Tag Archives: dui laws

Are DUI Laws A Sophisticated Form Of Gaslighting?

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

If 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.…
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Determining Probable Cause For An OVI Offense

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…
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Laser DUI Detectors Being Developed

Laser DUI detectors are on the way! Imagine driving down the street and having a police laser passively check your car for alcohol vapors.  According to the Huffington Post, scientists at the Military University of Technology in Warsaw, successfully tested the device by aiming its laser at a car passing by at a distance of…
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Are You Fat? Old? A Woman? Then The DUI Laws Are Biased Against You

Did you know that the DUI laws are inherently biased against most of us? Alcohol loves water and will move into spaces where water is the most prevalent.  Fatty portions of the body have a low water content and absorb little of the alcohol, while muscular portions of the body have a high water content…
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Ohio Supreme Court Rules on DUI Motion To Suppress Issue

The Ohio Supreme Court ruled on a DUI Motion to Suppress issue in State v. Codeluppi, 2012-Ohio-5812. In August of 2011, Officer Ryan M. Young of the North Ridgeville Police Department stopped Ms. Codeluppi on Lorain Road for driving 53 m.p.h. in a 35 m.p.h. zone.  When Officer Young walked to the driver’s window of Ms.…
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Ohio DUI Attorney: Is It A Just World?

As an Ohio DUI attorney, I often observe a bias that people carry toward those accused of drunk driving.  Psychologists call this phenomena the "Just World Hypothesis." The belief that people get what they deserve and deserve what they get, which was first theorized by Melvin Lerner in 1977.  Lerner, M.J. & Miller, D.T. (1977). Just-world…
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Community Control (Probation) in an OVI Case

If you are charged with a DUI (now called OVI; operating a vehicle impaired) chances are you will be placed on probation at the disposition of your case. Probation is now called "community control" and provides for terms and conditions you must comply with in order not to go to jail.  Probation requires you to work with a…
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Motorcycle DUI – NHTSA Targets Motorcyclists for DUI Enforcement

NHTSA Devotes Time And Dollars To Study Motorcycle DUI It is summer time and the perfect time to get out on the road.  If you ride a motorcycle, you may notice that law enforcement is paying you a a lot of attention. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists involved in fatal…
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Darke County OVI Checkpoint (May 23, 2013)

The Ohio State Highway Patrol, announced today that an OVI checkpoint will be held from 6-8 p.m. tonight on US127, in Darke County. If you want to receive updated information on OVI checkpoints,  enhanced traffic enforcement, saturation patrols and other important developments that affect you, sign up for text alerts on the main page of this blog.…
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