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Tag Archives: Ohio Driving Under the Influence

Sentencing for Fatal DUI Crashes

ABC News reported that former Americna Idol star Caleb Andrew Kennedy was charged with DUI resulting in death.  At age 17, Kennedy faces up to 25 years in prison if convicted of the charge.  Kennedy’s crash occurred in South Carolina.  What penalties would a driver face if charged with an equivalent offense in Ohio? Read More »

Infrastructure Bill and Impaired Driving Detection

State and federal governments have implemented various methods to combat impaired driving in the United States.  One approach was creating DUI per se laws which made it illegal to operate a vehicle with a blood alcohol concentration of .10 or higher.  That ‘per se limit’ was later lowered to .08.  Other methods have included sobriety checkpoints, saturation patrols, and public relations campaigns.  The newest strategy, included in the federal 2021 Infrastructure Bill, is to install impaired driving detection systems in ... Read More »

NEW YEAR’S EVE AND DUI/OVI ENFORCEMENT

It’s New Year’s Eve.  Some call it ‘amateur night’ because people who do not drink alcohol regularly will be drinking tonight.  And some of them will be driving afterward.  If you can avoid driving tonight, you should.  If you can’t avoid driving tonight, it is definitely a time to be extra careful.  You should be cautious about the other drivers on the road, and you should be responsible about your own condition.  You should also be aware that law enforcement ... Read More »

Accident Reconstruction Evidence in Ohio

Accident reconstruction evidence was the subject of a recent appellate case in Ohio.  Everyone has heard of accident reconstruction, but most people do not know much about it.  This raises the question of whether accident reconstruction evidence involves ‘expert testimony’.  That question was answered by the Ohio appellate court in State v. Davis.  That case illustrates the significance of the ‘expert testimony’ label and contains important lessons for Ohio attorneys who handle cases of OVI, Vehicular Assault, and Vehicular Homicide. Read More »

New Case May Pave Way for Changes to Ohio Drugged Driving Law

Ohio law prohibits operating a vehicle with prohibited levels of drug metabolites in one’s blood or urine.  The law is inconsistent with science, but attacks on the law’s validity have been unsuccessful.  A new case from the Ohio Supreme Court on the issue of drug metabolites hints that the Court may be open to examining the validity of Ohio’s drugged driving law. Read More »