“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 passed a bill which would permit first-time DUI (called ‘OVI’ in Ohio) offenders to have their records sealed (expunged). Michigan, like Ohio, currently permits record sealing for many criminal offenses but prohibits record sealing for DUI convictions. The Michigan bill passed with an overwhelming majority and is now waiting for the governor’s approval. The potential change in Michigan’s expungement law raises the question of whether first-offense OVI convictions in Ohio should be eligible for record sealing.
The 2020 holiday season may see a decrease in partying, but there will still be a seasonal increase in enforcement of DUI (called ‘OVI’ in Ohio). The Ohio State Highway Patrol plans an increased presence in December, and the federal government has proclaimed December of 2020 to be ‘National Impaired Driving Prevention Month’. You may be avoiding holiday parties and other large gatherings this season, but if you are on the road at night, officers will be watching closely to see if you should be stopped. There are ways to avoid being stopped, charged with, and convicted of OVI in Ohio.
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.
We’ve used this space in the past to discuss how the nationwide trend in marijuana legalization has impacted the enforcement of DUI laws (called ‘OVI in Ohio’). After last week’s election, 37 states plus Washington D.C. have now legalized marijuana in some fashion. While recreational use of marijuana has been decriminalized (but not legalized) in Ohio, medical marijuana has been legal here since 2016. What does this mean for marijuana DUI charges? Could changes to Ohio’s OVI laws be on the horizon?
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 article in the USA Today, the answer seems to be ‘no’. Nevertheless, Ohio aggressively enforces a flawed marijuana DUI law (called ‘OVI’ in Ohio).
We here at the Dominy Law Firm are big fans of the classic game show “Jeopardy”. With the fast-paced trivia challenge and Alex Trebek’s unmatched gravitas, there is little not to like. We are also big fans of the Constitutional protection against Double Jeopardy. This protection is enshrined in the 5th and 14th Amendments to the United States Constitution, as well as Article I, section 10 of the Ohio Constitution. It prevents people from being prosecuted for a crime more than once or being punished multiple times for the same conduct. The protection against double jeopardy occasionally is used as a defense in DUI cases (called ‘OVI’ in Ohio).
A semi rolled-over and spilled about 11,000 salmon onto the highway. As the fish flopped around on the road, the truck driver was charged with DUI. But it turned-out he had ‘auto-brewery syndrome’, a condition in which his body makes its own alcohol. This condition is rare but has been identified many times. For a person charged with DUI (called ‘OVI’ in Ohio) who drank no alcohol, auto-brewery syndrome may be responsible.
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.