Posts filed under Sobriety Test

New Case Makes Ohio DUI Cases Tougher to Defend

Imagine you are ordered into the front seat of a cruiser after a traffic stop. The average person would believe they are in police custody and not free to leave, right? And because you are in custody, the police cannot ask questions without advising you first of your Miranda Rights. But this week, the Ohio… (read more)

Can I Be Charged with D.U.I. in Columbus, Ohio while Just Sitting in My Car?

Last week, a former Ohio State football player and potential first round NFL draft choice was charged with D.U.I. when he was found sitting in a parked car in a downtown Columbus, Ohio parking lot.  The player was fully cooperative with the police and registered a negligible .008 on the Breathalyzer or almost 10 times… (read more)

DUI Field Sobriety Tests in Ohio and Marijuana: What is the Relevancy?

The standardized field sobriety tests (SFST) which are discussed in detail on a previous blog are routinely administered when a driver is pulled over for D.U.I.  The police will request that the driver perform three tasks: 1) the horizontal gaze nystagmus (HGN) which requires the following of a pen with your eyes while the officer… (read more)

Drive High and Get a DUI

The legalization of marijuana for recreational use in Colorado has raised some interesting issues.  The first issue is whether it is legal to smoke and drive.  Many people in Colorado who are enjoying this new liberty have mistakenly believed that the D.U.I laws pertain to alcohol only.  In response to this misconception, the Colorado Department… (read more)

DUI Checkpoint Tonight- North Hamilton Road

COLUMBUS, Ohio (WTVN) –Columbus Police will conduct a sobriety checkpoint in  the northeast part of the city Friday night into Saturday morning. It will be on North Hamilton Rd. and Menerey Lane, north of E.  Dublin-Granville Rd., starting at 9 p.m. and continuing until 3 a.m. “Since June, there have been two fatal crashes within… (read more)

Driving While Drowsy-Sleep Aid Prescriptions May Lead to a DUI

Late night TV is filled with commercials for a variety of sleep aids. Whether it is over the counter or prescription medication, these medicines help millions of Americans who struggle nightly with sleep disruptions.  It is no surprise that in  doctors write over 60 million prescriptions for sleep aids annually given recent reports linking sleep… (read more)

Drug Recognition Experts: An Effective Tool or Junk Science?

Imagine a situation where someone is driving erratically, crossing over lanes, swerving, and seems to be impaired.  Police pull this driver over and does a field sobriety test which includes a breathalyzer, but no alcohol is detected in their system because the driver didn’t drink alcohol, but took drugs instead.   If it seems the driver… (read more)

Columbus, Ohio DUI Checkpoint Tonight

With St. Patrick’s Day fast approaching, and green beer beginning to flow in Ohio, Columbus Police will be holding a DUI/Sobriety checkpoint on Sawmill Rd south of Dublin-Granville Rd. As reported by the Columbus Dispatch, the checkpoint is scheduled to be held from 9p.m. Friday March 15th through 3a.m. Saturday March 16th 2013.    … (read more)

What is “GERD” and is it relevant to my Columbus, Ohio DUI case?

Over 20 plus years as an Ohio Attorney, when representing people charged with DUI my clients often tell me that the breath test must be wrong and they did not drink enough to have a high breathalyzer test. If you, too, have been charged with a DUI in Columbus or Central Ohio, it is important… (read more)

Can the Police Pull You Over for Being a Buckeye Fan?

Buckeye leaf similar to the ones on Ohio State team helmets are commonly displayed by fans in various ways including sticking them to their car.

Apparently, being a Ohio State fan is not only an infraction in Michigan. Recently in Tennessee, a couple in their mid-60’s were driving down the highway with a Buckeye leaf symbol affixed to their car. They were stopped by a pair of black SUV’s containing officers wearing body armor and carrying guns (possibly a drug… (read more)