http://ohioduilaw.net Tue, 19 Feb 2008 23:54:54 +0000 http://backend.userland.com/rss092 en In order to be used against you, a previous conviction for OVI must not be constitutionally infirm.  Previous convictions can only be used against you if you had a lawyer or validly waived your right to counsel. In State v. Brooke, 113 Ohio St.3d 199, 2007 Ohio 1533, at P8, 863 N.E.2d ... http://ohioduilaw.net/2008/02/19/use-of-prior-convictions-to-enhance-penalties-in-ovi-cases/ In Ohio, if the police destroy evidence that may be exculpatory (tending to prove the defendant's innocence), this may be the basis for a dismissal of the case. In Arizona v. Youngblood (1988), 488 U.S. 51, 109 S.Ct. 333, 102 L.Ed.2d 281, the United States Supreme Court addressed the ... http://ohioduilaw.net/2008/01/25/get-your-motion-to-preserve-evidence-filed-early/ The Fourth Amendment to the Constitution of the United States protects individuals from unreasonable searches and seizures, and states that no such searches and seizures may take place except upon probable cause. Article I, Section 14 of the Ohio Constitution contains nearly identical language to the Fourth Amendment. ... http://ohioduilaw.net/2008/01/22/sobriety-check-points/ Ohio Revised Code 4511.19 states that "(A)(1) No person shall operate any vehicle, ... if, at the time of the operation, any of the following apply: (a) The person is under the influence of alcohol, a drug of abuse, or a combination of them." This is one of the ... http://ohioduilaw.net/2008/01/22/sufficient-evidence-for-a-dui-ovi-conviction/ In a recent case before Ohio's Ninth District Court of Appeals, an OVI DUI suspect was charged with a third offense within six years of operating a vehicle while intoxicated under Section 4511.19(A)(1) of the Ohio Revised Code. Under that statute, each offense carries an increasingly serious penalty ... http://ohioduilaw.net/2008/01/21/rule-against-enhancing-dui-ovi-penalties-with-prior-uncounseled-convictions/ How to beat your DUI Charge DUI Process Manual DMV Flow of Information Guide Field Sobriety Test Secrets Personalized Email Support http://ohioduilaw.net/2008/01/20/beat-your-dui-charge/ There is a misconception among Ohio law enforcement officers that having a broken taillight is a traffic violation. They use this "violation" as an excuse to pull a driver over in the late night hours who is otherwise not driving erratically. From there, things go from bad to ... http://ohioduilaw.net/2008/01/20/reasonable-suspicion-for-a-traffic-stop-brake-light/ When the police take you back to the station after arresting you for DUI (now called OVI in Ohio), you will be asked to take a test to determine the amount of alcohol in your system. This test comes in three forms, blood, urine, or breath, and you don't ... http://ohioduilaw.net/2008/01/20/records-keeping-requirements-for-breath-testing-devices/ In October of 2000, the Ohio Supreme Court ruled in State v. Homan that the battery of tests more commonly known as Standardized Field Sobriety Tests were inherently unreliable predictors of intoxication unless they were given in strict compliance with the NHTSA guidelines. As such, the Ohio Supreme Court ... http://ohioduilaw.net/2008/01/20/the-demise-of-homan-and-the-rise-of-junk-science/ As an attorney licensed to practice law in Ohio, I often assist clients in fighting DUI (now called OVI) charges. My goal is to get as much of the evidence against my client suppressed as I can. If I leave the prosecutor with too little evidence, he may ... http://ohioduilaw.net/2008/01/20/how-an-ohio-lawyer-fights-an-ohio-dui-charge/