Columbus OVI/DUI Attorney BlogThe ever-growing number of states which have legalized either medical marijuana or recreational marijuana has created a number of issues for law enforcement and the justice system. Chief among those issues is the challenge of enforcing laws against operating a vehicle under the influence of marijuana. In an effort to overcome this challenge, the Norwegian […]
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High Court Hears Oral Argument In Third Case Involving Warrantless Blood Test
The United States Supreme Court recently heard oral arguments in the case of Mitchell v. Wisconsin. As this blog discussed previously, this the third case in a series of cases dealing with whether the police can take a DUI/OVI suspect’s blood without a search warrant. The questions and statements from the bench during the oral […]
Preview: Third Episode In Trilogy Addressing Blood Tests And Search Warrants
Just as Hollywood has produced some good movies in trilogies, the United States Supreme Court has produced some good case law in trilogies. The Court addressed the right to confront crime lab analysts with the trinity of Bullcoming, Melendez-Diaz and Williams. On the issue of the need for a warrant to draw blood from a […]
What Happens When Two Tests Give Different Results In An Ohio DUI/OVI?
Joe was arrested for DUI / OVI, and the officer had Joe take a breath test and a urine test. The breath test showed an alcohol level under Ohio’s limit, and the urine test showed an alcohol level over Ohio’s limit. Based on the urine test result, Joe was prosecuted for operating a vehicle with […]
Should Ohio Use Daily Alcohol Testing For Repeat DUI/OVI Offenders?
What should we do with repeat DUI/OVI offenders? On one hand, we want them to be rehabilitated, and we want them to be employed, which usually requires driving. On the other hand, we want to punish them and protect the public from the risk of harm they create. In Ohio, to protect the public […]
Deficient Field Sobriety Tests Are Inadmissible In Ohio DUI/OVI Cases
Standardized field sobriety tests (SFSTs) are administered in nearly every DUI/OVI case in Columbus and central Ohio. A previous post in this blog analyzed the standard for admitting the tests as evidence in court: the SFSTS must be administered in substantial compliance with the officers’ training manual for the tests to be admissible. A recent […]
U.S. Supreme Court Decision Raises Questions About Blood Tests in Ohio D.U.I./O.V.I. Cases
In a previous post, this blog questioned whether police should be able to draw blood against your will without a search warrant. At that time, oral arguments had recently been held in the case of Missouri v. McNeely. A few days ago, the United States Supreme Court issued a decision in the McNeely case. Based […]
Rules Not Followed = Blood Test Thrown Out
There are rules for blood testing, and they aren’t new. If the prosecution wants to admit a blood test as evidence in an Ohio O.V.I./D.U.I. case, the prosecution has to prove certain procedures were followed for the blood test. A few days ago, an Ohio court of appeals held that the procedures weren’t followed, so […]
Can I Talk With An Ohio OVI Attorney Before Field Sobriety Tests?
Suddenly, there are flashing lights in your rear-view mirror. ‘What did I do?’ The officer slowly approaches your window. “Good evening. I noticed you had some trouble staying in your lane back there. I need to see your license, registration, and proof of insurance.” The nervousness makes it nearly impossible to get that stupid license […]
What Is The Standard For Standardized Field Sobriety Tests In Ohio?
Standardized field sobriety tests are administered in nearly every OVI (DUI) case in central Ohio. But what it the standard for admitting the field sobriety tests as evidence in an OVI (DUI) trial? To answer this question, we must look at decisions by the Ohio Supreme Court, legislation by the Ohio General Assembly, and the […]