Ohio DUI Law News Update Nov 29

Troopers Hope To Grab Inebriated Drivers
North Central Ohio - Mansfield,OH,USA
The toll-free number to call from anywhere in Ohio is 1-800-GRAB-DUI. Call that number if you see anyone driving erratically or if you observe something …

DUI CHARGES(7)
Beaver County Times - Beaver,PA,USA
Simeon Howard, 28, of Austintown Township, Ohio, around 3:35 am Nov. 2 on the Beaver Valley Expressway in Brighton Township. …

Ohio Valley Man Facing Malicious Assault On A Police Officer
WTRF - Wheeling,WV,USA
He’s charged with DUI, fleeing and malicious assault on a police officer. He’s being held today in the Northern Regional Jail.

MADD scores state low in DUI report
Peoria Journal Star - Peoria,IL,USA
Among the other states that provided data on repeat DUI offenders, Texas, Alabama, Tennessee, Ohio, California, Florida all had more repeat offenders than …

Indictments returned in Putnam County
Huntington Herald Dispatch - Huntington,WV,USA
John W. Ruby, 3 Jefferson Road, Hurricane, W.Va., driving on a revoked license-DUI related-third offense. Jonathan T. Simpson, 1142 Grandview Drive, …

Ohio DUI OVI Law News Update Nov 27

Akron, Ohio - Holiday Drivers Beware
By admin
The Akron Police Department Traffic Division will be out in force this holiday weekend. Officers will be targeting impaired drivers and those individuals that are not wearing seat belts. Safety experts continually remind us that drunk …
Driving Laws, DUI and Crime on the Road - http://blog.drivinglaws.org/

Judges fear effect of alcohol tester
Columbus Dispatch - Columbus,OH,USA
“We are encouraged by the use of one standard machine throughout the state of Ohio,” said Carl R. Booth, coordinator of the Franklin County DUI Task Force, …

DUI devices’ accuracy questioned
By admin
John Carey, a Jackson County Republican, is concerned the Ohio Controlling Board acted too hastily after he learned from reports in The Plain Dealer this week that several states have dismissed or delayed thousands of drunken-driving …
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Ohio DUI OVI Law News Update Nov 26

OVI Holiday Checkpoint Planned For Montgomery Co.
WHIOtv.com - Dayton,OH,USA
Deputies will the Montgomery County Sheriff’s office, the Ohio Highway Patrol and the OVI Task Force announced they will set up an OVI checkpoint. …

Sandusky County sheriff’s office
Fremont News Messenger - Fremont,OH,USA
… illegal license plates, OVI refusal, speeding and obstructing official business, Sunday. At 2:13 am Sunday in the 100 block of South Ohio Avenue, …

Goshen trustees hire records specialist
SalemNews.net - Salem,OH,USA
The trustees also approved the contracts for the Safe Communities and OVI Task Force programs and their participating local law enforcement agencies, …

Ohio DUI OVI Law News Update Nov 25

South Euclid: Police will increase DUI patrols over Thanksgiving …
The Plain Dealer - cleveland.com - Cleveland,OH,USA
Driving with a blood alcohol level of .08 or higher is illegal in Ohio. South Euclid police, in a release, stated its goal is to discourage people from …

Man sentenced after hitting two bicyclists
Dayton Daily News - Dayton,OH,USA
Hein imposed the five years and a lifetime license suspension for aggravated vehicular homicide and six months for DUI, to be served at the same time. …

Endangering, DUI alleged on Dad
Cincinnati.com - Cincinnati,OH,USA
During a traffic stop, a blood alcohol test revealed Trice registered 0.16, twice Ohio’s legal limit, according to Assistant Hamilton County Prosecutor Mark …
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Ohio DUI OVI Law News

Funding doubles for OVI task force
Ashtabula Star-Beacon - Ashtabula,OH,USA
The Ohio State Highway Patrol came on board with the shared goal of reducing alcohol-related crashes and fatalities. Dibble said the response has been truly …

One Dead in Preston County Crash
WDTV - Bridgeport,WV,USA
Williams was later arrested and charged with DUI with felony death as a result of the accident. The Preston County Sheriff’s Department is investigating.

Ribbon Shows Public Support for Holiday Enforcement and MADD’s …
MarketWatch - USA
This November also marks the second anniversary of MADD’s Campaign to Eliminate Drunk Driving, which makes increased high- visibility law enforcement a …

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Firefighter’s desk duty for DUI adds to overtime
Columbus Dispatch - Columbus,OH,USA
Mankins resigned his post on Ohio’s Emergency Medical Services Board 10 days after his arrest. He received a one-day suspension from Worthington. …

Louisville man guilty in fatal 2005 crash
Canton Repository (subscription) - Canton,OH,USA
The jury convicted Jacobs, a former first base coach for the Washington Wild Things of the Frontier League, of DUI and homicide by vehicle in the death of …

DUI Test: Ohio Lawmaker Questions $6.4m Breath Test Purchase
CLEVELAND, OH - The Ohio Senate Finance Chairman wants the state to reconsider its $6.4 million purchase of drunken driving test machines.
WOIO - NEWS - http://www.woio.com/global/category.asp?c=4397

Senator wants to rethink purchase DUI-test devices may be …
John Carey, a Jackson County Republican, is concerned the Ohio Controlling Board acted too hastily after he learned from reports in The Plain Dealer this week that several states have dismissed or delayed thousands of drunken-driving …
The Cleveland Plain Dealer, News - http://www.audio-newsstand.com/

4 more Ohio officials punished in ‘Joe’ data search - Toledo Blade
COLUMBUS - Four more high-ranking employees of the Ohio Department of Job and Family Services were punished yesterday for their roles in searching Joe the Plumber’s background. Gov. Ted Strickland previously disciplined the agency’s …
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OHIO DUI News Update

WV Troopers Allege Ticket Quotas
WSAZ-TV - Huntington,WV,USA
Just like they publish the traffic stops for the DUI and such. Just some thoughts… I’m sorry but it kills me when every state police agency in the country …

Hilliard councilman to fight DUI charge
Trading Markets (press release) - Los Angeles,CA,USA
Copyright (c) 2008, The Columbus Dispatch, Ohio Distributed by McClatchy-Tribune Information Services. For reprints, email tmsreprints@permissionsgroup.com, …
Police stopped Dan Nichter, 48, at 2:04 a.m. at the intersection of Main Street and Scioto-Darby Road in Hilliard because he made an improper turn and was driving slowly, according to the police report. The arresting officer reported the smell of alcohol and that Nichter failed a field sobriety test. Nichter refused a breath test. His license was taken and suspended. He was released on a summons.

Ohio Ponders Purchase Of Breathalyzer Machines
10TV - Columbus,OH,USA
“We have the ability now to provide us with the latest technology and a uniform set of machines and standards, if you will, for OVI enforcement across the …

Oak Hill man gets sixth lifetime OVI offense
Jackson Times Journal - Jackson,OH,USA
By FELICIA TACKETT JACKSON- Troopers from the Jackson Post of the Ohio State Highway Patrol recently arrested an Oak Hill man for his sixth lifetime OVI …

Police calls: Hydraulic unit lifted from Lumbermans
Mansfield News Journal - Mansfield,OH,USA
500 block of North Trimble Road, Mansfield — A 57-year-old man was cited for OVI and issued a summons for possession of drug paraphernalia during a traffic …

Off-duty cop charged with driving drunk
Canton Repository (subscription) - Canton,OH,USA
… who just handled an OVI arrest at the Perry Township police station, handled the call for his department. Lt. Eric Sheppard, commander of the Ohio …

Ohio DUI Law - Refusal to Test?

In some cases, an issue arises as to whether or not a person actually refused to test. This would seem a straightforward question, but not always. Take the following example:

You are driving home from watching a football game at a friends house and a deer jumps out in front of your car. You swerve to avoid it and your car goes off the road. It rolls a few times, and during the process you hit your head on something pretty hard.

The next thing your remember, you are waking up in the hospital a day later. You learn that the police have charged you with drunk driving, and for refusing to consent to alcohol testing. In the police report, it says that the officer came in and asked you to take the test and that you said no. They marked you down as refusing and now your license is under suspension for a full year.

You can remember none of this.

You will want to challenge your suspension at an ALS hearing and argue that when you “refused” the test, you had no capacity to make such a decision given the way that your head injury affected you. It will be a question of fact for the court to decide, but if you can provide medical records as well that show that you had a concussion, your attorney may be able to get the refusal thrown out and your license reinstated.

Ohio DUI Law - Refusal to Take a Portable Breath Test

Most people are aware that there are penalties for refusing to take the alcohol test back at the station. But the police often pull out a hand held device called a Portable Breath Test (also known as a PBT) and ask that you take it. They will tell you that if it shows that you have not been drinking they will let you go. But they might not even if you pass, suspecting you of being under the influence of some drug other than alcohol.

The question is whether the read out of the PBT at the scene of the stop can come into evidence, either to establish probable cause or to establish guilt at trial. Ohio’s Eight District Court of Appeals has held that:

As the Third Appellate District explained, “the results of the PBT are inadmissible because the Ohio Department of Health no longer recognizes the test. Therefore, the results of the … PBT could not serve as probable cause to arrest the appellant for driving under the influence of alcohol.” State v. Ferguson, Defiance App. No. 4-01-34, 2002 Ohio 1763. See also State v. Anez (2000), 108 Ohio Misc. 2d 18, 738 N.E.2d 491.

So not only is there no penalty for refusing this test, but it isn’t even admissible into evidence. So taking it or not isn’t going to effect you negatively, and it might cause the officer to let you go.

Ohio DUI Law - Boilerplate Motion Alert

Ohio’s Twelfth District Court of Appeals has held that when a defendant files a “boilerplate” suppression motion (meaning one that lists all objections in general terms rather than in specifics dependent upon the facts of the particular case), then the burden of the state of Ohio to show substantial compliance becomes “slight.”

There are two reasons why defense attorneys file boilerplate motions to suppress. First, the boilerplate motion contains every possible argument such that the defense attorney is assured that he is not leaving anything out. Secondly, attorneys know that cops lie, and if you file a motion specific enough that they can figure out what the issue is, they will lie their way around it. But if you file a generalized boilerplate motion, the cops won’t know how to lie.

But the Twelfth District, in its “search for the truth” wants to make sure that the cops know exactly what the attorney is arguing long before they have to get on the stand.

So if your attorney is filing a motion to suppress in your case, ask him if his motion is boilerplate or contains specifics tailored to the facts of your case, and cite the case of State v. Deutsch, 2008 Ohio App. LEXIS 4764 (November 3, 2008), Warren Co. App. No. CA2008-03-035 unreported, to his attention.

Ohio DUI Law: Required 20 Minutes and Mouth Alcohol

The Ohio Director of Health has mandated that the police observe you for 20 minutes before having you take a breath test. The reason for this is what is known as “mouth alcohol”. When you drink, some alcohol may remain in your mouth. This alcohol is pure and undiluted by your blood stream. As you blow into the breath test machine, traces of this undiluted alcohol may get into the machine and be tested along with the breath from your lungs. This will cause the reading to be abnormally high.

The Ohio Director of Health has determined that 20 minutes is sufficient to allow any mouth alcohol to dissipate and not affect the test. So if you were pulled over at 1:00 a.m. and tested at 1:17 a.m., then that test is likely going to be thrown out on your attorney’s motion to suppress since there is no way that you could have been observed for 20 minutes.

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