Tag Archives: dui trial

Burden Shifting At A Motion To Suppress Hearing

A motion to suppress is often the most critical phase of the OVI trial process.  Procedurally, the defense attorney files a motion challenging all of the government's evidence.  Once this motion is filed the government has the burden of demonstrating the propriety of the arrest and that law enforcement substantially complied with the rules. When…
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OVI Trial Practice: Admission of the 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…
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Standardized Field Sobriety Tests: You Can’t Say That!

"The notion that an officer may testify and estimate that a person, based on his or her Horizontal Gaze Nystagmus results, will test over the statutory limit a certain percentage of the time is alarming."  This is not the opinion of an OVI defense attorney, but the opinion of the 4th District Court of Appeals…
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Liespotting (from Ted Talks)

On any given day we're lied to from 10 to 200 times, and the clues to detect those lie can be subtle and counter-intuitive. Pamela Meyer, author of Liespotting, shows the manners and "hotspots" used by those trained to recognize deception -- and she argues honesty is a value worth preserving.
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Blood, Breath & Urine Testing In Ohio: The Three Hour Rule

Help your attorney defend your case by creating a credible time-line of events. R.C. 4511.19(D) sets forth a three-hour time limitation for the collection of bodily substances for alcohol and/or drug testing.  This rule is a change from Ohio's previous law which gave the State only two hours in which to obtain a sample.  The time…
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Ohio OVI Law – a definition

Image via Wikipedia The term OVI (Operating a Vehicle while Impaired) is the latest acronym for the universally understood DUI; they mean the same thing.  Often you will find yourself charged with OVI offenses in two ways: the first is for testing over the per se limit, and the second charge for operating a vehicle…
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Dayton Sobriety Checkpoint is a Bust

Image via Wikipedia The sobriety checkpoint Friday, Oct. 30 on North Dixie Drive produced only three arrests for operating a vehicle while intoxicated.  Other citations included nine charges for driving under suspension or without a license, and 21 other violations, including traffic, seat belt and child restraint issues. The checkpoint was set up from 8 p.m. to…
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Xenia DUI Defense

Image by OZinOH via Flickr You may be thinking, I’m in trouble, I’m going to lose my license, and I may even end up in jail after my  DUI arrest in Xenia. The truth is if you are convicted of DUI (now called OVI) in Ohio, there are serious consequences according to Ohio drunk driving laws.…
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