After being canceled in 2020 due to some global pandemic, the annual DUI seminar in Las Vegas resumed in October of 2021. This year’s theme was ‘Top Shelf DUI Defenses’. The National College for DUI Defense (NCDD) and the National Association of Criminal Defense Lawyers (NACDL) assembled a marvelous menu of superb speakers. The seminar really was top shelf.
In a DUI case (called ‘OVI’ in Ohio), what happens when evidence is destroyed because a prosecutor does not timely respond to a specific request for that evidence? It depends on the jurisdiction. In ten of Ohio’s 12 appellate districts, the case would likely be dismissed. In the other two Ohio appellate districts, there would likely be no sanction. Two appellate cases from two Ohio cities illustrate the outcome depends, in large part, on where the case is heard.
Police officers in Georgia are being trained to draw blood from drivers suspected of DUI (called ‘OVI’ in Ohio). Typically, a person arrested for OVI in Ohio is taken to a police station for a breath test or urine test. Occasionally, an OVI suspect is taken to a hospital for a blood test. In Georgia, DUI suspects will now have their blood drawn by police officers. Could we soon have police officers drawing blood from OVI suspects in Ohio?
Ohio may need a new acronym for impaired driving. Our state has used various drunk driving abbreviations in the past. There was ‘DUI’ for Driving Under the Influence and then ‘OMVI’ for Operating a Motor Vehicle Intoxicated. Now that Ohio law does not require the vehicle to be motorized, we use ‘OVI’ for Operating a Vehicle under the Influence. In the future, the acronym may be ‘OVD’ for Operating a Vehicle Dehydrated. A study published in Physiology & Behavior suggests dehydrated driving is similar to intoxicated driving.
Some municipalities in Ohio have used unfair procedures for enforcing traffic violations detected by cameras. The Ohio General Assembly addressed that unfairness by creating a new process for traffic camera violations. Not all municipalities are following the new rules. Recently, a municipal court judge found the Village of Brice did not comply with the newly mandated rules. In an ironic twist, Brice complained to the Court of Appeals that the Village was denied due process in the municipal court proceeding.
There are many different ways somebody can find themselves as the subject of an OVI/DUI investigation. The most common is when an officer witnesses a driver commit a traffic offense, initiates a traffic stop, and then conducts an investigation based on their observations of the driver. Other times, an officer will conduct the traffic stop after receiving a tip from someone that a particular driver may be impaired. How precise do these tips need to be to justify a traffic stop? How much corroborating evidence does an officer need to corroborate the tip? The Ohio Supreme Court recently weighed in on these questions in State v. Tidwell.
There has not been a live DUI defense seminar in Ohio for over a year. The Premier Ohio DUI Defense Seminar, hosted by the Ohio Association of Criminal Defense Lawyers (OACDL) is typically held in March. This year, with the hope of having participants present in-person, the seminar was postponed until June. The postponement paid-off, and the 20th annual seminar was not only live (with reduced capacity), but was also live-streamed to lawyers across the state. It wasn’t held at the usual time, but it had the usual high quality.
When a defendant appeals a DUI conviction (called ‘OVI’ in Ohio), the defendant often claims the judge made an erroneous ruling regarding a motion to suppress. The appellate court then reviews the suppression issue decided by the judge to determine whether the judge’s decision was erroneous. When the issue involves a ‘finding of fact’ by the judge, the appellate court evaluates whether the finding was supported by competent, credible evidence. Two recent Ohio cases illustrate this appellate evaluation with opposite outcomes. Continue Reading
Qualified Immunity, a defense used by police officers in civil rights lawsuits, is a topic not typically discussed in this blog. However, as a criminal defense lawyer, I have been asked about Qualified Immunity due to recent events in the United States. In addition, an individual who files a lawsuit based on a false OVI arrest may encounter this defense. Accordingly, I have asked attorney Eric Hollway to provide a guest article on Qualified Immunity. Mr. Holloway, a civil rights lawyer who represents clients in false arrest claims, prepared the remainder of this article.
A few days before the Kansas City Chiefs were to play in the Super Bowl, assistant coach Britt Reid (son of head coach Andy Reid) was involved in a three-car accident which left a five-year-old in critical condition. Earlier this month, Britt Reid was charged with the felony offense of ‘DWI-Serious Physical Injury’. While this incident occurred in Missouri, the investigation which led to the charge is essentially the same as a Vehicular Assault investigation in Ohio.