Tag Archives: ovi defense

Top 10 Defenses to an Ohio OVI

When people need an Ohio OVI Attorney, the biggest challenge is knowing whether or not an attorney truly has the skills, knowledge, training, tools, resources, and strategies that are needed to successfully resolve and win drunk driving cases. Countless attorneys handle impaired driving cases,  but only a very small percentage have the skills, knowledge, training,…
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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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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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DUI Defense In “My Cousin Vinny”

DUI defense is never far from my mind.  I was reminded of this last weekend watching one of my favorite movies, "My Cousin Vinny." In the movie a novice New York attorney (Joe Pesci) heads to the deep south to defend his cousin and his friend in a high-profile murder case.  He is met with…
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Tell Your Ohio OVI Attorney That You Are ADD/ADHD

If you are afflicted with adult ADD/ADHD make sure to raise the issue with your OVI Attorney. To be diagnosed with ADD/ADHD, a person has to demonstrate an inability to complete divided-attention testing.  In 2009, the Centers for Disease Control reported that 9.5 percent of children in the United States had ADHD, up from the previous survey. …
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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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DUI Science: Pharmacokinetics and Pharmacodynamics

Pharmacokinetics and Pharmacodynamics Defending a DUI (now called OVI in Ohio) requires an attorney to understand how the body reacts to the impairing substance (pharmacokinetics) and how the brain is affected by the substance (pharmacodynamics).  Pharmacokinetics explains the absorption, distribution and elimination of the drug.  Pharmacodynamics includes the action of the drug on the brain,…
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Marked Lane Violation Overturned By Third District Court of Appeals

State v. Shaffer, 2013-Ohio-3581 Overturns Marked Lane Violation In a decision that will impact many OVI cases, the Third District Court of Appeals ruled that a trooper did not have a “reasonable, articulable” suspicion to stop a Paulding County woman for a marked lanes violation. O.R.C. 4511.33.   Accordingly, her convictions for reckless operation and failure…
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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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Ohio OVI Law: Impairment by Drugs

Ohio is making the transition to using the Drug Recognition Expert protocol in apprehending and prosecuting impaired drivers.   DRE refers not only to the officers themselves, but to the 12-step procedure that these officers use. DRE was developed by police officers from the Los Angeles (California) Police Department. In 1979, the Drug Recognition program received the official recognition…
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