Prosecuting Attorney Not Required to Prove Date In DUI Trial

Stylized arrest.
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State v. McFeely, 3/30/2009, 2009-Ohio-1436, 11th District Court of Appeals:  Every prosecuting attorney is taught that they must prove each and every element of the offense including venue, jurisdiction, identification, date and time.

Well, maybe not.  The Eleventh Dist. Court of Appeals recently held (in a DUI case of course) that date was not an essential element of the offense.  The big deal here is that date has always been considered an element of the offense and not just a procedural bugaboo.  Holding police and prosecutors to the highest standards makes for better police work, better trials and ultimately more respect for the judicial system.

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