If you tell your friends that you were arrested for punching someone in the face, their overwhelming reaction will be, “Wow, what happened?” If, however, you tell them that you were arrested for DUI, those same friends will say, “Oh, I’m so sorry.” What is the difference? When a person is facing a DUI charge, guilt is assumed. How in the world did this happen? How did our presumption of innocence, so valued in the American tradition of law, [Read the full post. . .]
When the officer has read and explained your rights prior to conducting an evidential breath test, he or she will ask you to sign a form entitled the BMV Form 2255 Notice of Administrative License Suspension. Under Ohio Revised Code 4511.192 (A) “The officer SHALL give that advice in a written form that contains the information described in division (B) of [that] section and SHALL read the advice to the person. [Read the full post. . .]
A very common observation by law enforcement in an impaired driving investigation is the presence of “slurred speech.” Experience trial counsel will look to the totality of evidence to combat the damning accusation of slurred speech.
Many traffic stops are now captured on video tape. As the quality of the recordings has improved we are often able to hear exactly what the officer is hearing. Reasonable people can disagree as to whether or not the speech on a video is [Read the full post. . .]
In possibly the best article you will ever read on portable breath testing, DUI attorneys Justin McShane and Josh Lee describe the portable breath test devises which are used by the Ohio State Highway Patrol as a “potentially dangerous, non-specific and non-selective measures at roadside.” You can find the article HERE and in the Voice for the Defense.
[Read the full post. . .]
The Problems of Fuel Cell Devices
1.1. Lack of Specificity20 for Ethanol
As PBTs are used for purportedly forensic purposes, their specificity
Several courts serve Warren County, Ohio. Frequently, we encounter questions about where a Warren County DUI case will be heard. Here is an overview of all of the Warren County, Ohio courts complete with links and other important information.
- Warren County Common Pleas Court (hearing all felony offenses in Warren County) located at 500 Justice Drive, Lebanon, Ohio 45036. The Court operates Monday through Friday, 8:00 a.m. to 4:30 p.m. and can be reached at the following telephone numbers (513)