Legal Blog & Information

Multiple OVIs Mean Trouble for Columbus Man

Logan County resident Ronald Burk has found himself in a troublesome circumstance after being arrested for OVI twice in less than two hours. Sgt. John Godwin of the Logan County Sheriff’s Office pulled Mr. Burk over after observing him hit the curb at a Wal-Mart with his truck as he exited the Wal-Mart’s parking lot…. read more

What to Do at a Columbus OVI / DUI Checkpoint

They are a common sight on Columbus roads, especially during the summer months: OVI checkpoints. Even sober drivers cannot help but feel nervous at the sight of the warning cones and lighted signs that warn motorists of the approaching checkpoint. Sobriety checkpoints are a common method through which police attempt to find drunk drivers and… read more

Should I Refuse Testing if I’m Pulled Over for OVI / DUI

The flashing lights in the rearview mirror sent a shiver down Janelle’s spine. She had just come from a friend’s holiday party and knew she probably had too much to drink. But she didn’t think she was driving that poorly. Why was this officer pulling her over? She carefully pulled her car over to the… read more

Mental Illness Factories Infographic

US Prisons have become the de facto asylums for the mentally ill in America. As criminal defense attorneys, we are concerned that the mentally ill have become fixtures in the prison system, not receiving the help they need. We created this visualization to help you understand how this is happening. We wrote more about the… read more

DUI Like a Celebrity

If you have ever envied the lifestyle of a celebrity, there is one way you can have that experience. Go out and get a DUI. You may even get your picture on every site on the Internet, just like Justin Bieber. Step One – Smell the Part The first step is to take a big… read more

Celebrity OVI / DUI’s

Below is a list of some high profile people who have received DUI’s in the past.  Keep in mind, that over time, the laws have become harsher.  The recent tried in punishment is less tolerance and stiffer penalties for DUI / OVI offenders. George W. Bush, September 4, 1976,  who ultimately became President of the… read more

The Right Against Self Incrimination

One thing to keep in mind is that Miranda extends to misdemeanor offenses as well.  This was not always the case. Early on Miranda was not extend to OVI matters or to any misdemeanors in Ohio.  Thus, Ohio only applied Miranda to felonies.  This was decided in the case State v. Pyle.  The court in… read more

Probable Cause for Arrest After a Warrantless Home Entry in Ohio

The 4th Amendment affords the right “of the people to be secure in their person, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause.”  Thus, there is a presumption of unreasonableness for all warrantless entries into someone’s home.  The government may combat… read more

Probable Cause to Arrest for a Columbus, Ohio OVI After An Accident

It has been held in Ohio courts that an accident and an idea of alcohol is enough to establish probable cause to arrest. This was defined in State v. Hummel in which there was a motorcycle accident that was not observed and the motorcycle was lying in the middle of the road.  The defendant as… read more

Odor of Marijuana During a Columbus, Ohio OVI / DUI Arrest

It has been held by Ohio courts that the smell / odor of marijuana provides the reasonable suspicion of illegal drug activity that can justify in further detainment of a vehicle.  This would include calling for a drug dog as discussed in the last weeks blog.   Further, it has also been held that the… read more