Lawyers disagree on what part of a trial is the most important. Some lawyers say the closing argument is the most important part because that’s when we tie everything together and persuade. Others say the closing doesn’t matter much: trials are lost or won during jury selection. Still others say the most critical phase of a trial is cross-examination.
When a machine is given the power to convict a person of a crime, we should be absolutely certain the machine is working properly. In Ohio, machines are used to measure the concentration of alcohol in the breath of drivers. A driver who operates a vehicle with a breath alcohol concentration of .080 or more is guilty of OVI, even if that person’s ability to drive was not impaired by the alcohol. As breath-testing machines have that much power, the accuracy and precision of the machines is critical, so they are subjected to a weekly instrument check. A recent case by an Ohio appellate court downplays the importance of those weekly instrument checks.
The reasonable person. Courts make many decisions using the test of what ‘a reasonable person’ would do/think/feel under certain circumstances. Older cases used the ‘reasonable man’ standard, but newer cased have modernized the test with gender neutrality. In the recent case of Cleveland v. Oles, the Ohio Supreme Court concluded a reasonable person stopped by a police officer and placed in a cruiser would not necessarily believe he or she is ‘in custody’, so Miranda warnings are not required.
In his book Good To Great, Jim Collins discusses ‘the hedgehog concept’. The concept is essentially this: although the fox is a cunning predator, the hedgehog always defeats the fox because the hedgehog focuses on doing one thing well – it rolls into a ball of spiky quills the fox cannot penetrate. The hedgehog concept applies to practicing law: focusing on one narrow area of law and doing it well leads to expertise and effectiveness. In the narrow area of DUI/OVI defense, one great way to learn is attending advanced level seminars like the summer session of the National College for DUI Defense (NCDD).
This the week of July 4th. For some, that means celebrating our nation’s independence with burgers, beer and boats. As alcohol is often mixed with boating, people are prosecuted and punished for boating under the influence (BUI). But how do law enforcement officers determine if a person’s ability to operate a boat is impaired by alcohol?
Fourth amendment law does not lend itself to mathematical formulas. Rather than using equations to decide Constitutional issues, courts look at the totality of the circumstances and make decisions on a case-by-case basis. This is particularly true when it comes to the issue of whether an officer had probable cause to justify an arrest. However, one theorem illustrated by a recent Ohio OVI case is this: clues on Field Sobriety Tests (FSTs) does not equal Probable Cause (PC).
After Tiger Woods’ recent DUI arrest, he issued a statement in which he said, “I want the public to know alcohol was not involved. What happened was an unexpected reaction to prescribed medications.” Prescription medications, as well as non-prescribed drugs, account for an increasing number of DUI/OVI cases in Ohio and throughout the United States. Tiger’s situation very publicly spotlights the complicated problem of drugged driving.
The last entry in this blog discussed the movement to decrease distracted driving in the United States. Using cell phones while driving appears to be increasingly problematic. In response, states are criminalizing the behavior, and groups like the Partnership For Distraction-Free Driving and the Distracted Driving Project are mounting campaigns which encourage drivers to not multi-task while driving. Another idea to combat distracted driving is use of the ‘Textalyzer’.
How many times have you seen someone obviously texting while driving? I recently drove by a guy who was operating his phone with both hands while he steered his car with his knees. I’m sensitive to the danger posed by distracted driving, both as a lawyer who represents clients charged with traffic offenses and as a father of a child approaching driving age. The more we learn about the danger of distracted driving, the more we understand it may be as hazardous as drunk driving. Consequently, driving while texting may someday carry penalties like those for DUI (known as OVI in Ohio).
There are few instances when the government can take our property without first holding a hearing. An Ohio Administrative License Suspension (A.L.S.) is one of those instances. If a driver refuses a chemical test or tests ‘over the limit’, an officer takes the driver’s license on-the-spot. Accordingly, to protect drivers’ rights to due process of law, Ohio has rules which must be followed for an A.L.S to be imposed. A recent A.L.S. case in an Ohio Court of Appeals demonstrates what happens when the rules are not followed.
Columbus OVI/DUI Attorney Blog