OVI: The Ohio State Highway Patrol will team up with law enforcement officials from Florida to Michigan along the Interstate 75 corridor for the third I-75 Challenge. The initiative begins Friday, September 26 at 12:01 a.m. and ends Sunday, September 28 at 11:59 p.m. This effort is a high visibility enforcement initiative aimed at [Read the full post. . .]
Have you ever been told that “driving is a privilege?” Bah! This author argues that the DUI 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 assemble are [Read the full post. . .]
A warrantless arrest must be supported by probable cause in order to be constitutionally valid. State v. Timson, 38 Ohio St.2d 122, 67 Ohio Op.2d 140, 311 N.E.2d 16 (1974). In order to make a finding that probable (more likely than not) cause existed the court must look at the totality of the circumstances surrounding the arrest. State v. Miller, 117 Ohio App.3d 750, 691 N.E.2d 703 (11th Dist. Court of Appeals 1997), State v. Brandenburg, 41 [Read the full post. . .]
You can expect a major increase in Ohio DUI enforcement beginning today. Operation “Drive Sober or Get Pulled Over” will put 99 law enforcement agencies on our roads with over 8,400 hours of extra enforcement that will run through Labor Day. The national Drive Sober or Get Pulled Over crackdown is a program organized by the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) and focuses on combining high-visibility enforcement with heightened public awareness through advertising and publicity. [Read the full post. . .]
DUI defense is never far from my mind. I was reminded of this last weekend watching one of my favorite movies, “My Cousin Vinny.” In the movie a novice New York attorney (Joe Pesci) heads to the deep south to defend his cousin and his friend in a high-profile murder case. He is met with a hostile judge and a pompous attorney who are hell bent on seeing the two kids put away for murder. Comedy ensues.
In the course [Read the full post. . .]