Articles Tagged with OMVI

Employee-Handbook-300x186Following his recent arrest for DUI (called ‘OVI’ in Ohio), Bob Huggins resigned from his position as the men’s basketball coach at West Virginia University.  His situation is illustrative of many high-profile individuals who have lost jobs due to a DUI/OVI.  But it is not only high-profile individuals who face employment consequences for OVI cases.  We are frequently asked the following questions about OVI cases and employment.

Continue Reading

Pills-with-blue-background-300x225When a driver is prosecuted for operating a vehicle under the influence of drugs (called ‘OVI’ in Ohio), what evidence is sufficient to sustain a conviction?  The prosecution must prove the defendant operated a vehicle under the influence of a drug of abuse.  That requires the prosecution to prove the defendant was impaired while operating the vehicle, identify the specific drug which was ingested, and link the drug’s ingestion to the defendant’s impairment.

Continue Reading

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.

Continue Reading

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.

Continue Reading

NHTSA-Super-Bowl-200x300There is a lot of Super Bowl planning going on.  Rihanna is planning what songs to sing.  Tom Brady is planning to make an appearance as a broadcaster (and later announce his second un-retirement?).  Party hosts are planning what food to serve.  I am planning to miss our annual party due to Covid (cruel timing).  And Ohio law enforcement agencies are planning to arrest drunk drivers.

Continue Reading

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?
Continue Reading

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.
Continue Reading

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.

Continue Reading

Mouth-swab-300x200

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.

Continue Reading

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.

Continue Reading

Contact Information