Articles Tagged with Ohio DUI Laws

Motion-to-Suppress-Evidence-273x300I recently came across this article in an Ohio newspaper:  Judge Denies Motion to Suppress Evidence.  What does that mean in a DUI case (called ‘OVI’ in Ohio)?  When a judge orders that evidence is suppressed, the evidence is excluded from trial.  That means, even though the evidence existed, the jury does not hear about it.  The two general bases for suppressing evidence are:  (1) violations of the defendant’s Constitutional rights; and (2) the government’s failure to comply with statutory (legislative) law.

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DUI-Law-Book-300x200According to a story by NBC4i, the Ohio State Highway Patrol reports that 30% of DUI arrests (called ‘OVI’ in Ohio’) come from repeat offenders.  In Ohio, the mandatory OVI penalties increase with every conviction in ten-years (called the ‘lookback period’).  Those penalties include vehicle sanctions, license suspensions, incarceration, and other consequences.

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In November of 2022, an article in this blog reported the state of Ohio intends to use oral fluid testing in the future.  The future is here.  When NBC4 reported on the Traffic Safety Council’s recommendation of oral fluid testing for DUI cases (called ‘OVI’ in Ohio), the Ohio Department of Health had already passed new regulations which add oral fluid to the bodily substances which may be tested.  Those regulations became effective on January 23, 2023.
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Jurisdiction-300x200The issue of venue recently arose in an Ohio Vehicular Homicide case.  As reported by the Leader-Telegram, the defendant was accused of hitting two highway workers in Clark County.  As a result of the collision, one worker died, and the other was seriously injured.  The defense attorney filed a motion for change of venue.  What is venue, and when can it be changed?
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Statehouse-with-Ohio-flagWe’ve used this space in the past to discuss issues with Ohio’s approach to DUI (called ‘OVI’ in Ohio) cases involving marijuana. The rising prevalence of marijuana OVIs following Ohio’s legalization of medical marijuana has shown Ohio’s OVI laws are woefully out-of-date to deal with these issues.  A recent bill in the Ohio Senate seeks to update the way the law treats marijuana OVIs. This bill, if passed, would have a profound impact on the way marijuana OVI cases are charged, handled by courts, and defended by OVI defense attorneys.
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Rejected-Stamp-300x200Rejecting a No Contest plea may be an abuse of a judge’s discretion, according to a case decided last week by the Ohio Supreme Court.  A plea of No Contest is different than a guilty plea, and the plea of No Contest is used for two purposes in DUI (called ‘OVI’ in Ohio) cases.  Although a judge’s approval is required for a plea of No Contest, the case decided last week makes it clear a judge’s refusal to give approval may be overturned.
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License-plate-of-trooper-cruiserThe special license plates for DUI offenders are commonly referred to as “party plates” and “family plates”.  The official term in Ohio is “restricted license plates”.  Whatever you call them, nobody wants them.  In Ohio, the plates are yellow with red lettering, and they signal to everybody the driver of that vehicle was convicted of DUI (called ‘OVI’ in Ohio).  This article explains when the plates are required, how they are obtained, and possible penalties for restricted plate violations.

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According to a news report by NBC4 Columbus, the state of Ohio intends to use oral fluid testing to obtain evidence of drugged driving.  In the video from NBC4, the Ohio Traffic Safety Council indicates there are increasing numbers of crashes caused by drug-impaired drivers.  To combat this problem, the Traffic Safety Council recommends that law enforcement agencies implement oral fluid testing.  This testing method has some advantages over currently used drug tests, but it also has drawbacks.

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Alarm-clock-300x240In DUI cases (called ‘OVI’ in Ohio), a defendant is sometimes charged with two OVI charges.  One charge is OVI ‘impaired’, based on operating a vehicle under the influence of alcohol and/or drugs.  The other charge is OVI ‘per se’, based on operating a vehicle with a prohibited concentration of alcohol and/or drugs in the driver’s breath, blood, or urine.  In cases involving blood and urine tests, the charge of OVI ‘per se’ is often filed weeks or months after the charge of OVI ‘impaired’ is filed, as law enforcement waits to file the ‘per se’ charge until after receiving the results of the blood/urine test.

In those cases, when does the speedy trial clock start for the later-filed charge of OVI ‘per se’?  Is it when the original charge was filed, when the test results were received, or when the second charge is filed?  That question was recently answered by the Ohio Supreme Court.

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WP_20140914_014-300x169I’m not crazy about cold weather, and autumn signals the inevitable temperature decreases in Ohio.  On the other hand, autumn also means the O.S.U. football season, as well as the annual DUI defense seminar in Las Vegas.  I have attended the seminar about 20 times, and this year I gave a presentation.

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