Articles Tagged with Ohio DUI/OVI

License-plate-of-trooper-cruiserIf another driver becomes angry with you, that driver can easily call the police and report you as a drunk driver. The driver doesn’t have to give a statement to the police. In fact, the allegation can be completely anonymous.

Should police officers be permitted to stop you based only on another person’s anonymous tip? That question will be answered by the Ohio Supreme Court, as it recently agreed to hear the case of State v. Tidwell. The case could have broad implications, not for not just OVI cases, but for individuals’ Fourth Amendment protections in general.

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Expert-witness-report-300x200In Ohio DUI/OVI cases, the prosecution sometimes introduces expert testimony. If a prosecutor intends to do so, the prosecutor must provide the defense attorney with a written report summarizing the expert’s testimony. According to the Ohio discovery rules, the report must be disclosed to defense counsel at least 21 days prior to trial. What happens when the report does not contain all the expert’s testimony or isn’t provided timely? A recent decision from the Ohio Supreme Court answers that question.

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Handing-driver-license-to-officer-300x200Imagine for a minute that your car is in the shop. You have some errands to run, so you borrow someone else’s car. A friend, a family member, a coworker, whomever. As you’re driving to the store, you see a police cruiser activate its lights and sirens to pull you over. You weren’t speeding, you didn’t drive over the lane line, you followed every traffic rule in the book. So why are you being pulled over?  The officer walks up to your window and says you were stopped because the officer ran the car’s license plate and learned the registered owner of the car had their license revoked. The officer didn’t make any effort to determine whether that registered owner was actually driving the car: he just saw the revocation and pulled you over.
Is the officer allowed to do this?

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Dominy-at-OVI-seminar-2020-2-228x300I will always remember OACDL’s 2020 DUI seminar. Near the end of the first day of the three-day event, Ohio’s governor banned gatherings of 100 or more people. Our gathering had more than 100 people. As the president of the organization, I had the responsibility of informing those 100+ people the next two seminar days were cancelled. It was not a popular decision. It’s better to make decisions on principle rather than popularity. The attendees will ultimately receive the remaining two days of continuing legal education, and I expect they will also realize the cancellation decision was correct.

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Marijuana-and-key-300x190As of January 1, 2020, 11 states and Washington D.C. have legalized recreational marijuana use. That number increases to 33 states when you include medical legalization. Several studies have been conducted to determine what effect this ever-growing legal access to marijuana has had on traffic and DUI/OVI statistics. While more data will be needed to ultimately determine the true effect of legalization, these studies indicate there has been an impact.

 

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Ignition-interlock-in-use-300x200It makes the roads safer, except when it makes the roads more dangerous. It’s a fair consequence for a person convicted of DUI/OVI, except when it’s unfair. The ignition interlock device has been used increasingly by Ohio and most other states to prevent drunk driving. As illustrated by a recent article in The New York Times, the device intended to encourage safe roads and fair punishment has actually caused accidents and unjust punishments.  What should Ohio do?

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Lawyers-speaking-with-judge-at-bench-300x200In an Ohio appellate case decided this month, the prosecutor assumed defense counsel’s motion was insufficient, and it did not end well for the prosecutor. Defense lawyers often file motions to suppress evidence in Ohio OVI cases. Occasionally, a prosecutor will claim the motion is not particular enough: it’s a ‘shotgun’ motion attacking all the evidence, or it’s a ‘boilerplate’ motion not sufficiently tailored to the defendant’s specific case. The recent case illustrates a prosecutor making that claim should still be prepared to meet their burden of proof.

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5-Minute-Legal-Insights-300x198I recently had the pleasure of being interviewed by Grant Eagle on his podcast “5 Minute Legal Insights”. It actually lasted for ten minutes, and I was just getting warmed up! We discussed common misconceptions about DUI/OVI stops, arrests, and court cases. You can listen to the podcast here, and you can also find it on Apple Podcasts, Google Podcasts, Spotify and Stitcher.

Bourbon-Street-300x214DORA may be coming to a city near you. Not Dora the Explorer with her singing map and backpack. DORA the law which allows cities to have Designated Outdoor Refreshment Areas. In a DORA, people can walk around with open containers of alcohol purchased from local establishments. The idea behind DORAs is to spur economic development, and cities across Ohio are now implementing DORAs. Here are some facts about DORAs you may be interested to know before visiting one.

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The conseGet-out-of-jail-and-uncle-sam-300x224quences of an OVI/DUI conviction can go well beyond the fines, jail time, and license suspensions imposed by a Judge. Collateral effects like higher insurance premiums and lost employment opportunities can follow someone well after their case has been resolved in court. Some states, even notoriously tough-on-crime states like Texas, allow first-time OVI/DUI offenders to avoid the long term consequences of a conviction by completing a pretrial diversion program.

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