William Strebler was lucky and unlucky. When he drove his car between two parked trucks, nobody was killed or injured. That’s pretty lucky. After he was found guilty of driving under the influence of his prescribed pain medicine, his conviction was affirmed by the court of appeals, and he had to serve two years in prison. That’s not-so-lucky. His case illustrates the importance of trial strategy in Ohio D.U.I./O.V.I. defense and also demonstrates the difficulty of enforcing D.U.I./O.V.I. laws when the substance in question is a prescription medication.
Articles Posted in DUI/OVI lawyering
Should Ohio Have Immediate Trials For O.V.I./D.U.I?
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.
The Under-Rated Lawyering Skill For Ohio DUI/OVI Cases
Plea bargaining is an under-rated lawyering skill. Each Law And Order episode has about one minute of plea negotiations and 20 minutes of trial. That show would have us believe every case goes to trial. The reality is that fewer than five percent of criminal cases go to trial. The other 95 percent or more are resolved with plea agreements. Negotiating plea agreements may not be the sexy substance of television and movies, but it’s an important skill for criminal defense attorneys.
Location, Location, Location
I’m moving my office to a new location. Beginning in October of 2011, my office is located in suite 450 of the Mettler Toledo building at 1900 Polaris Parkway in Columbus, Ohio. The building is pretty hard to miss: it’s a six-story office building at the intersection of Interstate 71 and Polaris Parkway (just north of I-270) and says “Mettler Toledo” in huge letters that can be seen from I-71 (and almost from I-270!).
Should I Take The Breath Test In An Ohio OVI Case?
As a D.U.I. defense attorney, this is one of the most frequently asked questions I receive (second only to “how can you do that?”). The answer is surprisingly complicated: it depends on factors that include how much alcohol you drank, whether you are more concerned about the short-term or long-term status of your driver’s license, whether you have prior convictions, whether you’re on probation, and whether you have a commercial driver’s license.
How Do I Choose A Central Ohio D.U.I. Attorney?
The last two posts of this blog have addressed two frequently asked questions: (1) should I contest my D.U.I. charge? and (2) should I represent myself in a D.U.I.? This post discusses a common follow-up question: if I have decided to contest my D.U.I. charge and I’m not going to represent myself, how do I choose a D.U.I. attorney?
Should I Represent Myself (Pro Se) In An Ohio D.U.I.?
If you are charged with a D.U.I. (O.V.I.) in Ohio, do you really need to hire an attorney, or can you just represent yourself (proceed “pro se”)? This post could be cut short with the old adage “he who represents himself has a fool for a client”, but I think there are exceptions to this adage. However, if you are going to contest a D.U.I. charge, you are almost certainly going to need an attorney.
Should I Contest My Ohio DUI/OVI Charge?
So you’ve been charged with a D.U.I. (O.V.I.) in Ohio, and you’re wondering if you should contest it or just plead guilty at the first court appearance (the arraignment). Pleading guilty at the arraignment would get it over with quickly, thereby saving time and money. On the other hand, a D.U.I. conviction will likely have a significant impact in the future.
My First Case With The Ohio Intoxilyzer 8000
In a previous post, I discussed the Intoxilyzer 8000. The Ohio Department of Health made a controversial purchase of 7000 of these breath-testing machines, and a few are being used in central Ohio D.U.I./O.V.I. cases. In the previous post, I said I would give developments from my first 8000 case.