Columbus OVI/DUI Attorney Blog
DUI cases (called ‘OVI’ in Ohio) are some of the most complicated cases filed in Ohio courts. From field sobriety tests to breath/blood/urine tests, there are many minute and highly technical details that can make or break an OVI defense in court. Often, a seemingly simple but no less important detail can get lost under the mountain of specialized evidence in OVI cases: why did the person get pulled over in the first place? And, more importantly for OVI defense: what degree of evidence does the prosecution need to present to justify that traffic stop?
Appellate Court Rules On Validity Of Traffic Stop Leading To OVI Charges
“U Can’t Touch This” – That’s what the trooper believed when he stopped Ryan Turner for touching the ‘fog line’ on Old State Route 74. Based on that belief, the trooper stopped Turner and ultimately charged him with ‘DUI’ (called ‘OVI’ in Ohio). Turner challenged the trooper’s decision, and the case made its way to the Ohio Supreme Court. The Court concluded “you can touch this”, as long as you don’t go over it.
The Michigan legislature recently 
Now that I can buy three takeout margaritas with my enchiladas to-go, can I sip one on the way home? If not, can my passenger drink it? And if that’s not allowed, where am I supposed to put the drinks while I drive? I don’t want to get charged with ‘Open Container’, or any other Ohio alcohol-related offenses for that matter.
Technological advances in law enforcement must be reconciled with an individual’s right to due process of law. In DUI cases (called ‘OVI’ in Ohio), technology is used to determine the level of alcohol in a person’s breath. In other traffic cases, video cameras are used to determine speed limit violations. The fairness of the speed camera citation process was an abstract idea for me…until I received a citation. I learned that, if I wanted to appeal the citation, my appeal would be heard by a hearing officer from the city police department and not a judicial officer. The legality of this process was recently addressed by the Ohio Supreme Court and is now being challenged again.
Most states now have some form of legalized marijuana. Thirty-four states (as well as D.C., Guam and Puerto Rico) have medical marijuana programs, and ten states permit recreational marijuana use. The states with recreational marijuana have questioned whether marijuana legalization results in more traffic accidents. According to a recent 
There is a difference between what generally ‘makes sense’ and what is sufficient evidence in court. In a recent Ohio DUI/OVI case, the prosecution’s failure to prove all the elements of an offense resulted in one conviction being reversed and probably should have resulted in a second conviction being reversed as well. This case from an Ohio court of appeals also illustrates important lessons for litigating DUI/OVI cases involving drugs.