If you were hoping that the Ohio Supreme Court would curtail a city’s ability to implement policing for profit, you would be disappointed. Last week, in Walker v. Toledo, Slip Opinion No. 2014-Ohio-5461, a divided Supreme Court ruled that cities in Ohio have complete freedom to set up tribunals that do away with due process protections for motorists accused by a machine.
The majority opinion, written by Justice Kennedy held specifically that,
[Read the full post. . .]
Municipalities have home-rule authority under Ohio
Did 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. . .]
What is the Horizontal Gaze Nystagmus Test?
Alcohol is a central nervous system depressant affecting many of the higher as well as lower motor control systems of the body. This results in poor motor coordination, sluggish reflexes, and emotional instability. The part of the nervous system that fine-tunes and controls hand movements and body posture also controls eye movements. When intoxicated, a person’s nervous system will display a breakdown in the smooth and accurate control of eye movements. This breakdown [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. . .]
You may think that any person who takes an OVI breath test and blows above Ohio’s .08 legal limit is guilty of OVI. This is not the case.
Ohio employs a device called the Intoxilyzer 8000. This device has many problems in its operation. In fact, after a lengthy hearing on the Intoxilyzer 8000, a judge in Marietta ruled that the machine was not reliable [Story HERE]. Prosecutors hide behind a 1984 Ohio Supreme Court decision that said because [Read the full post. . .]