the utility pole she just hit (see the story at app.com). Medics pulled her out of the car through the windshield and rushed her to the hospital. The medical team determined the crash was the result of a seizure caused by a brain tumor. Wardell did not know about the tumor: she learned of it in the hospital. She later learned something else: she was being charged with DWI because, when the medics removed Wardell from her car, they observed the odor of alcohol.

June 13, 2015

Should All Vehicles Be Equipped With Alcohol Sensors?

by Shawn Dominy

How frustrating would it be if your car won’t start because you recently used mouthwash, put on cologne, or ate a cinnamon roll? That frustration could be real if the federal government ultimately requires alcohol sensors in cars. According to the Columbus Dispatch, federal officials recently announced plans to implement a technological advancement in alcohol-detecting sensors for vehicles. The government anticipates the new alcohol sensors could significantly reduce drunk driving. The sensors may also increase headaches for non-drinking drivers.

February 28, 2015

Motorcyclist With No Alcohol In His Blood Waits Five Months Before DUI Charge Is Dismissed

by Shawn Dominy

In September of 2014, CW was driving his motorcycle in northwestern New York and collided with another motorcycle. A police officer responded to the accident scene and reportedly noticed the odor of alcohol on CW. The officer asked CW to take a breath test, and CW refused. The officer ultimately obtained a blood sample from CW and charged him with DWI (known as OVI in Ohio). The officer then sent the blood sample to be tested. The test revealed a blood alcohol content of 0.00. Last week, five months after CW was charged with DWI, the case was finally dismissed, as reported by the Genesee Sun.

October 25, 2014

School Bus Drivers And DUI/OVI In Ohio

by Shawn Dominy

In the last couple weeks, two school bus drivers were suspected of being under the influence while driving a bus full of students. Both drivers were arrested for DUI, and both drivers now face serious consequences. These incidents raise the question of what happens if a school bus driver is convicted of DUI/OVI in Ohio.