Tag Archives: ohio ovi lawyer

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. . .]

Ohio OVI Enforcement Statistics Year-To-Date

The Ohio State Highway Patrol has released year-to-date statistics on its Ohio OVI Enforcement.  2014 saw 2,100 arrests for OVI.  There was an increase in 2015 to 2,367 arrests.  Greene County saw arrests jump from 25 in 2014 to 47 this year. Montgomery County jumped from 58 arrests in 2014 to 72 this year. In Clark County the OSP arrested 26 people by this time in 2014 and 32 so far this year.

2015 looks like a bad year [Read the full post. . .]

Policing For Profit Approved By Ohio Supreme Court

policing for profitIf 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,

Municipalities have home-rule authority under Ohio

[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. . .]

What Is A Horizontal Gaze Nystagmus Test?

What is the Horizontal Gaze Nystagmus Test?

Horizontal Gaze Nystagmus TestAlcohol 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. . .]