In the recent case of State v. Toran, the Ohio Supreme Court addressed the legality of a deputy’s vehicle search. For a law enforcement officer to search a vehicle, a search warrant is generally required, unless there is an applicable exception to the warrant requirement. The issue in this case was whether the prosecution proved the applicability of the ‘inventory search’ exception. Read More »
Ohio Woman Charged with Vehicular Homicide and Murder
An Ohio woman struck a man with her vehicle, and the man died. The woman, Brooklyn Maxine Frazie, was charged with Aggravated Vehicular Homicide, Operating a Vehicle under the Influence (‘OVI’-Ohio’s term for DUI), Murder, Aggravated Murder, and other offenses. When a person’s driving causes the death of another person, it is common for that person to be charged with Aggravated Vehicular Homicide. It is unusual, however, for these incidents to lead to charges of Murder and Aggravated Murder. While ... Read More »
DUI/OVI Cases in Ohio Mayor’s Courts
In Ohio, most misdemeanor DUI cases (called ‘OVI’ in Ohio) are heard in Municipal Courts. However, some misdemeanor OVI cases are heard in mayor’s courts. Mayor’s courts are operated in cities and villages which do not have municipal courts. Although there are nearly 300 mayor’s courts in Ohio, these courts seem to be the least understood. This article provides an understanding of OVI cases in Ohio mayor’s courts. Read More »
Ohio DUI/OVI Checkpoint Results
The results are in from two recent DUI checkpoints (called ‘OVI’ in Ohio). Last weekend, DUI/OVI checkpoints were held in two Ohio Counties. In Franklin County, 994 vehicles passed through the checkpoint, and one person was arrested for OVI. In Wood County, 1,072 vehicles went through the checkpoint, and two people were arrested for OVI. When hearing the results of the DUI/OVI checkpoints, one may wonder how checkpoints are operated, whether checkpoints are legal, and whether checkpoints are effective. Read More »
Court Appearances for DUI/OVI Cases in Ohio
For a person charged with DUI (called ‘OVI’ in Ohio), going to court can be the source of anxiety. Most people have never appeared in court and do not know what to expect. Television and movies generally focus on trials, but there are other stages to the court process. This article explains what to expect at each stage. Read More »
Can Police Obtain Medical Records of a DUI/OVI Suspect in Ohio?
We expect privacy in our medical records. Those records contain sensitive personal information about our health. For this reason, health care providers generally cannot share our medical records with others. But what if a police officer wants a person’s medical records? Suppose, for example, a person involved in a motor vehicle accident is treated at a hospital, and the hospital records contain evidence showing the patient was the driver and had a certain blood alcohol concentration? Can a police officer ... Read More »
Why Some People Convicted of DUI/OVI in Ohio Have Yellow Plates
Most license plates in Ohio are white with blue letters. Occasionally, cars in Ohio have yellow plates with red letters. That means either the car is from out-of-state (probably New York) or the driver was convicted of DUI (called ‘OVI’ in Ohio). Yellow license plates are required for some, but not all, drivers convicted of OVI in Ohio. Read More »
Everything You Need to Know About a First-Offense DUI/OVI in Ohio
A recent article in Forbes Advisor purports to tell readers ‘everything you need to know’ about a first-offense DUI. The article discusses definitions, consequences, and options in general terms. It does not tell readers precise definitions, consequences, and options in a particular state. The problem is DUI laws are state-specific: every state has its own DUI laws. If you really want to know about a first-offense DUI in Ohio (where it’s called ‘OVI’), read on. Read More »
What if I Live in Another State and Get a DUI/OVI in Ohio?
As an Ohio lawyer representing clients for DUI (called ‘OVI’ in Ohio), I am often asked questions regarding what happens when an out-of-state driver is charged with OVI in Ohio. This article answers the most frequently asked questions on that topic. Read More »
Ohio Revises Law for Alcohol and Drug Testing in DUI/OVI Cases
Effective January 23, 2023, Ohio has new regulations governing chemical testing in DUI cases (called ‘OVI’ in Ohio). The revised rules authorize the use of oral fluid testing, approve new breath-testing machines, and revise requirements for the maintenance of testing equipment. Read More »