Tag Archives: ohio dui law

Driving Is A Right – Not A Privilege!

Driving Is A Right - Not A Privilege! Have you ever been told that "driving is a privilege?" Bah! This author argues that case law needs to be expanded to include “driving” as a fundamental right under the First Amendment’s Freedom of Assembly. Thus, the analysis should be under the substantive due process analysis not…
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What is Snow Law in Ohio?

Let it snow! With the return of winter weather, we have received some questions about what constitutes an emergency and under what authority an emergency can be deemed to exist.  We have also counseled clients who wanted to know what law would circumscribe their behavior during a significant weather event.  Here is what we learned: A…
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Why The ALS Suspension Is Unconstitutional

We are often asked how the arresting officer is authorized to take a persons' license under the ALS suspension, and whether or not this is constitutional.  The dilemma presented by Ohio DUI Law is this: If I am innocent until proven guilty, how can they punish me by immediately taking my license when I am…
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Police Do Not Need To Know Law To Enforce It – Heien v. North Carolina

Heien v. North Carolina, No. 13–604. Argued October 6, 2014—Decided December 15, 2014 ; another case giving police more power to stop and arrest and another body blow to the Fourth Amendment. In 2009, Nicholas Heien and a friend were traveling on a highway in North Carolina when they were stopped for having a broken tail…
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Aggravated Vehicular Assault: What is Operation?

In order to convict a person of Aggravated Vehicular Assault, the State is required to prove, beyond a reasonable doubt, that, “while operating * * * a motor vehicle, * * * cause[d] serious physical harm to another person * * * [a]s the proximate result of committing a violation of division (A) of section 4511.19…
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Holiday DUI Blitz Begins December 6th

The Ohio State Highway Patrol announced its annual "Holiday DUI Blitz."  The 6-State Trooper Project is a multi-state law enforcement partnership aimed at providing combined and coordinated law enforcement and security services in the areas of highway safety, criminal patrol and intelligence sharing. The holiday dui  initiative will take place from Friday, December 5 at…
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Ignition Interlock Bill Dies In Committee

Annie's Law (H.B. 469) a bill that would have required all first-time OVI offenders to install an ignition interlock device in their vehicles has failed to garner enough votes to make it out of committee.  The bill, in its proposed form would have required a driver to blow into the the device to start the car,…
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Ohio DUI Law: Is Smell of Marijuana Sufficient?

Marijuana Is the odor of enough to justify a police search or arrest and can an officer make a valid determination based on just a smell? A peer-reviewed journal article, entitled “Marijuana Odor Perception: Studies Modeled From Probable Cause Cases”, published in Law and Human Behavior, (Vol. 28, No. 2, April 2004) explains that “The…
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Affirmative Defenses for Prescription Drug OVI Charges in Ohio

Did you get a prescription drug OVI?  Do you have a valid prescription? Ohio and the Ohio State Highway Patrol have made enforcement of DUI laws against illegal and prescription drugs a priority.  Throughout the state, this means that you now face arrest if you are taking many common prescription medications.  Given that upwards of…
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Ohio DUI Attorney Charles Rowland

If you are in need of an Ohio DUI attorney, consider Charles M. Rowland II.  Charles served as the Xenia City Prosecutor.  In that capacity he has prosecuted DUI offenses.  This experience gives him unique insight into how prosecutors will approach your case.  Ohio DUI Attorney Charles Rowland has served as a “Special Prosecutor” on…
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