Tag Archives: ohio ovi law

Driving Is A Right – Not A Privilege!

Driving Is A Right - Not A Privilege! Have 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…
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Why The ALS Suspension Is Unconstitutional

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

Heien v. North Carolina, No. 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. In 2009, Nicholas Heien and a friend were traveling on a highway in North Carolina when they were stopped for having a broken tail…
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Holiday DUI Blitz Begins December 6th

The 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…
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Ignition Interlock Bill Dies In Committee

Annie'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,…
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