16 January

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Changes To Ohio’s Field Sobriety Test Manual – Part One

Ohio has adopted a new Field Sobriety Test manual as of 2013. This post is part of a multi-article look at the Field Sobriety Test manual changes.1. Let's Change The Name The first change to the Field Sobriety Test manual is the name. Prior to this year the training class for law enforcement officers studying the Field Sobriety Test regimen was called A.D.A.P. (Alcohol and Drug Awareness Program) and used the National Highway Traffic Safety Administration "manual." The new class will simply be called Field Sobriety Test or SFST class and will use a "guide."Remaining from the previous training materials is...

14 January

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“Plea Bargain” Is Not A Dirty Word

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Is a plea bargain in your best interest? A trial is a time consuming, expensive exercise for the State. It consumes the energy of the judge, the court staff, eight jurors, the arresting and assisting law enforcement officers, expert witnesses and any number of lay witnesses who may testify. As an example of the scale of the criminal justice system, in 2011, nearly 121,000 criminal and traffic misdemeanor offenses were filed in the Franklin County Municipal Court. This court is a good example because, with 15 judges and 30 full-time dedicated prosecutors it is one of the biggest and most...

30 December

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MADD and NHTSA Push For Expanded Use of Ignition Interlock Devices

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Mothers Against Drunk Driving and their government partners at the National Highway Traffic Safety Administration want 2014 to be the year that all states expand the use of ignition interlock devices to include anyone convicted of a drunk driving offense.Currently, ignition interlock devices are used in all 50 states and the District of Columbia. However, states vary widely in how the ignition interlock devices are used and which drivers are required to install them. In West Virginia, for example, interlock devices are only ordered at a judge’s discretion while Michigan mandates their use for drivers who are found with a...

26 December

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Limited Driving Privileges Under Ohio Revised Code 4510.021

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Q. Can I get limited driving privileges during the pendency of my OVI case?A court may grant limited driving privileges to a person who has had their license suspended pursuant to a pending OVI. The Ohio Revised Code, 4510.021 limits driving to the following purposes: (1) Occupational, educational, vocational, or medical purposes; (2) Taking the driver's or commercial driver's license examination; and (3) Attending court-ordered treatment. A court is granted broad discretion to impose restrictions so long as the restrictions are reasonable. While most courts will not impose an ignition interlock devise or restricted "party" plates on a first offense OVI, the statute...

23 December

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Due Process and the Administrative License Suspension

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How can it be constitutional for the State to take my license immediately via the Administrative License Suspension?Ohio believes that driving is not a right, but a privilege. See 4511.191 If you are stopped for an OVI, DUI or drunk driving and you refuse to take a chemical test (breath, blood or urine), or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC), the police officer can and will take your driver’s license on the spot causing your drivers license to be suspended immediately. This pre-conviction suspension is called the ADMINISTRATIVE LICENSE SUSPENSION. The Administrative license suspension is a suspension imposed by the Ohio...

19 December

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Christmas DUI Blitz Along Rt. 4 Announced

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The Ohio State Highway Patrol will be conducting a Christmas DUI enforcement action along Rt. 4 beginning this weekend.The OVI Task Forces of Clark County, Hamilton County, Butler County, Montgomery County, and the Ohio State Highway Patrol will conduct an Christmas DUI enforcement blitz along State Route 4 this Friday and Saturday. In addition, the Ohio Investigative Unit will have agents working in the same area during the Christmas DUI blitz. Other Task Force member departments that are not situated along SR-4 will also have extra officers working in their areas and searching for impaired drivers. Attorney Charles M. Rowland II dedicates...

17 December

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Drive Sober or Get Pulled Over Campaign Continues Until New Year’s Day

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The days between Christmas and New Year's Day are targeted for DUI enforcement via the government's "Drive Sober or Get Pulled Over" campaign. Law enforcement in Ohio every State and most U.S. towns and cities will be cracking down on drunk driving from December 13 through New Year's Day. You can also expect a full media "Drive Sober or Get Pulled Over" blitz with the now familiar "they will see you before you see them" warnings. [Editor's Note: Could there be a more tone deaf message in this age of government surveillance?] Stay tuned to this blog and our Facebook,...

18 November

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There’s A New Standardized Field Sobriety Tests “Guide”

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Standardized Field Sobriety Tests are commonly known as the roadside activities that police officers ask drivers to perform if the officer suspects that the driver is impaired by alcohol or another impairing substance. We call them "stupid human tricks." Contrary to popular understanding and belief, many of these tests have little basis in science, and the ones that do are frequently performed incorrectly.NHTSA has developed a new "GUIDE" in assessing Standardized Field Sobriety Tests. The new (March, 2013) version focuses more on having law enforcement recognize and administer tests to determine impaired driving by substances other than alcohol. No new scientific studies...

13 November

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First Offense DUI – What To Expect

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A first offense DUI is defined at O.R.C. 4511.19 as a DUI with no priors within 6 years. A first offense DUI can be charged in three ways. The first charge is caused by testing over the legal limit of .08% B.A.C. (example O.R.C. 4511.19(A)(1)(d)). These types of offenses are also referred to as "per se" violations. A second way to be charged is for violating the high-tier provision of Ohio's DUI law. Ohio has also created a per se “high-tier” limit of .17% BrAC, sometimes referred to as a SUPER-OVI. The per se high-tier limits for a first offense DUI are set forth at...

06 November

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S.B. 337: Ohio DUI Law and Expungment

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Ohio DUI law and expungment, am I eligible? Expungment is the legal method of sealing the record of a prior conviction. Generally, you attorney will file an Application for Expungment. The Court will then undertake an investigation, often consisting of a face-to-face interview with the investigator. If you application is granted the Court will “seal” your record, meaning they physically remove your conviction from the general court records making it “invisible” to the public. Once expunged, your conviction should not appear on any background checks. This does not apply if your background check is done for certain government jobs, in...

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