Breathalyzers over the years have been the determining factor in DUI cases in Ohio. Even thought they are treated as the best solid evidence, they are often defective and fallacious. Breathalyzer evidence of guilt continues to be admitted as conclusive. For over 30 years, in Ohio, the Breathalyzer results could not be challenged as legislature [...]
It's more common than you think: False positive drug tests - whether you are taking one for a job acceptance, if you are pulled over by law enforcement as being suspected of driving under the influence, or when you are serving probation and must be tested as a condition and if a positive result it would be [...]
Many of us drink socially and all of us can find ourselves facing a DUI charge. Unfortunately, Ohio has some of the strictest drunk driving laws in the country. First time offenders can face 180 days in jail , $1000 in fees, loss of driver's license for up to three years and enhanced penalties for [...]
People commit crimes. Many times the offender is under the influence of drugs, alcohol or has a substance addiction problem that contributes to their behavior, in which case the medical condition should be documented and taken into account if a legal issue should arise. When drugs are used, there is documented physical, psychological and mood [...]
If you are pulled over by law enforcement, the best thing for you to know that it is completely normal to feel confused about your rights and what you should do. As a criminal defense attorney in Ohio, I have seen my fair share of people innocently get themselves in trouble because they didn't know [...]
The first thing that I do when someone calls me or comes into my office regarding a DUI/OVI/DWI, is ask what happened. I get the facts beginning with the initial stop when pulled over by law enforcement. Where it was, any search that was performed, any testing taken, and any and all conversation that took [...]
OVI / DUI / DWI Checkpoints are usually published a week before that they will happen, but only as a very general announcement. The morning of the checkpoint, the exact location and time is then reported by law enforcement. The guidelines, as per a 1990 US Supreme Court Ruling state that a sobriety checkpoint must [...]
There is a “zero tolerance” policy in Ohio for operating vehicle if you are under the age of 21 and you have consumed alcohol. Basically, you can be arrested if law enforcement is to find any alcohol in your system while driving. The legal BAC limit for juveniles is much lower than for anyone legally [...]
Mistakes are often made by law enforcement. If you are pulled over, it is best to remember the following as it can only help in a DUI/OVI/DWI offense. Law enforcement can’t gamble on a random phone call to pull you over unless he has the name and address of the person calling. You can’t be [...]
Being pulled over in for a DUI /OVI is beyond upsetting. The flashing lights behind you, the investigation on the side of the road and then the search for your registration and insurance information. Then, if asked, some people get out of the car to perform a field sobriety test on the side of the [...]