OVI - DUI Law

Tough Economy Calls For Aggressive Defense

Jeffrey Meadows — Sat, 23 Jan 2010 17:54:00 GMT

You're sitting in court with the attorney that you hired when you had a job. The prosecutor is wanting to convict you for the OVI that you don't believe you should have been charged with in the first place, and your attorney is telling you that there are lots of legal issues to raise with regard to the actual traffic stop and/or the admissibility of the breath test. And now, you are faced with the decision of whether you spend more money for the fight even though the economy has caused you to lose your job. What do you do?

This is the scenario for many of todays OVI defendant's. And unfortunately, attorneys don't have crystal balls to foresee the actual outcome of fighting the case. Is it cheaper to just take the conviction? Not necessarily!

Ohio law allows judges to grant driving privileges to those convicted of OVI for very limited purposes, such as getting to and from work. However, if you aren't working, many judges won't grant privileges at all. Some will allow driving to/from interviews during set hours/days each week.

But once you get an interview, what happens when the prospective employer finds out you have a conviction for OVI on your record. Are they going to see you as a potential "problem" employee, as someone who may have substance abuse/dependency issues. If you are on probation is that going to interfer with your work schedule? Are you in sales or some other line of work that requires drving a company vehicle or being insured by the employer? If so, most employers will hire someone else who doesn't have the OVI conviction.

Clearly, paying the mortgage and feeding the family comes first, but you must weigh all of the potential considerations and consequences of being convicted. If there are legitimate issues to raise in your OVI defense, spending those limited resources will be money well spent.

What If I Can't Afford To Hire A Lawyer

Jeffrey Meadows — Fri, 17 Apr 2009 00:47:00 GMT

    It is no secret that our economy is in the crapper! Many people have already been laid off or have legitimate concerns about losing their job when they suddenly find themselves charged with OVI/DUI. With no job, or the possibility of losing their source of income, should they dip into savings or borrow the money to hire a lawyer? Absolutely!
    If you are presently unemployed and are looking for a job, how are you going to get to job interviews if you don't have driving privileges? What will a prospective employer think about an OVI/DUI conviction? If there are 2 potential candidates for 1 job opening and both candidates have the same qualifications, except one has an OVI conviction, who do you think will get the job?
    Hiring an attorney doesn't guarantee that you won't be convicted, and depending on the court, it doesn't even guarantee you will get driving privileges. However, it does help move the odds in your favor as to both issues, especially if you have hired an attorney who is capable and willing to fight your OVI!

Things to Look For When Hiring an Ohio OVI Lawyer

Jeffrey Meadows — Fri, 17 Oct 2008 17:30:00 GMT

Charged with an Ohio OVI? Trying to figure out which attorney to hire? There are a number of factors to consider when hiring an attorney to handle your OVI charge in Ohio.

First and foremost, does the OVI lawyer know the current Ohio OVI law? Don't be afraid to ask an attorney you are interviewing when Ohio's OVI laws were last changed, modified or revised. At the time of this Comment, the most recent change was 09/30/08. Has the attorney actually read the revised statute from begining to end (Ohio Revised Code section 4511.19). Ask if they have attended any recent seminars that included a review of the current version of the law. And finally, ask what are the mandatory sentencing provisions that would apply to you, if convicted.

Next, ask the potential attorney how many OVI cases they handle a year( both overall and how many in the court you will be in). While a large volume is not necessarily indicative of their ability, it certainly lends itself to familiarity with the law, the Court and the prosecutor that you may be dealing with.

Another good fact to know is how many OVI trials has the attorney done. When was the last time they tried a OVI to a JURY??? It's easy for attorneys to say "I handle OVI's," but the fact is, the number of attorneys who actually fight them, especially all the way through trial, is VERY small. When was the last time the attorney you are considering "put on the armour and went to batlle"?

If your case invovles a breath test, is the attorney you are considering telling you right away that he/she will work on getting you the minimum mandatory sentence? Or is the attorney asking questions about your drinking history on the night you were charged, your food consumption, do you have G.E.R.D., how many times did you have to blow into the breathylizer? There are many approaches to actually fighting a breath test and the attorney you choose should be familiar with the breathylizer you blew into, how it works and the various possible defenses you may raise.

If on the other hand, you drove up onto the sidewalk, puked on the officers shoes and asked him to hold your beer as you climbed out of the car, how will the attorney mitigate these facts?

There are many things to consider when interviewing or hiring an attorney to handle an Ohio OVI charge. The attorney who drafted your will or handles your business contracts is very likely NOT the person you need or want to handle your Ohio OVI / Ohio DUI charge. With the Ohio OVI laws / DUI laws constantly changing and increasing in complexity, it is critical to your best interest that you have a qualified and competent OVI lawyer to represent you!

More Changes to the Ohio OVI Laws - Ohio DUI laws undergo changes!

Jeffrey Meadows — Fri, 17 Oct 2008 17:08:00 GMT

As of September 30, 2008 Ohio Senate Bill 17 went into effect instituting many changes to Ohio's already tough OVI/DUI law! While the changes for a first time offender experienced little change, persons charged with an OVI who have had a prior conviction for OVI within 6 years face tougher penalties.

Specifically, if convicted of a 2nd offense within 6 years, the court may require a continuous alcohol monitoring device ("CAM," a device worn around the ankle that will notify probation if you ingest alcohol), in addition to mandatory incarceration (JAIL), the court is required to order an alcohol/drug assessment and any recommended treatment will be mandatory. Finally, if the court grants driving privileges during the mandatory 1-5 year suspension, privileges are not available for the first 45 days and once granted, the restricted license plates (aka "scarlet letter" or "party plates") AND an ignition interlock device (breathylizer) are mandatory.

Sentencing for 3rd offenders within 6 years also was stiffened as well as some of the other alcohol related offenses.

If you have found yourself charged with an Ohio OVI / Ohio DUI charge, it is extremely important that you seek the advice of a competent OVI lawyer. Your DUI lawyer should be not only be familiar with the current law as it applies to sentencing, your Ohio DUI attorney should also be able to thoroughly and properly assess your case to know what your available defenses are.

Not everyone charged with an OHIO OVI / Ohio DUI has to be convicted. As a matter of fact, many of the Ohio DUI / OVI charges are very defendable if you have a qualified Attorney.

Will the new Rules of Professional Conduct help Ohio OVI/DUI Defendants?

Jeffrey Meadows — Wed, 28 Mar 2007 03:50:00 GMT

   At the begining of February, 2007, the Ohio Supreme Court adopted new Rules of Professional Conduct. While we attorneys have always had rules to govern our conduct, the "new rules" are much more specific and some go as far as spelling out "imperatives" for us to follow.

   It is this attorney's belief that new rule 3.1, which governs "Meritorious Claims and Contentions" places a duty on prosecutors not to assert an issue that doesn't have a basis in "fact." How does this help OVI/DUI defendants? Quite simply put, if an investigation and arrest was preserved on video and the video clearly shows that the officer did not give the proper instructions or use the standardized procedures for the Standardized Field Sobriety Tests (i.e., the HGN/eye test, the Walk & Turn, and the One-leg Stand), then the prosecutor, under Rule 3.1, may have a duty to agree that the test was not administered in "substantial compliance" with the National Highway Traffic Safety Administration's standardized procedures.

   So what happens if the prosecutor still tries to use the field tests against you? Well, the "Scope" of the new Rules of Professional Conduct suggest that they may be subjecting themselves to sanctions. But again, these rules are new and only time will tell if they truly have any implications to OVI/DUI cases or not.

   And as previously stated, the position in this article is the opinion of the author and may not be shared by other attornesy (especially prosecutors)! It is strongly encouraged that these issues be discussed with your OVI/DUI attorney to see if the Rules of Professional Conduct may have an impact on your Ohio DUI/Ohio OVI case.

2007 Advanced DUI Seminar

Jeffrey Meadows — Mon, 05 Mar 2007 22:10:00 GMT

Thursday, March 8, 2007 and Friday, March 9, 2007 will be the dates for the Ohio Association of Criminal Defense Lawyers annual DUI/OVI seminar. The seminar is held in Columbus, Ohio and features speakers frrom across the country as well as some of Ohio's finest DUI lawyers /OVI lawyers.

Attendance at this seminar is a "must" for any attorney/lawyer who is truly interested in learning cutting edge techniques to fight a DUI/OVI. Be sure to ask your DUI lawyer/ OVI lawyer if he/she will be attending (or has attended) this seminar.

IS IT IMPORTANT TO HAVE AN ATTORNEY WHOSE OFFICE IS IN THE SAME TOWN AS THE COURT?

Jeffrey Meadows — Sat, 30 Dec 2006 20:23:00 GMT

Local counsel can be beneficial, but is not essential! The biggest benefit to local counsel is that they will know all of the little habits or pet peeves of the judge and prosecutor. Examples: does the judge give jail days if you had an accident while drinking and driving or does the prosecutor have a “no deals” policy on breath test refusals, or does the judge deny occupational driving on refusals until the defendant pleads guilty. These examples are generally known to local counsel or at least the attorneys who practice regularly in the court. However, the most important qualification for your OVI / DUI attorney is that they not only know the court, but that they have all the knowledge and tools to properly assess and defend your OVI!

SINCE I TOOK THE BREATH TEST, IS IT POSSIBLE TO FIGHT MY OVI / DUI?

Jeffrey Meadows — Sat, 30 Dec 2006 20:20:00 GMT

Absolutely! However, not every attorney that is listed in the phone book under the DUI / OVI listing is competent to fight these cases. As a matter of fact, many of the attorneys that list DUI / OVI cases in their Yellow Pages advertisement have never done a DUI / OVI / Drunk Driving trial. Do you want someone representing you who has never had a trial? Do you want someone representing you who only knows how to say “GUILTY” or “No Contest?”

Breath test cases are not easy to fight and they generally require the attorney to have a knowledge of the instrument that you blew into, familiarity with the Ohio Department of Health regulations that regulate the maintenance and use of the breath testing instrument, human anatomy and physiology and general trial skills. Additionally, fighting an OVI / DUI with a blood, breath or urine result over 0.08 can be very time consuming and expensive.

When choosing your OVI / DUI lawyer, make sure you ask them if they have ever done a DUI / OVI trial with a blood, breath or urine test admitted into evidence.

WHY WAS I CHARGED WITH OVI / DUI WHEN I PASSED THE FIELD SOBRIETY TESTS?

Jeffrey Meadows — Sat, 30 Dec 2006 20:19:00 GMT

Many people think they actually passed the field sobriety tests before they were arrested! The problem is, most people who are taking the field sobriety tests are inexperienced in taking the tests and accordingly, have no idea what the officer is looking for.

If the officer checks your eyes, simply being able to follow the pen (or their finger) doesn’t mean you passed the test. What the officer is looking for is an involuntary twitch of the eyeball called nystagmus – specifically, Horizontal Gaze Nystagmus (HGN).

Nystagmus is a condition that is checked for everyday in thousands of individuals and the HGN is usually administered by someone with much more schooling than a police officer – their called doctors! Specifically, neurologists use this test on a daily basis to check patients for various neurological conditions such as multiple sclerosis and Parkinson’s disease. There are numerous substances that we ingest that can also cause nystagmus including nicotine, caffeine and of course, alcohol. Specifically, the National Highway Traffic Safety Administration (NHTSA) has told us that if a police officer gives this test using the specified procedures, it is a tool that can assist the officer in determining the likelihood of the test subject having a blood-alcohol level greater than 0.10 – specifically, there is a 77% chance that the person will test 0.10 or higher on a breath test machine (or blood or urine test).

The Walk & Turn test that was administered is another exercise used to assist the officer in knowing the likelihood of a subject testing 0.10. Specifically, the officer should be trained to administer very specific instructions and then look for the following things:

1. Suspect Cannot Keep His Balance While Listening To The Instructions

i. Score this only if suspect does not maintain the heel-to-toe position throughout the instructions (feet must actually break apart)

ii. Do not score this clue if suspect sways/uses his arms to balance himself, but maintains the heel-to-toe position

2. Suspect Starts Before Instructions Are Finished

3. Suspect Stop While Walking

i. Record this clue if suspect pauses for several seconds

ii. Do not record this clue if the suspect is merely walking slowly

4. Suspect Does Not Touch Heel-to-Toe – gap between heel and toe must be more than ½ inch

5. Suspect Steps Off The Line – at least one foot of the suspect must be entirely off the line

6. Suspect Uses Arms To Balance – arm(s) must be raised more than 6 inches from sides for this clue

7. Suspect Makes Improper Turn

i. Suspect removes front foot from the line while turning

ii. Suspect does not follow directions as demonstrated (i.e., spins or pivots around)

8. Suspect Uses Incorrect Number of Steps – either more or fewer steps in either direction

Again, NHTSA has indicated that if an officer observes two (2) or more of the preceding eight (8) indicators, there is a 68% chance the subject will test 0.10 or higher.

The One-legged stand (OLS) is the 3^rd test endorsed by NHTSA as a tool to be used to help officers determine the likelihood a subject will test 0.10. The NHTSA guidelines instruct the officer to watch for the following:

1. Suspect Sways While Balancing – side-to-side or back-and-forth motion while in one-leg stand position

2. Suspect Uses Arms To Balance – arms must be raised more than 6 inches from sides to count this clue

3. Suspect Hopping (to maintain balance) –resorts to hopping in order to maintain balance

4. Suspect Puts Foot Down – not able to maintain one-leg position, but puts foot down one or more times during 30 second count

As you may suspect, NHTSA tells us that if the proper instructions are administered, if an officer sees 2 of the preceding 4 indicators, there is a 65% likelihood the subject will test 0.10 or higher.

Your OVI / DUI attorney should be familiar with the NHTSA standardized procedures and criteria and know how to effectively challenge these tests in court. Even if the judge says these tests are admissible at trial, a competent OVI attorney / DUI attorney should know how to deal with these tests in front of a jury (so long as the client was literally “falling down drunk”).

What is a "Physical Control" charge?

Jeffrey Meadows — Mon, 06 Nov 2006 19:00:00 GMT

What does “Physical Control” mean? Ohio’s Physical Control Statute, O.R.C. 4511.194, became effective on 1/1/05. Physical Control is similar to an Ohio OVI/Ohio DUI charge in that it deals with being in a vehicle while under the influence of alcohol or drugs of abuse with one exception, Physical Control does not require that the vehicle have ever been driven or even started.

The best example of a Physical Control violation is the person who staggers out of the tavern and decides to “sleep it off” in their vehicle. Often times what happens is the person starts the car, either to run the air conditioner or the heater, so the vehicle is actually running, then goes to sleep. However, one need not have the car running or even have the keys in the ignition in order to be in violation of O.R.C. 4511.194 – Physical Control. Under the statute, having the keys within reach will satisfy the definition of having “physical control.” The physical control statute was essentially designed to “reward” or rather, not punish as severely, the person who drinks too much (or uses drugs of abuse) and then gets into their car, but decides not to actually drive.

For a list of the attorneys in your area that can help you defend a physical control charge, check out the Attorney Directory at www.OVILAW.com.

Can my charge be reduced to a Reckless Operation?

Jeffrey Meadows — Mon, 06 Nov 2006 18:51:00 GMT

There is an overwhelming opinion amongst the general public (or maybe just the drinking public) that a first offense Ohio OVI / DUI should be, or at least can be, reduced to a reckless operation charge. Can this really happen? Well, it depends in large part on a number of things, including, but not limited to:

1. The prosecutor’s attitude toward OVI / DUI charges;

2. The Court (or Judge’s) attitude toward OVI / DUI charges;

3. The actual facts of your case, including such facts as:

a. Was there a breath test performed and if so, how high (or low) was the result;

b. Was there an accident or bad driving; and

c. Where you polite and cooperative to the arresting officer.

These are but a few of the many considerations that will be considered when the prosecutor and your OVI attorney / DUI attorney sit down to discuss the possible out come at a pre-trial conference. This is not to say that if you had a low breath test and you were polite and cooperative that it guarantees a reduction of your charge, in fact, many courts (or prosecutors) take a “no reduction” or “zero tolerance” approach with OVI / DUI charges. As a matter of fact, some prosecutors will "reduce" an OVI /DUI if the defendant refused to do a breath test because they don't know whether they are reducing a case where the person would have blown a 0.20 or a 0.02. Does this mean you should always do a breath test? My answer is NO! You should ALWAYS ask to talk to an attorney who knows OVI / DUI defense before willingly taking a breath, blood or urine test.

Since the reduction policy of each court and/or prosecutor may vary, it is important to find an attorney who is familiar with the court and prosecutor that you will be facing in your OVI / DUI case. For a list of attorneys who handle these cases in the court that you will be going to, check out the Attorney Directory on www.OVILAW.com.

Drugged driving laws having little effect on court dockets

Jeffrey Meadows — Wed, 01 Nov 2006 02:14:00 GMT

On August 17, 2006, Ohio's DUI law underwent it's "umpteenth-billion" change. This time the change included "per se" limits for certain drugs that can be found in blood or urine. Some of the drugs are legal (with prescriptions) and some are not. But the fact remains that some of these drugs can remain in your system LONG after the substances quit effecting our brains and accordingly, our ability to operate motor vehicles.

Despite the change however, the number of cases that have been filed under this updated version of the Ohio DUI/ Ohio OVI law has remained extremely low. See the June 6, 2006 post for the substances and actual levels listed in the new law.

OVILAW.COM is quickly becoming THE spot to find out everything you need to know about DUI, OVI or DRUNK DRIVING in Ohio.

Jeffrey Meadows — Sat, 26 Aug 2006 00:43:00 GMT

WWW.OVILAW.com is quickly becoming the spot to find everything you need to know about DUI, drunk driving, OVI charges in Ohio. WWW.OVILAW.com has almost every municipal and county court listed (searchable by county) with a "click here" to get directions to the court. WWW.OVILAW.com also has over 500 Ohio law enforcement agencies listed (by county) so the attorney members can access important information about the agencies who are issuing OVI citations. Finally, the list of attorneys who handle OVI, DUI, drunk driving cases is growing and again, is searchable by county on the ATTORNEY DIRECTORY.

Portable Breath Tests are "Inherently unreliable" but that's good enough for government work!

Jeffrey Meadows — Sat, 26 Aug 2006 00:24:00 GMT

This past week, the 4th District Court of Appeals in Ohio published a decision which addressed the admissibility of the PBT (portable breath test - aka, the hand-held breath test). The defendant in State v. Shuler, 2006-Ohio-4336, wanted to admit the PBT result that showed he was under the illegal limit (it showed .078) and the trial judge said NO! Defendant entered a no contest plea then appealed the issue. The 4th District held that they have always allowed the test result to be admitted for purposes of "probable cause to arrest" but they could never consent to it being admitted at trial because it is "inherently unreliable." That's right, 3 court of appeals judges unanimously agreed that a device they called INHERENTLY UNRELIABLE can be considered for probable cause to arrest!!! Specifically, they said "PBT results are considered inherently unreliable because they ''may register an inaccurate percentage of alcohol in the breath, and may also be inaccurate as to the presence or absence of any alcohol at all.''"

Is anyone out there as amazed as I? I find it absolutely amazing that a court can allow ANY evidence to be admitted if it is INHERENTLY UNRELIABLE, no matter what type of hearing it's for. Is this decision telling us there is a different standard for the State than for Defendants?

OVILaw.com

Jeffrey Meadows — Mon, 17 Jul 2006 23:11:00 GMT

For those persons who are in search of information on Ohio drunk driving, Ohio DUI, Ohio OVI charges, check out OVILaw.com, the newest and most comprehensive website for information on DUI or drunk driving charges in Ohio. Find a listing of attorneys who handle Ohio DUI or drunk driving cases, see OVILaw.com's Attorney Directory and search by county.

And for those attorneys who are looking for information on various police agencies (their policy and procedures for DUI OVI investigations) or for information on specific police officers, check out OVILaw.com's Police Officer and Police Data link. This site will prove to become the most comprehensive website for those accused of DUI OVI drunk driving in Ohio and for those who fight Ohio DUI OVI drunk driving cases. The Case Law update section, available to members (for as little as $250.00 a year) will have summaries of Ohio's most recent appeallate decsions, the caption, date of decision and a link to the full text version at the Court's web site.

OVILaw.com is a must visit website for anyone with any interest in fighting a DUI OVI drunk driving case in Ohio.

OVILAW.COM

Jeffrey Meadows — Wed, 14 Jun 2006 20:11:00 GMT

For those interested in finding out additional information about Ohio OVI offenses, how to beat your ovi, OVI attorney directory, free attorney consultations, dui law updates and other useful information for beating an ovi/winning a dui in Ohio, check out OVILAW.COM. This site should be on-line by June 30, 2006.

Smoking Weed and Driving (7 days later) May Get You Charged with OVI/DUI!

Jeffrey Meadows — Mon, 05 Jun 2006 20:27:00 GMT

   Ohio's General Assembly is at it again! With the Passage of Senate Bill 8, signed by Governor Taft on May 11, 2006, it will soon be illegal to drive if you have the metabolites (the residual effects of THC) of marijuana in your blood or urine.

   It is a well accepted scientific fact that after smoking marijuan, the active ingredient, THC (delta-9-tetrahydrocannabinol) can be found in measureable amounts for up to 2 -4 weeks. Despite the facts posted by the Amercian Council for Drug Education, which states that the "short-term effects wear off within two to three hours" Basic Facts About Drugs: Marijuana, American Council for Drug Education, our Ohio law makers passed this law with blatent disregard to scientific facts and common sense - of course, why should these politicians do anything based on fact or common sense when that often doesn't garner votes?

   The fact of the matter is, our current OVI/DUI law provides for prosecution of those individuals whose ability to operate a vehicle is impaired from drug use, whether it's marijuana, cough syrup, heroine, cocaine, or any other drug. Prosecutors have been successfully prosecuting those who are truly impaired from drugs with out the of laboratory "Per Se" levels which are as follows: (ALL RESULTS ARE EXPRESSED AS NG/ML)

                                    URINE        Blood             4511.19 (J)

     Amphetamines         > 500              >100           4511.19 (J)(1)
   Cocaine                   > 150              > 50              4511.19 (J)(2)
   Cocaine Metabolite  > 150               > 50              4511.19 (J)(3)
   Heroin                     > 2000             > 50              4511.19 (J)(4)
   Heroin Metabolite      > 10               > 10              4511.19 (J)(5)
   L.S.D.                     > 25                > 10              4511.19 (J)(6)
   Marijuana                 > 10               > 2                4511.19 (J)(7)
   Marijuana Metabolite > 15              >5                 4511.19 (J)(8)(i)
   Marijuana Metabolite > 35              > 50              4511.19 (J)(8)(ii)
   Methamphetamine      > 500           > 100            4511.19 (J)(9)
   Phencyclidine (PCP)   > 25             > 10              4511.19 (J)(10)

This most recent addition to the OVI law will go into effect in August of 2006, but will it truly make a difference to anyone whose name isn't on a ballot? For aggressive defense of OVI/DUI cases, whether they are alchol or drug related, contact Jeff Meadows.

Breathalyzer on ALL CARS?

Jeffrey Meadows — Tue, 25 Apr 2006 16:06:00 GMT

A bill recently introduce in New York would make it MANDATORY that ALL automobiles have ignition interlock devices on them by 2010. Ignition interlock devices are essentially breathalyzers that must be blown into before the car will start. Currently, in Ohio, the ignition interlock is an available option for judges sentencing any OVI/DUI defendant, whether it is a 1st offense or repeat offense.

This type of legislation was introduced in Arizona but was never passed. From a practical standpoint, I would expect the auto makers to strenuously oppose this type of mandate. Not only would it be costly to install (a cost that would obviously be passed to the consumer), but it also presents a potential liability nightmare if a person is able to get a vehicle started, despite the interlock, and ends up injuring or killing someone. Is the car manufacturer going to get sued? You bet!

An article in the USA Today (http://www.usatoday.com/money/autos/2006-04-24-breathalyzer-usat_x.htm) cites to a Hamilton County, Ohio study that suggests the device is effective, however at present, the Courts can only require the device for the period during which the persons license is restricted.

While the interlock device is common in Hamilton County OVI's and Clermont County OVI'S, it is not ordered nearly as often in Butler County OVI's or Warren County OVI's.

For additional information regarding the ignition interlock device in Hamilton County, Butler County, Warren County or Clermont County OVI's, contact OVI attorney Jeff Meadows at (513)777-2222.

Right to present a defense denied AGAIN!

Jeffrey Meadows — Tue, 04 Apr 2006 14:54:00 GMT

   Since the Ohio Supreme Court decide State v. Vega (1984), 12 Ohio St.3d 185, those accused of drunk driving (now called OVI) are prohibited from challenging the science and procedures used by the government to test a persons breath alcohol concentration. Despite the fact that this flies in the face of Rights guaranteed by the Constitution of the United States and the Ohio Constitution, our courts continue to endorse this policy.
   Most recently, in State v. Sabo, 2006-Ohio-1521, the 10th District Court of Appeals affirmed a trial court's decision to prohibit the Defendant from offering an expert witness from testifying about the inadequacies of Ohio's testing procedure. Namely, Defendant's theory was that he suffered from GERD (also known as acid reflux) and that the single breath test procedure utilized in Ohio is not sufficient to ensure against inflated breath tests resulting from stomach gasses mixing with exhaled deep-lung air. The testimony that Defendant's expert witness would have provided to the jury would have stated that two (2) seperate breath tests should be taken to protect against faulty results. In theory, if the 2 tests were within 0.02 of one another, presumably, the results would be worthy of relying upon and would thereby be given the "presumption" of accuracy as intended by Ohio laws.
   Why doesn't Ohio perform dual breath testing just as almost 1/2 of the rest of the States do? Quite simply because the legislative and administrative branches of goverment in Ohio aren't concerned about good evidence collection.   According to Mr. Sabo's expert witness, Dr. Al Staubus, Professor Emeritus of Pharmacology at Ohio State University, the dual testing procedure was adopted in 1986 by the National Safety Counsel's Committee on Alcohol and Other Drugs Subcomittee on Technology, yet Ohio continues to reject the adoption of sound and fundamental scientific protocols that would further protect those accused of drunk driving (OVI).
   Many other valid issues were virgorously argued by Mr. Sabo's attorney, Cleve Johnson, however, the 10th District Court of Appeals rejected all arguments.

What to expect from your OVI Attorney

Jeffrey Meadows — Tue, 04 Apr 2006 02:40:00 GMT

   Hiring the right attorney to represent you in an OVI (Operating a Vehicle Impaired) case is as important as choosing the right surgeon to perfrom surgery on you or your loved ones. In Ohio, recent changes in our OVI/DUI laws have changed the period in which an OVI conviction will affect you from 6 years up to 20 years. That's right, if you are convicted of an OVI, it can be used against you for the next 20 years. Specifically, if you are convicted today, and at any time during the next 20 years an officer has reasonable grounds to believe your are operating a vehicle impaired, and asks you to submit to a chemical test to determine the level of alcohol in your breath, blood or urine, if you refuse to submit to the chemical test and are subsequently convicted of that OVI, you are subjected to enhanced penalties as if you had a high level of alcohol in your system (namely a 0.17 blood alcohol level).

   This 20 year look-back isn't the only reason it is important to get the right OVI lawyer! Ohio has mandatory sentencing on OVI cases. That's right, our state legislators apparently feel that our judges aren't smart enough to determine appropriate sentences for those who stand before them, so our Ohio law makers have determined minimum mandatory sentences by which our Courts must comply.

   So what should you expect from your OVI lawyer? I beleive that it is most important that you have a level of comfort with your OVI attorney. You should take comfort in the level of knowledge that he/she has with Ohio OVI law. Your OVI attorney should be knowledgeable about the specific Court procedures for things such as getting driving privileges and whether you need to be present at pre-trial hearings. Your attorney should also explain in detail what will happen at each hearing you attend so you know what to expect prior to arriving at court. Finally, your attorney should be able to identify the strengths and weaknesses of your case as the case progresses.

   If you are just starting the search for an OVI attorney or have recently been charged, I think it is a good idea to write down the events of the evening on which your were stopped and arrested. As a matter of fact, I prefer my clients to start their story with the time that they got out of bed that day (or the preceeding morning) and tell me about their day. I like as much detail as possible including what time they had their first drink, what they were drinking (size, flavor and number of drinks), and when they had their last drink. Finally, include as much detail about the contact with the officer as possible including how the traffic stop was initiated and what was discussed with you and the officer. I suggest that this narrative statement be typed and double spaced so as to leave room for the OVI lawyer to make notes if need be.

   By giving the OVI lawyer lots of information, he/she can begin a thorough representation.