It won’t win a Pulitzer Prize, it will not be mentioned with the New York Times best sellers, and it will not be at the top of readers’ ‘wish lists’. In fact, most people may not find it very interesting. If you are charged with a DUI/OVI in Ohio, however, this book suddenly becomes a must-read. I’m talking about the new book: I Was Charged With DUI/OVI, Now What?!
What should we do with repeat DUI/OVI offenders? On one hand, we want them to be rehabilitated, and we want them to be employed, which usually requires driving. On the other hand, we want to punish them and protect the public from the risk of harm they create. In Ohio, to protect the public from the danger posed by repeat offenders, we typically require them to have ignition interlock devices installed so they cannot drive after consuming alcohol. In Florida, the state legislature is considering an alternative to ignition interlock: “24/7 Sobriety”. Florida’s consideration of this program raises the question: should Ohio use daily alcohol testing for repeat offenders?
Everyone knows that driving under the influence of alcohol is dangerous. It impairs our vision, increases our reaction time, and makes it challenging to estimate the distance between us and other drivers or objects on the road. Few people, however, consider the danger of driving under the influence of a hangover the day after a night of heavy drinking. Most people think, ‘the alcohol level in my blood is lower than the legal limit, so it is safe to drive’. Think again. Two recent studies have shown that driving with a hangover is nearly as dangerous as driving under the influence of alcohol.
By driving under the influence, you could cause harm to property, yourself, and others. You could also be charged with DUI/OVI. Thanks to public awareness programs, the risks of drunk driving are well known. Not so well known are the risks of drunk walking…until now.
What happens in Vegas stays in Vegas, but what happens near Vegas gets broadcast for the world to see. That’s what Erin Brockovich found out a few days ago when she was charged with Boating Under the Influence on Lake Mead, just outside Las Vegas, Nevada.
After reading the news coverage of her case, I compared the B.U.I. laws of Ohio and Nevada and concluded Ohio has relatively tough sentences for boating under the influence.
There is little tolerance for drunk driving in Mumbai, India. Like Ohio, the penalty for a first D.U.I. offense in India is up to six months in jail. Unlike Ohio, the legal limit for blood alcohol content in India is .03 (Ohio’s is .08), and there is no plea bargaining. In the month of March, Mumbai traffic police charged 3,727 people with D.U.I. The traffic police recently requested the creation of mobile courts, according to an article in The Times Of India. If the request is granted, magistrates will hear D.U.I. cases at those mobile courts, and the trial will take place immediately.
After three weeks of trial and nine days of deliberation, the jury found John Edwards Not Guilty on one charge and could not reach a unanimous verdict on the other five charges involving campaign finance fraud. Similar to the O.J. Simpson trial, the verdict and the jurors have been the subject of controversy and criticism. What the critics should grasp, and don’t seem to, is this: “not guilty” means “not proven”; it doesn’t mean “innocent”.
On December 3, 2011, Randy Babbitt was the head of the United States Federal Aviation Administration (F.A.A.). Three days later, Babbitt was the former head of the F.A.A. In those three days, Babbitt was charged with a D.U.I. that led to his resignation.
During a D.U.I. /O.V.I. trial, jurors are instructed to limit their deliberations to the evidence presented in court. In fact, they are specifically instructed not to investigate or conduct their own experiments. In the recent high-profile trial of John Goodman, a juror ignored that instruction and conducted an experiment regarding the effects of drinking vodka.
As an O.V.I./D.U.I. attorney, the Constitutional issues I regularly deal with involve the Fourth Amendment (search and seizure), the Fifth Amendment (double jeopardy, self-incrimination, due process), and the Sixth Amendment (trial rights). O.V.I. cases, and this blog, typically do not include First Amendment topics. However, an Ohio court’s ruling has peaked my interest.
Columbus OVI/DUI Attorney Blog