Tag Archives: Criminal law

Drunk And Disorderly, A Definition

Drunk and Disorderly! The crime of disorderly conduct while intoxicated is a violation of O.R.C. 2917.11.  The crime of disorderly conduct is also know, and often charged, as public intoxication.  This broadly defined crime can be charged as a minor misdemeanor carrying a maximum fine of $150.00 and no jail time or as a 4th degree misdemeanor carrying a maximum punishment…
Read more

Can A Defendant Waive A Jury Trial In Ohio? (by DaytonDUI)

Controversial Jury Bill Dies In Committee Ohio is one of 21 states that give the power to decide whether or not to have a jury trial solely to the defendant.  Thus, a defendant can, at any point, decide against a jury trial and opt for a trial only to the judge.  This is often done…
Read more

Federal Court DUI

Misdemeanor drunk driving charges occurring on federal lands (such as national parks and military bases)  fall under the jurisdiction of the federal courts.  Established in 1803, the United States District Court for the Southern District of Ohio handles over 400 criminal cases a year in 48 of Ohio's 88 counties.  The court has an eastern…
Read more

Middletown OVI Checkpoint (6/22/12)

The Butler County OVI Task Force will conduct an OVI checkpoint along Ohio 122 in Middletown.  The checkpoint will be held from 10 p.m. Friday until 4 a.m. Saturday morning.  The checkpoint will be accompanied by aggressive saturation patrols. If you want to receive updated information on sobriety checkpoints,  enhanced traffic enforcement, saturation patrols and…
Read more

Dayton Criminal Defense: Making Bail

When you are arrested in Ohio, the police have the discretion to release you or to hold you in a local jail. If you are released, you are given a court date and it is your responsibility to show up at the designated time and place so that your case can proceed.  Failure to do so…
Read more

Ohio Supreme Court Rules on Adam Walsh Act

Image by Anosmia via Flickr ‘Adam Walsh’ Provision Requiring Attorney General to Reclassify Sex Offenders Violates Separation of Powers 2008-2502.  State v. Bodyke, Slip Opinion No. 2010-Ohio-2424. Huron App. Nos. H-07-040, H-07-041, and H-07-042, 2008-Ohio-6387.  Judgments of the court of appeals reversed. Lundberg Stratton, O'Connor, and Lanzinger, JJ., concur. Pfeifer, J., concurs in the syllabus…
Read more

Junk Science in Ohio DUI/OVI Cases

[caption id="attachment_26" align="alignleft" width="150" caption="Intoxilyzer 8000"][/caption] When you hear a DUI/OVI attorney decrying "junk science" that is used in court, they are most likely referring to the fact that the air blown into the breath test machine for purposes of testing cannot be the same air that is exchanged with the deep lung alveolar sacs.…
Read more

Criminal Justice System Needs Improvement

Our criminal justice system needs an overhaul says Senator Jim Webb (D) Virginia.  The bill would establish a National Criminal Justice Commission.  If passed, this would be the biggest improvement of the criminal justice system in a generation.
Read more

Criminal Justice Bill Gains Support

[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption] Crime & Legal Issues Notebook: Sen. Webb's bill to review criminal justice system gains support U.S. Sen. Jim Webb's bill to undertake a broad review of the nation's criminal justice system — on the basis that the one we have isn't working — is one step closer to…
Read more

Crime Lab Generates False DUI Reports (from www.TheNewsPaper.com)

Crime lab in Colorado Springs, Colorado inflated the blood alcohol scores in 82 alleged drunk driving cases. At least eighty-two motorists in Colorado Springs, Colorado may have been falsely accused of driving under the influence of alcohol (DUI) based on unreliable blood test results. After double-checking its own work, the city's Metro Crime Lab on…
Read more