Columbus OVI/DUI Attorney Blog
Destruction of evidence by the government can violate a defendant’s right to due process of law. Due process violations often lead to cases being dismissed. Using dismissal as a remedy is based on the principle that denying a defendant access to evidence can make a trial unfair. This is particularly true when the evidence is ‘exculpatory’: it tends to disprove guilt or is otherwise favorable to the defendant. In DUI cases (called “OVI” cases in Ohio), the evidence often includes video from a police cruiser, a body camera, or a police station. When such a video is destroyed by the government, does the case get dismissed? Like so many questions in the legal world, the answer is:
it depends.
What Happens When The Government Destroys Evidence In DUI/OVI Cases?
In an Ohio appellate case decided this month, the prosecutor assumed defense counsel’s motion was insufficient, and it did not end well for the prosecutor. Defense lawyers often file motions to suppress evidence in Ohio OVI cases. Occasionally, a prosecutor will claim the motion is not particular enough: it’s a ‘shotgun’ motion attacking all the evidence, or it’s a ‘boilerplate’ motion not sufficiently tailored to the defendant’s specific case. The recent case illustrates a prosecutor making that claim should still be prepared to meet their burden of proof.
I recently had the pleasure of being interviewed by Grant Eagle on his podcast “5 Minute Legal Insights”. It actually lasted for ten minutes, and I was just getting warmed up! We discussed common misconceptions about DUI/OVI stops, arrests, and court cases. You can 
It turns out the criminal defense lawyers were not the only group gathering in Myrtle Beach. It was bike week. Harley Davidson bike week to be precise. Thousands of bikers rolled in to cruise the strip, and a small percentage participated in drag racing, drunk driving and disorderly conduct. While some people were in the tourist town breaking the law, others were there learning about the law. I was in the latter group.
I thought it was dead. In the jurisdictions where I handle OVI cases, I had not seen the Intoxilyzer 8000 used for years. To my surprise, I recently received discovery materials which showed my client’s breath test was done on an I-8000. Given the challenges faced by this machine when it was first brought to life in Ohio, I thought the State may let it rest in peace.
I have attended this DUI seminar in Vegas annually for about 15 years. One might think it would grow stale. It doesn’t. While the co-sponsors of the seminar are the same each year, the National College for DUI Defense (
