Recently, I had a client who, unfortunately passed away while her case was pending. The typical procedure in a situation like this is to conclude the case by what is called an “abatement.” Although this did conclude the case, I was concerned that her young child may later review her criminal history and find she was charged with a DUI. Accordingly, I attempted to expunge. (erase from public record.) my client’s arrest. The state, however, objected to expunging this case, ... Read More »
Tag Archives: DUI laws
What is the Impact of Ohio DUI / OVI on Insurance Rates?
When we consider the impact of a DUI (called ‘OVI in Ohio), we typically think of the sentence imposed by the court. The sentence for a first-offense OVI in Ohio includes a mandatory jail term of three days to 180 days, a mandatory license suspension for one year to three years, and a mandatory fine of $375 to $1,075. In addition to those mandatory aspects of the sentence in court, there are secondary consequences for an OVI conviction. One of ... Read More »
Can You be Convicted of a DUI / OVI in Your Garage?
Picture a woman standing in her garage beside her car. The engine is not running, but the car is ‘on’ with the radio playing. Police arrive at her residence, enter the garage, and give her field sobriety tests. The officers determine she is under the influence of alcohol, arrest her, and charge her with DUI (called ‘OVI’ in Ohio). Can she be convicted of OVI? Read More »
Ohio Supreme Court Determines Whether Anonymous Informant Tip Justifies Stop
Sherry Tidwell was backing out of a parking space at a convenience store, and there happened to be a police officer in the parking lot. A man in the doorway of the store yelled to the officer, “Hey, you need to stop that vehicle. That lady is drunk.” The officer watched as Tidwell backed slowly out of the parking space and then drove slowly toward the road. The officer noticed that Tidwell had a blank stare, and the officer was ... Read More »
New Report: Field Sobriety Testing and THC Levels Not Correlated With Marijuana Intoxication
Every state has a law which prohibits driving under the influence of marijuana. To enforce those laws, governments use roadside field sobriety tests to detect marijuana intoxication and laboratory tests to measure THC levels in blood and urine. The use of these tests is premised on the belief that performance on field sobriety tests and THC levels are correlated with marijuana intoxication. A recent study conducted for the United States Department of Justice shows that belief is wrong. Read More »
New Book Helps Drivers Charged With DUI in Ohio
Most people don’t research DUI because they don’t think it will happen to them. Until it does. When a person is charged with DUI, they suddenly find themselves in need of accurate information. They need to know what consequences they are facing, the potential defenses, and whether they can avoid a DUI conviction. They also need to know what to expect when they go to court and how to find a good DUI lawyer. A new book, the Ohio DUI/OVI ... Read More »
Coming Soon: Roadside Testing for THC
The national trend toward marijuana legalization results in more drivers with THC in their systems. Law enforcement agencies currently test for THC at a laboratory after a driver is arrested for DUI (called ‘OVI’ in Ohio). Law enforcement desires to use a device to test for THC before a driver is arrested, and the instruments used in crime labs are much too large to be used in the field. That creates a market for companies to manufacture roadside THC testers. ... Read More »
The Body Making its Own Alcohol can Result in a DUI
It may sound like an off-the-wall defense theory, but auto-brewery syndrome is real. Our bodies can produce alcohol. Alcohol (ethanol) is basically the product of fermented sugar and yeast. We ingest yeast in various foods, and at least one kind of yeast is in the human body naturally. Also present in the body is sugar, either through direct consumption or through the break-down of carbohydrates into glucose. This means the body is capable of producing alcohol. Driving with that endogenous ... Read More »
Ohio Supreme Court Clarifies ‘Marked Lanes’ Rule For DUI Cases
In DUI cases across the country, one of the most frequent reasons drivers are pulled over is for a Marked Lanes violation. Laws related to this offense vary from state-to-state. If a police officer observes a Marked Lanes violation, the officer is permitted to make a traffic stop. In Ohio, there has been confusion about what constitutes a Marked Lanes violation. That confusion was recently clarified by a case in the Ohio Supreme Court. Read More »
Third and Subsequent DUI Offenders Not Allowed To Purchase Alcohol?
Because the number of people receiving their third DUI (Driving Under the Influence) offense is growing (751 persons in 2014 and 900 expected in 2015), Tennessee lawmakers have devoted much time and effort toward reducing the number of people who violate Tennessee Driving Under the Influence laws for a third or subsequent time. One solution has come in the form of a new proposed law. Endorsed by both parties, this legislative bill would ban people convicted of a third or ... Read More »