Tag Archives: ohio dui law

Aggravated Vehicular Assault: What is Operation?

aggravated vehicular assaultIn order to convict a person of Aggravated Vehicular Assault, the State is required to prove, beyond a reasonable doubt, that, “while operating * * * a motor vehicle, * * * cause[d] serious physical harm to another person * * * [a]s the proximate result of committing a violation of division (A) of section 4511.19 of the Revised Code * * *.” R.C. 2903.08(A)(1)(a).

The Ohio Jury Instructions with respect to vehicular assault provide a definition of “operate”

[Read the full post. . .]

Holiday DUI Blitz Begins December 6th

holiday dui blitzThe Ohio State Highway Patrol announced its annual “Holiday DUI Blitz.”  The 6-State Trooper Project is a multi-state law enforcement partnership aimed at providing combined and coordinated law enforcement and security services in the areas of highway safety, criminal patrol and intelligence sharing.

The holiday dui  initiative will take place from Friday, December 5 at 12:01 a.m. through Sunday, December 7 at 11:59 p.m. This high-visibility enforcement effort will include the Indiana State Police, Kentucky State Police, Michigan [Read the full post. . .]

Ignition Interlock Bill Dies In Committee

ignition interlockAnnie’s Law (H.B. 469) a bill that would have required all first-time OVI offenders to install an ignition interlock device in their vehicles has failed to garner enough votes to make it out of committee.  The bill, in its proposed form would have required a driver to blow into the the device to start the car, which would prevent the engine from starting if too much alcohol was detected on his or her breath.

The bill faced opposition from the [Read the full post. . .]

Ohio DUI Law: Is Smell of Marijuana Sufficient?

Marijuana Is the odor of enough to justify a police search or arrest and can an officer make a valid determination based on just a smell?

marijuanaA peer-reviewed journal article, entitled “Marijuana Odor Perception: Studies Modeled From Probable Cause Cases”, published in Law and Human Behavior, (Vol. 28, No. 2, April 2004) explains that “The present findings throw into question, in two specific instances, the validity of observations made by law enforcement officers using the sense of smell to discern [Read the full post. . .]

Affirmative Defenses for Prescription Drug OVI Charges in Ohio

prescription drug OVIDid you get a prescription drug OVI?  Do you have a valid prescription?

Ohio and the Ohio State Highway Patrol have made enforcement of DUI laws against illegal and prescription drugs a priority.  Throughout the state, this means that you now face arrest if you are taking many common prescription medications.  Given that upwards of 70% of Americans are taking a prescription medication, you need to know your rights.

Ohio provides an affirmative defense to an impaired driving [Read the full post. . .]