A DUI (driving under the influence) is a criminal offense for driving a motor vehicle under the influence while impaired by alcohol or other drugs. At least one in three people will be involved in a DUI related crash at some point in their lives. Unfortunately, it is an offense that carries a high fatality… Read more
An Ohio Supreme Court decision now makes it much easier to defend against drunk driving (DUI and OVI) cases in Columbus, Ohio. In Cincinnati v. Ilg, the Ohio Supreme Court ruled that every person accused of a drunk driving offense involving a breath-analyzer machine may obtain all computerized breath test data from prior results generated… Read more
Columbus drivers can learn from Kerry Kennedy’s recent DUI case (where she claimed to be “accidentally” under the influence of prescription drugs), including her arrest, defense, jury trial, and ultimate acquittal. Prescription Drug OVI Lawyer I’ve previously written for Columbus drivers about the difference in Ohio DUI or OVI law between “drugged driving,” meaning having… Read more
Arrested With A Prior Record? Our approach to defending Columbus drunk driving (DUI or OVI) cases, particularly where our client has one or more prior record drunk driving convictions, is often two-fold: (1) aggressive litigation, and (2) meaningful mitigation. This blog post deals with the latter, mitigation. And when we discuss mitigation, we mean a… Read more
Recent DUI Arrest On Monday, former “Saturday Night Live” star Chris Kattan was arrested in Southern California for suspicion of DUI after he crashed his Mercedes Benz across a barrier of orange cones and flashing signs into the rear of a maintenance truck. After being approached by police, SNL Kattan agreed to take Standard Field… Read more
Recently, the famous, and now potentially notorious, pop star Justin Bieber was arrested in Miami and charged with DUI, resisting arresting, and driving with an expired license. Officers reported that they initially stopped Bieber for drag racing a rented Lamborghini against another supercar in a residential area. Bieber was suspected of being under the influence… Read more
Super Bowl Public Service Ad Using his DUI arrests and conviction to help others, Bruce Smith, a former Buffalo Bills and Washington Redskins legend and NFL Hall of Fame defensive end, is appearing in a Super Bowl public service ad this Sunday to speak about his 2010 conviction for drunk driving and his previous DUI… Read more
Most people have heard of Miranda rights. Miranda applies to a person in police custody and being questioned. Prior to any interrogation (not including routine questions such as name, date of birth, Social Security Number), the person must be advised that: they have the right to remain silent; anything they say can be used against… Read more
The short answer is that after the arrest, you have a right to a lawyer, but before the arrest you do not. So, if a Columbus police officer stops you to investigate whether you are driving drunk (DUI or OVI), you do not have a right to counsel. Your right to counsel only attaches after… Read more
Do You Have To Take A Field Sobriety Test? No. The police will never tell you this, but you are not required to take any of the SFSTs. The simple truth is this: the SFSTs are only used to make the police case against you stronger. The tests are extremely hard to perform. In some… Read more