Criminal Defense Blog

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

What if a family member calls the police when another family member drives from the home after having been drinking?

Well, according to a recent Court of Appeals ruling, a wife’s call to a DUI hotline was not sufficient reason for a trooper to pull over her husband. In that case, the husband began packing his things and loading his car after he had been drinking and he and his wife were arguing. Despite being… read more

What is an aggravated DUI in Kentucky?

A DUI charge in Kentucky has two variables – the number of prior convictions in the past 10 years and whether or not an aggravating circumstance is present. Here are the aggravating circumstances under current Kentucky DUI Law: A refusal of a chemical test with a prior conviction in the past 10 years Causing an… read more

Can voluntary consent to search blood and urine be revoked?

Arguably, yes. I have a case now where a client was in an accident. The highway patrol asked him if they could take his blood and urine. He volunteered it. He was not under arrest for driving under the influence at the time. I spoke to the police and they did not notice any evidence… read more

Can You Get An OVI From Medical Marijuana?

On September 8, 2016, Ohio enacted House Bill 523 that allows a physician to prescribe medical marijuana. Ohio did not modify the OVI statute. In Dayton, you can be charged with OVI even if you are prescribed medical marijuana. Ohio calls a DUI an OVI, but it is really the same thing. You can read… read more