Columbus OVI/DUI Attorney BlogA man in Casper, Wyoming was charged with D.U.I. twice in the same night. It was not the first such occurrence in this Wyoming town. The incident raises the issue of increased penalties for repeat D.U.I. offenses, additional charges for Driving Under Suspension, and the policy of releasing arrestees after they post bond.
12-Year-Old Is One Of Three Charged With DUI In One Incident
Police in Minnesota arrested three people for DUI in one incident. Police received a call that a car went off the road and crashed into a shed. When they arrived, they found the driver and passenger in the car. The driver was a 12-year-old girl, and she was ultimately charged with DWI. The passenger, a 19-year-old man, attempted to move the vehicle, and he too was charged with DWI. Another 19-year-old man drove a moped to the scene to pick up the passenger, and the moped driver was also charged with DWI. The story was published online in the Crimesider page of the CBS News website.
“Over The Limit, Under Arrest” Campaign Kicks Off In Ohio
Law enforcement in Central Ohio is participating in a state-wide crackdown on drunk driving, as reported by NBC4i. They are trying to send the message: “if you drive drunk, you will be caught and arrested”.
Ohio Driving Under The Influence Of Prescription Medication
When we think of O.V.I. (D.U.I.) cases, we tend to think of cases involving a person driving under the influence of alcohol. However, Ohio O.V.I. law also prohibits operating a vehicle under the influence of a drug of abuse, and many prescription medications are “drugs of abuse”. In a recent O.V.I. case, the court of appeals stated the defendant could be convicted of O.V.I. for operating a vehicle under the influence of prescribed medication.
My First Case With The Ohio Intoxilyzer 8000
In a previous post, I discussed the Intoxilyzer 8000. The Ohio Department of Health made a controversial purchase of 7000 of these breath-testing machines, and a few are being used in central Ohio D.U.I./O.V.I. cases. In the previous post, I said I would give developments from my first 8000 case.
New Discovery Rule For Ohio O.V.I. (D.U.I.) Cases
Discovery is the process by which the prosecution and defense exchange evidence. In Ohio, the discovery process for criminal cases (including O.V.I./D.U.I. cases) is governed by Rule 16 of the Ohio Rules Of Criminal Procedure. Rule 16 was recently revised, and the revised rule became effective on July 1, 2010.
Boating On ‘Dry Water’ In Ohio
Some people think that boating and beer go hand-in-hand, like baseball and hotdogs or hockey and fighting. The Ohio Department of Natural Resources, however, is taking part in a nation-wide crackdown on boating under the influence (B.U.I.): “Operation Dry Water“.
Visual Estimation Of Vehicle’s Speed In Ohio
Was that car going 47 mph or 45 mph in the 45 zone? Can you tell? Can a trained police officer tell? A recent Ohio Supreme Court case suggests they can.
In Barberton v. Jenney, the Ohio Supreme Court held that a police officer’s unaided visual estimation of a vehicle’s speed is sufficient evidence to support a conviction for speeding without independent verification of the vehicle’s speed if the officer is trained, is certified, and is experienced in visually estimating vehicle speed.
The Intoxilyzer 8000 In Central Ohio
Breath-testing machines have been used for O.V.I. (D.U.I.) in Ohio for decades. Until recently, the breath-testing instruments approved by the Ohio Department of Health (ODH) were the BAC Datamaster and the Intoxilyzer 5000. In 2009, the Ohio Department of Health approved the use of the Intoxilyzer 8000. In addition, the ODH purchased 700 Intoxilyzer 8000s, at a cost of $6.4 million, to be used throughout the state.
Marked Lanes Violations In Ohio DUI/OVI Cases
A police officer must have some justification for making a traffic stop. In some traffic stops that lead to O.V.I. (D.U.I.) arrests, the justification for the stop is a “Marked Lanes” violation. But what is a Marked Lanes violation, and when does it justify a traffic stop?