The Ohio Supreme Court recently issued a decision in State v. Fips. The Court concluded that, when the reasonable suspicion of criminal activity for a traffic stop has been dispelled, a police officer can nevertheless check the status of the driver’s license. The Court’s treatment of precedent is reminiscent of the ‘Telephone Game’.
A former Pennsylvania state trooper was involved in a two-vehicle automobile crash, and the driver of the other vehicle died as a result. The former trooper, Joseph Yuran, was charged with Aggravated Vehicular Homicide as a second-degree felony and Operating a Vehicle under the Influence (OVI). Yuran pled guilty to those charges, and the judge imposed a prison term of 7 years to 10.5 years. Yuran appealed the sentence to the 11th District Court of Appeals, claiming the sentence was unlawful.
The law governing DUI (called ‘OVI’ in Ohio) is going to change. House Bill 37, signed by Governor Mike DeWine, becomes law on April 9, 2025. The legislation changes four separate areas of law: (1) Driving privileges and ignition interlock devices for OVI license suspensions; (2) Financial penalties for OVI convictions; (3) Oral fluid testing in OVI cases; and (4) Aggravated Vehicular Homicide penalties when a defendant has prior OVI convictions. This article addresses the changes in that order.
Many continuing legal education seminars teach the art of trial skills. In the area of DUI (called ‘OVI’ in Ohio), fewer than five percent of cases go to trial, but 100% of cases involve negotiation. For the first time, the National College for DUI Defense (NCDD) held a seminar to improve negotiation skills. The presentations provided valuable insight, and three of them stood-out to me.
The city of Goodlettsville recently settled with a driver who was wrongfully charged with DUI (called ‘OVI’ in Ohio). The settlement was reported by a local television station which conducted an investigation into sober drivers charged with DUI. The investigation revealed the driver in Goodlettsville was one of hundreds charged with DUI and later exonerated by forensic testing.
The Ohio Supreme Court recently decided a case in which an officer conducted a traffic stop after learning the basis for the stop was no longer valid. The issue was whether evidence obtained from the stop was admissible in the defendant’s trial. This issue was addressed by this court in 1984. However, in the recent case, the Court reached a different conclusion.
This blog is not a bar band: we take requests without asking for tips! Yesterday, we received a question from a reader who wants to understand the interplay of Child Endangering and DUI (called ‘OVI’ in Ohio). This article is going to answer that reader’s question. Ask and you shall receive.
Justin Timberlake’s arrest for DWI (called ‘OVI’ in Ohio) demonstrates the crucial need for the presumption of innocence in criminal trials. Within hours after Timberlake’s arrest, hundreds of website pages broadcasted the accusation. Many people, like the writer of this article, have already convicted him in their minds. In court, the presumption of innocence is critical due to our human nature to presume guilt.
In DUI cases (called ‘OVI’ in Ohio), a defendant’s blood or urine sample may be tested by a crime lab to determine the concentration of alcohol and/or drugs in the sample. In court, a lab analyst testifies regarding the blood or urine testing and the results of the test. But what if the analyst testifying is not the analyst who conducted the test? The recent case of Smith v. Arizona addressed whether this violates the defendant’s right to confront witnesses.
When an officer arrests a driver for DUI (called ‘OVI’ in Ohio), the officer typically requests that the driver consent to a blood, breath, or urine test. However, a statute in the Ohio Revised Code (section 4511.191) says a driver arrested for OVI implicitly consents to those tests. Can a driver arrested for OVI revoke that consent? This question has not been directly addressed in Ohio but was recently answered by the Supreme Court of Colorado.
Columbus OVI/DUI Attorney Blog