Columbus OVI/DUI Attorney Blog
Imagine for a minute that your car is in the shop. You have some errands to run, so you borrow someone else’s car. A friend, a family member, a coworker, whomever. As you’re driving to the store, you see a police cruiser activate its lights and sirens to pull you over. You weren’t speeding, you didn’t drive over the lane line, you followed every traffic rule in the book. So why are you being pulled over? The officer walks up to your window and says you were stopped because the officer ran the car’s license plate and learned the registered owner of the car had their license revoked. The officer didn’t make any effort to determine whether that registered owner was actually driving the car: he just saw the revocation and pulled you over.
Is the officer allowed to do this?
Can You Be Pulled Over In Ohio For Someone Else’s Crime?
I will always remember 
OVI trials sometimes involve testimony from expert witnesses. Those witnesses include pharmacologists who testify about the accuracy of the defendant’s breath test result. A recent decision from an Ohio Court of Appeals demonstrates the importance of assessing the quality of the expert witness report and evaluating the utility of anticipated expert testimony.
It was 82 degrees in February, but it was all about continuing education. Mostly. At least partly. It was the 
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 makes the roads safer, except when it makes the roads more dangerous. It’s a fair consequence for a person convicted of DUI/OVI, except when it’s unfair. The ignition interlock device has been used increasingly by Ohio and most other states to prevent drunk driving. As illustrated by a recent 
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.