Criminal Law

Why is my OVI sentence different than someone else’s?

There are many reasons for this. I have heard many stories from people that think they got a fair deal and left court happy only to call me weeks or months later and ask why someone they met at a Driver Intervention Program told a story about getting lesser penalties. They always ask why they… read more

Difficulty Of Medical Condition DUI Defense

So you have a medical condition? You think that handing your lawyer 10 pages you printed off the internet or that you received from a hospital or doctor will get your case dismissed? Think again. Most prosecutor’s will not care what is wrong with you more than wondering what kinds of treatment they need to… read more

Habitual Traffic Violations (HTV)

In Indiana, when you are charged with a DUI/OWI offense, you are facing more than just a license suspension from the Court. If you are convicted of a DUI/OWI, you could potentially be facing a maximum license suspension of up to 2 years. If persons were serious injured or killed, the suspension could be as… read more

What if you get pulled over on the highway by a police officer who is not Highway Patrol?

Well, the Ohio State Supreme Court addressed this question and determined that, in some cases, a non-highway patrol officer cannot initiate a traffic stop, conduct a search and make an arrest on an interstate highway in Ohio. In The State of Ohio v. Brown, decided last year, the Supreme Court considered a case where a… read more

The importance of appearance in the courtroom

For two and a half years, I was a prosecutor for the City of Cincinnati.  That means, for two and a half years, I spent every day in the Hamilton County Courthouse.  Just being in the courthouse is a sensory overload… You hear things you wish you hadn’t, you smell things that words cannot describe,… read more

Getting the jury to say not guilty on an OVI charge at trial

The police through training and experience will try to use a list of buzzwords in their report to justify your arrest. They love to say things like: strong odor of alcohol, slow to pull over, driving outside the lane lines, bloodshot watery eyes, slurred speech, poor performance on field sobriety tests, confused, etc. Every one… read more

The New 10-year look back

Recently, the Kentucky legislature has changed the Kentucky DUI statute to expand the time period where a prior DUI conviction enhances the penalty for a subsequent DUI. In the past, the ‘look-back period’ as it is known, has been 5-years. In April 2016 Governor Bevin signed SB 56 changing the 5-year look-back to 10-years. This… read more

Say no to lower legal limits

The National Traffic Safety Board or NTSB is again asking states to modify the drinking and driving laws. This is the same thing Ohio did 15 years ago when they amended the legal limit from .10 to .08. I don’t think that it is a good idea. They claim that it is because they have… read more

Officer did the defendant make any statements or answer any questions?

As a prosecutor, on any case, the first thing I always asked the arresting officer was “did the defendant make any statements or answer any questions?” Why? Because that’s the best place to start and easiest way to get admissions of guilt or liability. Think about it: when someone is pulled over for speeding, and… read more

When no driving means no driving

In Indiana, being charged with an OWI will have major consequences in your life. One of the biggest consequences is having your license suspended. When you are charged with OWI, you can have your license suspended for two reasons: 1) you refuse to take any requested chemical test (breath, blood, or urine); or 2) you… read more