Articles Tagged with Ohio DUI/OVI

Our firm has historically advised the best way to avoid getting arrested for OVI/DUI is to have a plan in place and to stick to that plan once you’ve started drinking. For many people, that plan involves having someone else behind the wheel for your trip home, most likely in the form of an UBER, Lyft, or a taxi (remember those?). As more and more people turn to these ride sharing apps, not only for transportation, but as a source of extra money, an important question arises: What happens when the people we rely on to help avoid an OVI/DUI charge get charged with one themselves?

Uber-and-Lyft-sign-300x146

UBER DRIVERS & OVI
UBER runs background checks on all potential drivers, but they are somewhat vague about what could disqualify an applicant. They say “major driving violations” as well as a “recent history of minor driving violations” may disqualify a potential driver. It seems obvious an OVI/DUI would be considered a “major traffic violation”. Therefore, as long as an OVI/DUI is on your record, you may be disqualified for driving for UBER. Under Ohio law, OVI/DUI is not expungable, which means it stays on your record forever, permanently disqualifying you from driving for UBER.

What happens if a current UBER driver is charged with OVI/DUI? UBER states pending violations disqualify drivers “unless and until such charges are resolved in a driver’[s]… favor.” In most cases, people charged with OVI would consider it a victory to have the charge reduced. For UBER drivers, however, having an OVI reduced to Physical Control or Reckless Operation may still be considered a “major traffic violation”, leading to disqualification. For UBER drivers, OVIs may be an all-or-nothing proposition.

Continue Reading

When a trooper’s DUI charge is dismissed, it may appear the trooper is getting special treatment. In the case of N.C. trooper Dennis Tafoya, the DUI charge was dismissed because the evidence didn’t prove he committed a crime. Although he may have been very intoxicated while sitting in his car, the car was not running. In North Carolina, that is not an offense. In Ohio, the law is different.

Passed-out-in-car-300x200

According to the news report about the trooper’s case, officers found him passed out in the driver’s seat of his vehicle, parked near the courthouse. The officers ordered him out of the vehicle and asked him if the vehicle was on. He said yes. The officers determined the trooper was intoxicated, arrested him, and charged him with DUI (called “OVI” in Ohio).

Footage from the officers’ body cameras showed the trooper’s vehicle was not running. One of the officers went to move the car and learned the keys were not in the ignition. It turned out the keys were in the trooper’s pants pocket the entire time: they were not in the ignition when the officers arrived. Once the officer got the ignition key from the arrested trooper, the officer found the trooper’s vehicle was in gear. The vehicle was apparently a stick shift, so, if it was in gear, it could not have been running.

Continue Reading

Myrtle Beach, for the second year in-a-row, was the site for a seminar and retreat for the Ohio Association of Criminal Defense Lawyers (OACDL). I intended to go last year, but the timing didn’t work with my schedule. When it came up again this year, I made the event a priority on my calendar. I’m so glad I did. The unique seminar format, the interesting topics and the camaraderie made for a great experience.

Myrtle-Beach-300x174

 

The continuing education part of the retreat was unique. Rather than having the room arranged like a classroom, the tables were set up in a rectangle, like a meeting.  It also didn’t hurt to have the beach as a backdrop.  The speakers, rather than giving a monologue presentation, facilitated lively discussions.

 

Medical Marijuana And Ohio Law
One topic we discussed was marijuana. The Ohio legislature passed a law two years ago permitting the use of marijuana for medical purposes under certain circumstances, but the regulations for the details of medical marijuana have not been finalized. Nevertheless, some Ohio doctors are already ‘prescribing’ marijuana to patients who are Ohio residents.

Continue Reading

I have been attending this DUI / OVI seminar since its modern inception in 2002. For five years before that, I practiced all varieties of criminal defense, with a focus on serious felonies. I didn’t think OVI defense was as complex as cases like murder, robbery and burglary. The seminar in 2002 showed me I was wrong. Shortly after that seminar, I decided to make OVI the focus of my practice. Fast forward 16 years, and I co-chaired this year’s two-day seminar presented by the Ohio Association of Criminal Defense Lawyers (OACDL). I was primarily responsible for the first day, which means my job was to introduce the speakers without drooling or stuttering.

2018-OACDL-seminar-1-300x224

The seminar got off to a great start with a presentation by Mimi Coffey from Texas. Mimi is board certified in DUI Defense, has twice completed the Borkenstein course at Indiana University, and is a regent with the National College for DUI Defense (NCDD). She discussed how to win an OVI case involving a breath test. Her discussion included favorable case law, important scientific principles and helpful litigation strategies.

The next speaker was Lauren Stuckert from Wisconsin. Lauren is the nation’s youngest lawyer to become board certified in DUI Defense. She discussed the analysis of blood and urine. The first part of her lecture focused on the analysis of alcohol, and the second part focused on the analysis of other drugs. Lauren included a spotlight on marijuana, as there is a growing number of Ohio OVI cases involving marijuana which will only increase with the legalization of medical marijuana.

Continue Reading

I recently went on a whale-watching trip in Mexico. Wherever I went, there was no shortage of tequila and cervezas. There was also no shortage of people driving cars. That prompted me to wonder how the drunk driving laws in Mexico compare to those in Ohio. It appears there are some similarities and some differences.

Whale-300x225

‘Legal Limit’ For Blood Alcohol Concentration
One similarity between the laws in Mexico and Ohio is the ‘legal limit’: the blood alcohol concentration at which driving is ‘per se’ illegal. The national limit in Mexico is .08:  the same as Ohio.

Many states in Mexico have created their own limits, and most of them are lower than .08. For example, the states of Chiapas, Hidalgo and Veracruz all have limits of .04. We stayed in the state of Baja California Sur, which has a ‘per se’ limit of .08. Interestingly, I asked a few different locals about drunk driving, and none of them knew the ‘limite legal’.

Continue Reading

Clean hands is an obsession for some people.  In addition to frequent hand-washing, many people also use alcohol-based hand sanitizers. Aside from the potential issues with dry skin and weakened immune system (not to mention OCD!), use of hand sanitizers can also affect the results of a breath alcohol test.

Hand-sanitizer-300x200

The impact of hand sanitizers on breath testing was the subject of a recent article in the Journal Of Forensic Sciences. A previous study concluded the absorption of alcohol from hand sanitizers has virtually no effect on blood alcohol concentration. The current study answered a different question: what if the hand sanitizer is on the hands of the breath test operator?

To answer the question, the researchers had breath test operators apply hand sanitizer, rub their hands until dry, and then administer breath tests to subjects who had consumed no alcohol. Part of administering the breath test is removing the disposable mouthpiece from its package and inserting it in the breath tube for the test.

Continue Reading

The abominable snowman was arrested for drunk driving. The ‘arrest’ of the snowman was part of a campaign by the St. Helens Police Department to crackdown on drunk driving during the holidays. Although the arrest was fake, the message was real: DUI/OVI enforcement is increased during the holiday season.

Snowman-arrested-300x199

The holidays bring an increased volume of driving. According to AAA, holiday travel has increased consistently over the last nine years, and this year looks to be record-setting. In Ohio, nearly 4.5 million people are traveling for the holidays, and 90% of those are driving.

The holidays also bring an increase in accidents related to operating under the influence. The National Highway Traffic Safety Administration (NHTSA) reports that, over the last five years, an average of 300 people died in drunk driving crashes during the week between Christmas and New Year’s Day. In Ohio last year, ten OVI-related crashes resulted in 13 deaths during the Christmas holiday, according to the Ohio State Highway Patrol.

Continue Reading

During a recent OVI jury trial, the judge and I disagreed about the function of standardized field sobriety tests (SFSTs). During a sidebar, I argued the tests do not measure driving impairment; they predict blood alcohol concentration (BAC). The judge’s opinion was SFSTs measure impairment of driving ability. The judge’s opinion prevailed, despite being wrong, because the judge’s opinion always prevails in the judge’s courtroom (unless and until an appellate court says otherwise). This particular judge is intelligent, well-intentioned, and better educated on DUI/OVI issues than most judges and lawyers. If this judge misunderstands the purpose of SFSTs, it’s a topic worth addressing.

Walk-And-Turn-black-and-white-300x230

A Very Brief History Of Standardized Field Sobriety Testing
Before the introduction of SFSTs, law enforcement officers used a variety of non-standardized tests to help them decide whether to arrest a person for drunk driving. Beginning in 1975, the National Highway Traffic Safety Administration (NHTSA), sponsored research which resulted in the development of standardized field sobriety tests. That research also led to the NHTSA manual: “DWI Detection And Standardized Field Sobriety Testing”.

Subsequent to the original publication of the manual, NHTSA conducted multiple validation studies. Those studies have evaluated the SFSTs in various environments and have examined multiple factors affecting the tests. The reports from the studies are clear: what’s being evaluated is the effectiveness of the SFSTs to predict BAC, not driving impairment.

Continue Reading

Vegas-2017-strip-closed-300x201A few hours before the Las Vegas shooting, I checked-in at the Monte Carlo, four ‘doors’ down from Mandalay Bay. I was there to attend the DUI defense seminar presented by the National College for DUI Defense (NCDD). The desk clerk said the Monte Carlo was being renovated (no pool, no spa, nearly no restaurants), and she offered to move me to Mandalay Bay. I decided to stay at the Monte Carlo and just use the pool at Mandalay Bay. My body was still on Ohio time, so I was going to bed when the shooting started. I was aware there was a lot of noise (apparently, the Monte Carlo was locked-down), so I put in earplugs and went to sleep.

Vegas-2017-news-reporter-300x225The next morning, I woke up and learned the nation’s largest mass shooting took place just down the Strip. Still on Ohio time, and traveling with an Ohio police officer, I walked down to the area. Witnesses were returning from police interviews: draped in hotel towels, crying, and wearing outfits obviously selected for a country music concert. News reporters, like the one pictured here, were reporting on the incident from every angle.

 

Vegas-2017-police-motorcycles-300x225

And then there was the police presence. Law enforcement had Las Vegas Boulevard shut down south of Tropicana Avenue. Police cruisers and motorcycles lined Las Vegas Blvd. from one end of the Strip to the other. Groups of officers were stationed outside each resort.

Continue Reading

Lawyers disagree on what part of a trial is the most important. Some lawyers say the closing argument is the most important part because that’s when we tie everything together and persuade. Others say the closing doesn’t matter much: trials are lost or won during jury selection. Still others say the most critical phase of a trial is cross-examination.

Sunrise-300x191

Cross-examination was the subject of a recent workshop in Charleston, South Carolina (a couple days after Hurricane Irma hit!), and I was part of the faculty for the workshop. The workshop was part of a three-day seminar presented by the DUI Defense Lawyers Association (DUIDLA), and first two days of the seminar were lectures on various DUI/OVI topics. The third day was a trial skills workshop focused on improving the attendees’ cross examination skills.

 

In DUI/OVI cases, cross examination is very important. In all OVI trials, the defense attorney cross-examines the prosecution witnesses. In many OVI trials, there are no defense witnesses testifying, so all of the testimony comes from the prosecution witnesses. Therefore, it is critical for those prosecution witnesses to be effectively cross-examined.

Continue Reading