DUI-Law-Book-300x200According to a story by NBC4i, the Ohio State Highway Patrol reports that 30% of DUI arrests (called ‘OVI’ in Ohio’) come from repeat offenders.  In Ohio, the mandatory OVI penalties increase with every conviction in ten-years (called the ‘lookback period’).  Those penalties include vehicle sanctions, license suspensions, incarceration, and other consequences.

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Stop-texting-while-driving-300x200With the media reporting the recent changes to Ohio’s distracted driving laws, Ohio drivers probably have questions.  In what circumstances am I prohibited from using a cell phone when I’m driving?  In what circumstances am I permitted to use a cell phone when I’m driving?  What is the law on ‘distracted driving’?  Can I be stopped for violating these laws?  What are the penalties if I’m caught?  What if I am under 18?  This article answers those questions.

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Advanced-OVI-Seminar-2023-300x199The annual ‘Advanced OVI Seminar’, presented by the Ohio Association of Criminal Defense Lawyers (OACDL), was held last week in Columbus.  As usual, the seminar featured outstanding speakers from Ohio and across the continent.  As always, the speakers delivered valuable information to help DUI lawyers (called ‘OVI’ lawyers in Ohio) improve their skills.

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In November of 2022, an article in this blog reported the state of Ohio intends to use oral fluid testing in the future.  The future is here.  When NBC4 reported on the Traffic Safety Council’s recommendation of oral fluid testing for DUI cases (called ‘OVI’ in Ohio), the Ohio Department of Health had already passed new regulations which add oral fluid to the bodily substances which may be tested.  Those regulations became effective on January 23, 2023.
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NHTSA-Super-Bowl-200x300There is a lot of Super Bowl planning going on.  Rihanna is planning what songs to sing.  Tom Brady is planning to make an appearance as a broadcaster (and later announce his second un-retirement?).  Party hosts are planning what food to serve.  I am planning to miss our annual party due to Covid (cruel timing).  And Ohio law enforcement agencies are planning to arrest drunk drivers.

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Jurisdiction-300x200The issue of venue recently arose in an Ohio Vehicular Homicide case.  As reported by the Leader-Telegram, the defendant was accused of hitting two highway workers in Clark County.  As a result of the collision, one worker died, and the other was seriously injured.  The defense attorney filed a motion for change of venue.  What is venue, and when can it be changed?
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Statehouse-with-Ohio-flagWe’ve used this space in the past to discuss issues with Ohio’s approach to DUI (called ‘OVI’ in Ohio) cases involving marijuana. The rising prevalence of marijuana OVIs following Ohio’s legalization of medical marijuana has shown Ohio’s OVI laws are woefully out-of-date to deal with these issues.  A recent bill in the Ohio Senate seeks to update the way the law treats marijuana OVIs. This bill, if passed, would have a profound impact on the way marijuana OVI cases are charged, handled by courts, and defended by OVI defense attorneys.
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Shawns-Badge-from-NCDD-Winter-Session-2023-300x287Representing clients charged with Vehicular Homicide in Ohio is challenging.  Our firm does it very well, but there is always room for improvement.  That’s why I recently attended the NCDD seminar ‘Facing Death’.  Held in San Diego, the two-day conference featured outstanding lawyers and experts discussing how to effectively defend clients facing these charges.
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Rejected-Stamp-300x200Rejecting a No Contest plea may be an abuse of a judge’s discretion, according to a case decided last week by the Ohio Supreme Court.  A plea of No Contest is different than a guilty plea, and the plea of No Contest is used for two purposes in DUI (called ‘OVI’ in Ohio) cases.  Although a judge’s approval is required for a plea of No Contest, the case decided last week makes it clear a judge’s refusal to give approval may be overturned.
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License-plate-of-trooper-cruiserThe special license plates for DUI offenders are commonly referred to as “party plates” and “family plates”.  The official term in Ohio is “restricted license plates”.  Whatever you call them, nobody wants them.  In Ohio, the plates are yellow with red lettering, and they signal to everybody the driver of that vehicle was convicted of DUI (called ‘OVI’ in Ohio).  This article explains when the plates are required, how they are obtained, and possible penalties for restricted plate violations.

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