Tag Archives: ohio dui law

Driving Is A Right – Not A Privilege!

Driving Is A Right – Not A Privilege!

driving is a rightHave you ever been told that “driving is a privilege?” Bah! This author argues that case law needs to be expanded to include “driving” as a fundamental right under the First Amendment’s Freedom of Assembly. Thus, the analysis should be under the substantive due process analysis not simply under the procedural due process analysis.

Because the human rights of freedom of movement, right to earn a living and the right to peaceably [Read the full post. . .]

What is Snow Law in Ohio?

English: Trees covered by snow in Boreal, Cali...

Let it snow!

With the return of winter weather, we have received some questions about what constitutes an emergency and under what authority an emergency can be deemed to exist.  We have also counseled clients who wanted to know what law would circumscribe their behavior during a significant weather event.  Here is what we learned:

A county sheriff may, pursuant to Ohio Revised Code sections 311.07 and 311.08, declare an emergency and temporarily close the state roads and municipal

[Read the full post. . .]

Why The ALS Suspension Is Unconstitutional

ALS SuspensionWe are often asked how the arresting officer is authorized to take a persons’ license under the ALS suspension, and whether or not this is constitutional.  The dilemma presented by Ohio DUI Law is this: If I am innocent until proven guilty, how can they punish me by immediately taking my license when I am accused of DUI?  This site takes the position that the current law is unconstitutional.  But before we jump into the argument, it is important [Read the full post. . .]

Police Do Not Need To Know Law To Enforce It – Heien v. North Carolina

Heien v. North CarolinaNo. 13–604. Argued October 6, 2014—Decided December 15, 2014 ; another case giving police more power to stop and arrest and another body blow to the Fourth Amendment.

Heien v. North Carolina

In 2009, Nicholas Heien and a friend were traveling on a highway in North Carolina when they were stopped for having a broken tail light. Subsequently, a search of the car found a plastic bag containing cocaine. Where this case takes a turn is when we learn [Read the full post. . .]

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”

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