In almost every DUI I have encountered, the arresting officer has indicated that the alleged drunk driver had “bloodshot” or “glassy” eyes. We challenge the officer by pointing out that he has never seen the defendant before and has no idea whether or not the defendant was engaging in activity that would logically cause bloodshot eyes (fatigue, being in a smoky environment, etc.). This would usually end cross-examination on this issue and the officer would be able to establish an [Read the full post. . .]
Aggravated Vehicular Homicide, O.R.C. 2903.06, is a crime that results from the death of another caused by the defendant’s operating a vehicle while impaired (a violation of R.C. 4511.19) or while driving negligently or recklessly. The statute encompasses driving an automobile recklessly or negligently (called Vehicular homicide) whether or not alcohol played a part in the death. Often, defendants are indicted for multiple counts, with additional counts for each victim of the accident.
Under the reckless section of the [Read the full post. . .]
As we have long warned in this blog, MADD and its allies in government are working hard to implement harsh measures that will test every person who gets into a car without their consent for alcohol impairment. Yesterday, the National Transportation Safety Board has officially urged every state to “require all convicted drunken drivers, including first-time offenders, to use devices that prevent them from starting a car’s engine if their breath tests positive for small (non-impairing) levels of alcohol.” This [Read the full post. . .]
State v. Dixon, 2007-Ohio-5189 (Ohio Ct. App. 12th Dist. Clermont County 2007).
More and more, we are seeing law enforcement officers arrest drivers on suspicion of operating a vehicle under the influence of marijuana. Often, an officer will request a urine test for marijuana after a defendant has blown substantially under the per se alcohol limit on a breath test machine. This raises questions about the proper determination of probable cause. If, for example, no alcohol was suspected how [Read the full post. . .]
The National Highway Transportation Safety Administration (NHTSA) has developed a guide specific to motorcycle operators. The basis of this motorcycle guide are based on a 1993 study, The Detection of DWI Motorcyclists, DOT HS 807 839, March 1993; Jack W. Stuster, Anacapa Sciences Inc., wherein police reports were used to identify “cues” of impaired drivers. Over 100 “cues” were narrowed down to 14. NHTSA lables 7 of [Read the full post. . .]