Tag Archives: ovi law

OVI Trial Practice: Admission of the Alcohol Influence Report

alcohol influence report

The Alcohol Influence Report is a document prepared by the arresting officer noting each and every indicator for alcohol impairment that they took note of in their investigation.  Most of the forms require that the officer simply check the predetermined indicator.  Not surprisingly, all the officer’s observations fall neatly into these predetermined areas. The report is a document of the officers opinions and should not be considered routine ministerial reports of a non-adversarial nature.   Clearly, letting the jury have this [Read the full post. . .]

DUI Law: What Did SCOTUS Say In Missouri v. McNeely

dui lawIf you have been following developments in DUI law, you have no doubt heard about the United States Supreme Court decision in Missouri v. McNeely, 133 S.Ct. 1552 (2013).  The case deals with when, and under what circumstances the government is required to seek a warrant prior to drawing blood from a suspected DUI offender. Below is a quote from the case which provides a reasonable (and short) analysis of the case.  If you want to read [Read the full post. . .]

Determining Probable Cause For An OVI Offense

probable causeA 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. . .]

Are DUI Laws A Sophisticated Form Of Gaslighting?

dui lawsHow does “gaslighting” relate to Ohio DUI laws?

In the 1944 film Gaslight, Ingrid Bergman’s character  Paula Alquist Anton meets and marries the charming Gregory Anton played by Charles Boyer.  The husband does everything in his power to isolate his wife from other people. He allows her neither to go out nor to have visitors, implying that he is doing so for her own good, because her nerves have been acting up, causing her to become a kleptomaniac and [Read the full post. . .]

First Offense Kettering OVI – What Is Going To Happen To Me?

Kettering OVIfirst offense Kettering OVI is defined at O.R.C. 4511.19 as a DUI with no priors within 6 years.  A first offense OVI can be charged in three ways.  The first charge is caused by testing over the legal limit of .08% B.A.C. (example O.R.C. 4511.19(A)(1)(d)).  These types of offenses are also referred to as “per se”  violations.  A second way to be charged is for violating the high-tier provision of Ohio’s OVI law.  Ohio has also created [Read the full post. . .]