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DUI Law

Due Process for Traffic Offenders (from the National Motorists Association)

By James Baxter, NMA PresidentThere’s a random pattern around the country where state and local courts are systematically making it harder and more expensive for ticket recipients to fight traffic tickets.This is an admission by the judiciary and state and local governments that there is growing public resistance to being ripped off via bad laws, unethical enforcement, and revenue hungry courts.Defendants are growing in numbers, they are coming to court better prepared to defend themselves, the police are being found lacking in knowledge and compliance with mandated procedures, ignorant arbitrary judges are being exposed, and pro-se defendants are mucking up...

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Ticketed for Sounding TOO Fast!

Image by myfear via FlickrOhio Court of Appeals rules that a police officer cannot issue a speeding ticket because a car sounds fast.The Ohio Court of Appeals on Monday ruled that a motorist cannot be convicted of speeding based solely on how fast his car may have sounded. On October 18, 2007, Patrolman Ken Roth ticketed Daniel Freitag in the village of West Salem as Freitag was driving with his wife Jane on US Route 42. Roth claimed his radar unit clocked Freitag at 42 MPH in a 35 zone. Roth also claimed he could hear Freitag's 2006 Lincoln...

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Rowland on Drug & Alcohol Board

[caption id="" align="alignright" width="177" caption="Image via Wikipedia"][/caption]Charles M. Rowland II is proud to announce that he is re-joining the board of directors of TCN-BHS, Greene County's ODH-approved provider of mental health and drug/alcohol counseling.  "This is an association I treasure and I am returning because I believe that there is much good work to do," said Rowland.  TCN Behavioral Health Services is a contract agency of the Mental Health and Recovery Board of Clark, Greene and Madison Counties.  TCN-BHS maintains a 24 hour CRISIS LINE 1-877-695-6333 and has Greene County offices at 452 West Market St. in Xenia and at...

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Ohio DUI Law: Geneva v. Fende (reasonable articulable suspicion, probable cause)

Geneva v. Fende, 2009-Ohio-6380, 2009-A-0023 (OHCA11)Criminal Appeal from the Ashtabula County Court, Western Division, Case No. 2008 TRC 2112. Lauren A. Gardner, City of Geneva Law Director, For Plaintiff-Appellant. Daniel J. Kolick and Michael T. Schroth, Kolick & Kondzer, For Defendant-Appellee. OPINIONCYNTHIA WESTCOTT RICE, J.{¶1} Appellant, the city of Geneva, appeals the judgment of the Ashtabula County Court, Western Division, granting appellee Nicole M.Fende's motion to suppress. At issue is whether police had reasonable suspicion to subject her to an investigative stop. Because we hold appellee's stop was not warranted, we affirm.{¶2} Appellee was charged in the trial court with operating a motor...

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Breath Testing: What an “INVALID SAMPLE” reading means on a BAC DataMaster

“INVALID SAMPLE” WHAT IT IS AND WHAT IT IS NOT “I was standing by the machine.  It beeped and the officer told me to blow.  I blew and blew.  The officer got really mad and told me that I was messing with the machine.  He said I had to do it again.  The next time I blew again…really hard.  He told me that I was being difficult and told me that he was going to say I was refusing to take the test.  This was horrible.”-Client Testimonial-WHAT AN INVALID SAMPLE IS NOTAfter hearing a story like the one above, the client hands you two pink BAC DataMaster tickets...

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International Speeding Ticket?

European countries connect vehicle records so that automated speeding tickets cross international borders.Speeding tickets are beginning to cross international borders in Europe, thanks to the European car and driving license information system, or Eucaris. At the beginning of the year, Swiss motorists began being charged for speed camera tickets issued by French authorities. As of October, the French government had collected on a total of 10,000 citations from violations allegedly committed by vehicles registered in Switzerland. A total of 1800 tickets were issued last month alone.Prior to Eucaris, most countries had no means of collecting on automated tickets issued to...

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DUI Trial Tactics: Evidence Rule 701 & 702

Image by srqpix via FlickrOn December 1, 2000 amendments to Rule 701 of the Federal Rules of Evidence were passed which may have significant impact on drunk driving representation in Ohio.  The amendment zeros in on the difference between lay opinion testimony (governed by Ev.R. 701) and expert opinion testimony (governed by Ev.R. 702).  Many who find themselves in the DUI motion practice have seen the lines between expert and lay person blurred.  Most often the trial court will allow in "lay expert" opinion of the arresting officer.  The amendment goes directly to that issue.  The new...

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Driving Under Suspension: Security Suspensions and Judgment Suspensions

Ohio Revised Code 4509.37 sets forth the provision of Ohio's Driving Under Suspension law that suspends a license for uninsured drivers involved in an accident involving personal injury, death or property damages exceeding $400.00.  Called a Security Suspension, this suspension is often confused with a Judgment Suspension, which provides the court a powerful weapon to enforce a judgment.  Here, no judgment is necessary.  A violation of this law will result in a suspension of your license until one of the following occurs:Submission of a notarized statement signed by all involved parties indicating a payment arrangement has been made. If the...

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Drug Testing for Children; Is this a good idea?

Image by Rob Shenk via FlickrSchools in Crawford County, Ohio, have implemented a random drug test policy for students involved in sports and extra-curricular activities. Five of the six districts in the County now permit the random testing. Surprisingly, many students have joined administrators and teachers in supporting the effort. Officials from the sixth district say the issue requires further consideration before it can be adopted, but they are not totally opposed to the choice.The U.S. Supreme Court has confirmed the legality of student drug testing in public schools in two separate split decisions. In each case, the majority has agreed...

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United States Supreme Court Decides “one free swerve case”

Image via WikipediaSupreme Court declines to set rule on drunk driving stops By Warren Richey Christian Science MonitorRICHMOND, Va. — The US Supreme Court has let stand a ruling in Virginia that police officers must personally observe erratic driving before stopping a suspected drunken driver.On Tuesday, the high court declined to take up an appeal involving a Richmond motorist who was pulled over by a police officer based on an anonymous tip that he was driving under the influence of alcohol.  The issue in the case, Virginia v. Harris, was whether the officer was justified in confronting the driver with a roadside sobriety...

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