Tag Archives: ohio ovi lawyer

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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Ohio OVI Enforcement Statistics Year-To-Date

The Ohio State Highway Patrol has released year-to-date statistics on its Ohio OVI Enforcement.  2014 saw 2,100 arrests for OVI.  There was an increase in 2015 to 2,367 arrests.  Greene County saw arrests jump from 25 in 2014 to 47 this year. Montgomery County jumped from 58 arrests in 2014 to 72 this year. In…
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Policing For Profit Approved By Ohio Supreme Court

If you were hoping that the Ohio Supreme Court would curtail a city's ability to implement policing for profit, you would be disappointed.  Last week, in Walker v. Toledo, Slip Opinion No. 2014-Ohio-5461, a divided Supreme Court ruled that cities in Ohio have complete freedom to set up tribunals that do away with due process protections…
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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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What Is A Horizontal Gaze Nystagmus Test?

What is the Horizontal Gaze Nystagmus Test? Alcohol is a central nervous system depressant affecting many of the higher as well as lower motor control systems of the body. This results in poor motor coordination, sluggish reflexes, and emotional instability. The part of the nervous system that fine-tunes and controls hand movements and body posture…
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Ohio DUI Crackdown Begins Today!

You can expect a major increase in Ohio DUI enforcement beginning today.  Operation "Drive Sober or Get Pulled Over" will put 99 law enforcement agencies on our roads with over 8,400 hours of extra enforcement that will run through Labor Day.  The national Drive Sober or Get Pulled Over crackdown is a program organized by…
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The Ohio OVI Breath Test – How To Fight And Win

You may think that any person who takes an OVI breath test and blows above Ohio's .08 legal limit is guilty of OVI.  This is not the case. Ohio employs a device called the Intoxilyzer 8000.  This device has many problems in its operation.  In fact, after a lengthy hearing on the Intoxilyzer 8000, a…
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How Do I Find A Good OVI Attorney?

I offer this common-sense guide to helping you find the right OVI attorney because I believe that with a good game plan and realistic expectations you can win your case.   Since the inception of my practice I have provided the accused drunk driver with access to information about Ohio’s toughdrunk driving laws.  I believe that…
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An Explanation of Ohio’s Proposed “Annie’s Law”

Here is an explanation of Ohio's proposed "Annie's Law" from Dayton's Fox 45.  If passed, the lawwould require first time OVI offenders to blow into an ignition interlock device before they start their car. Right now Ohio law only requires drivers with multiple OVI's to have an ignition interlock device.  "For the first time it's…
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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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