Columbus OVI/DUI Attorney BlogThe Chicago Tribune reported that the driver of a tour bus in Chicago struck and killed a pedestrian, and a blood test following the accident was positive for cocaine. The bus driver is now being held without bail and likely facing charges of D.U.I. and Aggravated Vehicular Homicide. This tragic incident highlights the issues of driving under the influence of drugs, vehicular homicide, and commercial drivers.
Should The Government Ban Apps For DUI Evasion?
There is an ever-increasing number of apps for Iphones, Droids, and BlackBerrys. In addition to finding local restaurants and launching angry animals, smartphone users can now download apps designed to help the users avoid DUI charges. United States senators recently moved smartphone manufacturers to discontinue these apps, which raises the question: should the government ban apps for DUI evasion?
Should I Take The Breath Test In An Ohio OVI Case?
As a D.U.I. defense attorney, this is one of the most frequently asked questions I receive (second only to “how can you do that?”). The answer is surprisingly complicated: it depends on factors that include how much alcohol you drank, whether you are more concerned about the short-term or long-term status of your driver’s license, whether you have prior convictions, whether you’re on probation, and whether you have a commercial driver’s license.
And The Results Are In…From The DUI Checkpoints In Columbus, Ohio
St. Patrick’s day is one of the biggest days of the year for drinkers. In central Ohio, it’s second only to Independence Day. It is no surprise, then, that the Franklin County DUI Task Force announced two DUI checkpoints for St. Patrick’s Day, 2011. What may come as a surprise is that, after stopping 727 cars, only seven people were charged with D.U.I. (O.V.I.).
Ohio Court Says Forced Blood Draws Are Constitutional
Historically, if a driver refused to give a sample of blood, breath or urine, the driver’s license would immediately be suspended for refusing, but there would be no alcohol test to use as evidence against the driver. Things changed in 2009, when the Ohio legislature passed a law saying, if a person with prior O.V.I. convictions refuses to submit to a chemical test, “the law enforcement officer who made the request may employ whatever reasonable means are necessary to ensure that the person submits to a chemical test of the person’s whole blood or blood serum or plasma.” R.C. 4511.191(A)(5).
How Do I Choose A Central Ohio D.U.I. Attorney?
The last two posts of this blog have addressed two frequently asked questions: (1) should I contest my D.U.I. charge? and (2) should I represent myself in a D.U.I.? This post discusses a common follow-up question: if I have decided to contest my D.U.I. charge and I’m not going to represent myself, how do I choose a D.U.I. attorney?
Should I Represent Myself (Pro Se) In An Ohio D.U.I.?
If you are charged with a D.U.I. (O.V.I.) in Ohio, do you really need to hire an attorney, or can you just represent yourself (proceed “pro se”)? This post could be cut short with the old adage “he who represents himself has a fool for a client”, but I think there are exceptions to this adage. However, if you are going to contest a D.U.I. charge, you are almost certainly going to need an attorney.
Should I Contest My Ohio DUI/OVI Charge?
So you’ve been charged with a D.U.I. (O.V.I.) in Ohio, and you’re wondering if you should contest it or just plead guilty at the first court appearance (the arraignment). Pleading guilty at the arraignment would get it over with quickly, thereby saving time and money. On the other hand, a D.U.I. conviction will likely have a significant impact in the future.
Hope Of Challenging Critical Evidence In Ohio DUI/OVI Cases
The last post for this blog discussed the defendant’s right to confront and cross examine the people responsible for the chemical test that determines a defendant’s blood alcohol level. On one hand, the United States Supreme Court strengthened this confrontation right in Melendez-Diaz. On the other hand, an Ohio court of appeals in State v. Collins later held it is not a violation of the defendant’s confrontation rights to admit records at the motion hearing regarding maintenance of the breath-testing machine without the testimony of the person that maintained it. This post addresses a case decided after the Collins decision.
No Right To Challenge The Most Critical Evidence In Ohio DUI/OVI Cases?
Imagine a case in which the defendant is not permitted to challenge the most critical evidence. For example, imagine a products liability case in which the plaintiff says, “we know the product was defective because we did scientific testing which showed it was defective.” The defendant would challenge the scientific testing through cross examination to show why the plaintiff’s test was unreliable. In OVI cases in Ohio, the prosecution often introduces a scientific chemical test to prove the defendant’s concentration of blood, breath, or urine. The defense, however, is prohibited from challenging the general reliability of those chemical tests due to State v. Vega (see blog entry May 3, 2010).