05 September

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Presumption of Innocence? Not For OVI

The History of The Presumption of Innocence The presumption of innocence, Ei incumbit probatio qui dicit, non qui negat.It is the principle that one is considered innocent unless proven guilty. It dates back to the very foundations of western jurisprudence. The sixth century Digest of Justinian provides, as a general rule of evidence:"Proof lies on him who asserts, not on him who denies."The presumption requires that the prosecution has the obligation to prove each element of the offense. They must prove each beyond a reasonable doub. The accused bears no burden of proof. This is often expressed in the phrase innocent until proven...

18 February

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Driving Is A Right – Not A Privilege!

Posted by Dayton DUI

in DUI Process

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 simply under the procedural due process analysis.Because the human rights of freedom of movement, right to earn a living and the right to peaceably assemble are only capable of being maintained with a valid driver’s license, the Court should require a more rigorous standard before depriving...

05 January

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Why The ALS Suspension Is Unconstitutional

Posted by Dayton DUI

in DUI Law

We are often asked how the arresting officer is authorized to take a persons' license under the ALS suspension, and whether or not this is constitutional. The dilemma presented by Ohio DUI Law is this: If I am innocent until proven guilty, how can they punish me by immediately taking my license when I am accused of DUI? This site takes the position that the current law is unconstitutional. But before we jump into the argument, it is important to understand how the current law works. If you are stopped for an OVI, DUI or drunk driving and you refuse to take a...

23 December

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Police Do Not Need To Know Law To Enforce It – Heien v. North Carolina

Posted by Dayton DUI

in DUI Law

Heien v. North Carolina, No. 13–604. Argued October 6, 2014—Decided December 15, 2014 ; another case giving police more power to stop and arrest and another body blow to the Fourth Amendment.In 2009, Nicholas Heien and a friend were traveling on a highway in North Carolina when they were stopped for having a broken tail light. Subsequently, a search of the car found a plastic bag containing cocaine. Where this case takes a turn is when we learn that the police had no legal right to stop the car because, under North Carolina law, having a single broken tail light is...

03 December

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Holiday DUI Blitz Begins December 6th

Posted by Dayton DUI

in Announcements, News, Uncategorized

The Ohio State Highway Patrol announced its annual "Holiday DUI Blitz." The 6-State Trooper Project is a multi-state law enforcement partnership aimed at providing combined and coordinated law enforcement and security services in the areas of highway safety, criminal patrol and intelligence sharing.The holiday dui initiative will take place from Friday, December 5 at 12:01 a.m. through Sunday, December 7 at 11:59 p.m. This high-visibility enforcement effort will include the Indiana State Police, Kentucky State Police, Michigan State Police, Ohio State Highway Patrol, Pennsylvania State Police and the West Virginia State Police. Charles M. Rowland II dedicates his practice to defending...

24 November

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Ignition Interlock Bill Dies In Committee

Posted by Dayton DUI

in DUI Law

Annie's Law (H.B. 469) a bill that would have required all first-time OVI offenders to install an ignition interlock device in their vehicles has failed to garner enough votes to make it out of committee. The bill, in its proposed form would have required a driver to blow into the the device to start the car, which would prevent the engine from starting if too much alcohol was detected on his or her breath.The bill faced opposition from the Ohio Judicial Conference and the Ohio State Bar Association. Chief worries about the bill included issues of restricting judicial sentencing discretion and...

06 November

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Affirmative Defenses for Prescription Drug OVI Charges in Ohio

Posted by Dayton DUI

in Drugs & Alcohol

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 70% of Americans are taking a prescription medication, you need to know your rights.Ohio provides an affirmative defense to an impaired driving charge if you have both a valid prescription from an authorized professional and you were taking your medication according to the directions provided. R.C....

22 October

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Is It A Crime To Refuse To Take A Breath Test?

Posted by Dayton DUI

in DUI Law, DUI Process

Is it a crime to refuse to take a breath test? Ohio has adopted O.R.C. 4511.19(A)(2) which makes it a crime to refuse to take an evidentiary chemical test if you have a prior OVI (drunk driving) or OVUAC (juvenile/underage drunk driving) conviction any time within the last twenty (20) years. If you refuse and you have a prior within twenty (20) years then the penalties for your OVI offense will be double the mandatory minimum. (See generally the "Penalties" section of the DaytonDUI blog).Professional drivers who refuse to take a breath test face a separate crime if they do not...

06 October

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DUI Law Update: MADD Gets Its Cake And Eats It Too!

Posted by Dayton DUI

in DUI Law

This DUI law update sets forth an alternate interpretation of MADDs attempt to pass Annie's Law. Is it possible that MADD has seen the error of its ways and is seeking to do damage control? The most common complaint about DUI enforcement in the State of Ohio concerns the ability of a police officer to seize your license and prevent you from driving for 15 or 30 days (first offense) before you are even taken to court. We often hear a shocked response of, "What about innocent until proven guilty?" Is this criticism causing MADD to look for a different...

02 October

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DUI Case Law Update: State v. Ilg

Posted by Dayton DUI

in DUI Law, DUI Process

DUI case law update: State v. Ilg, Slip Opinion No. 2014-Ohio-4258For most of my career I have had to deal with a tremendous disadvantage in DUI cases. In 1984, the Ohio Supreme Court decided State v. Vega, 12 Ohio St. 3d 185, 465 N.E.2d 1303 (1984) which was interpreted to prevent an attack on the breath test machine if it attacked the "general reliability" of a breath alcohol test if it was "conducted in accordance with methods approved by the director of the Ohio Department of Health." Id. In practical purposes, courts used VEGA to preclude almost all attacks on a...

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