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. . .]
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. . .]
To be diagnosed with ADD/ADHD, a person has to demonstrate an inability to complete divided-attention testing. In 2009, the Centers for Disease Control reported that 9.5 percent of children in the United States had ADHD, up from the previous survey. The trend has not gone unnoticed amongst the insurance industry who reported at the 162 annual meeting of theAmerican [Read the full post. . .]
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. . .]
Defending a DUI (now called OVI in Ohio) requires an attorney to understand how the body reacts to the impairing substance (pharmacokinetics) and how the brain is affected by the substance (pharmacodynamics). Pharmacokinetics explains the absorption, distribution and elimination of the drug. Pharmacodynamics includes the action of the drug on the brain, pharmacologic effects and toxicity. [Holford, N., Chapter 3: Pharmacokinetics and Pharmacodynamics: Rational Dosing and the Time Course of Drug Action, in [Read the full post. . .]