DUI
OH DUI/OVI News
Police Shift Tactics Against Ohio DUI/OVI
Roving patrols allow police to cover larger area seeking drunk drivers in OH.
Law enforcement agencies across the state are regularly employing a different tactic in their pursuit of suspected drunk driving in Ohio. Police are utilizing saturation patrols, rather than sobriety checkpoints or speed traps, to target OH DUI. This past Fourth of July holiday saw just such plans put into effect by both state highway patrol and sheriff’s department troopers.
DUI checkpoints have been a common tool of law enforcement since being allowed by a 1990 U.S. Supreme Court decision. However, it is required by law that the location of such checkpoints be made public in order to balance constitutional rights against unreasonable searches and seizures.
Saturation patrols allow officers to cover a much larger area and to less obtrusively target locations with statistically higher numbers of arrests for driving under the influence on Ohio. In addition to searching for signs of impairment, the patrols use moving violations such as not wearing seatbelts, breaking traffic laws and failure to maintain proper speed to initiate a traffic stop.
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Eric Carmen Sentenced to Jail for Ohio DUI
Former 'Raspberries' singer to spend 30 days behind bars.
Eric Carmen was sentenced to 180 days in jail for driving under the influence in Ohio, though he will only be required to serve 30. The judge showed little leniency however in doling out additional penalties.
Carmen was arrested for OH DUI in the Cleveland area after crashing into a fire hydrant. He reportedly handed the officer a credit card instead of his driver’s license. His blood alcohol content registered .23%, nearly three times the legal limit for intoxication.
Carmen was also fined $1000, charged $362 for court costs, ordered to enroll in an alcohol treatment program, required to install an ignition interlock device and ordered to begin his jail sentence on April 25. He lost his driver's license until September 9 and will have to undergo regular testing to ensure that he does not drink alcohol for 12 months.
This is Carmen's second offense for drunk driving in Ohio. In 2007, Carmen was arrested after striking a mail box and a sign.
Carmen is the former lead vocalist for the 'Raspberries', recording the band’s biggest hit 'Please Go All The Way'. He also recorded the 80's hit 'Hungry Eyes'.
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Ohio to Buy Controversial Breath Test Device
Allegations of bid bias are raised.
The Ohio State Controlling Board authorized the purchase of 700 Intoxilyzer 8000 machines for testing blood alcohol content of motorists suspected of Ohio DUI. Nearly $7 million in federal grant money will be used to purchase the portable breath testing devices. The described intent of the purchase is to standardize the breath test equipment and procedure used to help catch drunk drivers in Ohio.
Concerns were raised during the decision making process because the manufacturer of the Intoxilyzer 8000, CMI Inc of Kentucky, is involved in several law suits with states over the equipment’s software. A suspicion of bid rigging has also been raised because the Ohio Department of Health official who wrote the state’s specifications for the device is friends with the president of CMI. An Ohio based firm that had previously supplied law enforcement with such equipment was excluded from the specification process. In fact, the process reportedly excluded all competitors.
The State Controlling Board voted unanimously to approve the acquisition. While acknowledging that the departments of health and public safety could have made a better case for the Intoxilyzer 8000, the legislators thought there was no reason not to buy the devices.
The Intoxilyzer 8000 will first be put into use in southwest Ohio. The handheld device will replace larger units now used to test for driving under the influence in Ohio.
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New Breathalyzers Considered for Ohio DUI
Plan is to standardize breath testing equipment for testing drunk drivers in Ohio.
The Ohio Controlling Board a considering the purchase of new breath testing equipment for the state. The goal is to standardize the equipment used when testing driver’s for suspicion of driving under the influence in Ohio. Currently law enforcement agencies use a series of devices and techniques to test blood alcohol content or BAC. Both the Ohio Department of Public Safety and Department of Health are asking for the state to buy 700 Intoxilyzer 8000 machines. The Ohio State Patrol has also approved of the standardization of all breath test equipment for Ohio drunk driving tests.
The two state agencies say that the Intoxilyzer has been tested in a range of temperatures and climate conditions and been found to perform well. The concern is that the equipment has been the focus of several lawsuits recently. Judges in Florida, Arizona and Minnesota have ordered CMI, the Kentucky manufacturer of the Intoxilyzer 8000, to release the software code. To date the company has refused to do so and large penalties have been accrued. The software is the center of an on-going debate as to the accuracy of the breath test. Rather than being a static test with a single code version, each state has the latitude to define tolerances it finds acceptable. Drunk driving defense lawyers have challenged those variables and also claim that the manufacturer has changed the software authorized by the states without their knowledge or permission, leading to the possibility of false BAC readings.
Ohio Controlling Board is expected to announce a decision today.
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Liaison to Ohio DUI Task Force Busted for Drunk Driving
Police officer also charged with having a loaded gun during DUI arrest.
Lt. Terrell LaTour, with the Sharon Township police department, serves on the Franklin County DUI Task Force. He was stopped for traffic violations around 2:30 am in a Columbus suburb last weekend and charged with driving under the influence in Ohio.
LaTour, 52, refused to submit to field sobriety tests or blood alcohol tests, and his driver’s license was immediately suspended. He was charged with speeding, Ohio DUI, failure to signal, failure to stay in his lanes. Because he was in possession of a loaded .38 caliber pistol while intoxicated, he was also charged with felony improper handling of a firearm.
The Sharon Township police chief has not issued a comment. LaTour is due to be arraigned in Franklin County Municipal Court August 15.
Have you been arrested for OVI in Columbus, Ohio? You need to hire a Franklin County, OH DUI Lawyer.
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Cops Cheat on Ohio DUI Exam
Troopers shared answers on Breathalyzer certification test.
An organized cheating scandal has been exposed at an Ohio state highway patrol post. The troopers were sharing answers to an examination to become proficient in the use of breath testing equipment. That equipment is used in cases of suspected drunk driving in Ohio.
Only troopers who have certification from the Ohio Bureau of Alcohol and Drug Testing are allowed to administer a breath test, and officers must pass an annual written renewal exam.
In March of 2007 a trooper taking the 50 question, multi-choice test photocopied the test and his answers when the test administrator left the room. That trooper then shared his copies with other troopers scheduled to take the test. The scheme was discovered when a trooper was caught using a cheat sheet during the exam this year. The test is reportedly not that difficult, so there was dismay when an investigation revealed that troopers were even copying incorrect answers. Even though the investigation has focused only on state troopers to this point, there are allegations of cheating at several local law enforcement agencies.
The cheating was so rampant and open that state highway patrol superiors knew of the exchange of test answers.
The Ohio Inspector General has expressed concern over the public perception of the cheating, especially how it may call into doubt the validity of breath tests administered during a traffic stop for driving under the influence in Ohio. Under Ohio DUI laws being found guilty of Ohio DUI/OVI can rest solely on the evidence produced from a breath test for blood alcohol content. Having a trooper who is not proficient in the application of the test could result in a false reading would lead to a false arrest and substantial costs, fines and consequences.
The state has changed the test questions and instated a rule that the test administrator remain in the testing room. Those caught cheating have been given either an oral reprimand or a three day suspension.
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Prosecutor Objects to Sealing of Candidate’s Ohio DUI Arrest Records
Candidate for County Commissioner must have felony record sealed in order to hold office.
Jefferson County prosecutor Tom Straus has filed an objection over the sealing of the arrest record of Steve Vukelic. Vukelic is running for the position of County Commissioner, but he has two misdemeanor arrests for drunk driving in Ohio and a felony charge that allegedly involved the bribing of public officials. According to Ohio law, he cannot hold office unless the record is sealed.
The prosecutor stated that the court does not have the authority to seal the record because of the convictions for driving under the influence in Ohio. That is not allowed under new Ohio law.
Vukelic acknowledges the DUI arrests though he says one was expunged. He also disputes the petition’s claim that his felony conviction involved bribery. Vukelic plans to address the issue at a county commissioners meeting, and he says he ultimately hopes the voters have the opportunity to decide if they want him to hold office.
If you have been arrested for drunk driving or OVI in Ohio, you will need to hire a DUI lawyer in Ohio for legal representation.
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Ohio Woman Has DUI Thrown Out
Court reverses conviction because traffic stop was not justified
Jodirae B. Brown of Cortland, Ohio had her DUI conviction overturned by the 11th District Court of Appeals. The reason cited was a lack of sufficient evidence to warrant the traffic stop that lead to the arrest.
Brown was charged with drunk driving three years ago by a Liberty police officer for allegedly driving ‘somewhat erratic’. The officer said he stopped Ms. Brown around 2:00 am for a marked lane violation, though in cross-examination at a suppression hearing held in Girard Municipal Court he admitted that Brown had stayed entirely in her lane.
The court ruling stated, “In this case, the record does not reveal any [indication] of erratic driving behind some modest weaving by Mrs. Brown in her own lane of traffic.” The Ohio DUI charge against Brown was ordered returned to the Municipal Court so they can proceed in line with the Appeals Court ruling.
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Proposed Ignition Interlock Devices Could Mean Jail for Innocent Motorists
Columbus Ohio DUI lawyer Brad Koffel claims equipment is not relaible
The Ohio legislature is considering a bill that would require the installation of an alcohol ignition interlock devices in vehicles owned by those convicted of drunk driving. The idea is receiving a generally favorable response from the public, though DUI defense attorneys want to make sure everyone knows the downside of the equipment. Specifically the possibility of false readings that could result in an innocent motorist being jailed for probation violation.
Columbus DUI lawyer Brad Koffel has successfully challenged the accuracy and reliability of ignition interlock devices in court. Koffel states, “these small machines are not specific for alcohol, are too sensitive to outside temperature changes, are not compatible with new electronics in newer car models, are easily tricked, provide more false positives than true positive results, and that is before you get around to the lack of training for the folks who are installing them for the courts.”
DUI defense lawyer Koffel recently represented a businessman who was ordered to install an ignition interlock device in his vehicle after being convicted of an Ohio DUI. The client had dutifully used the equipment for 10 months before attempting to start his SUV. The company that installed and monitors the device then sent a letter to the courts saying that Koffel's client had failed two times. That suggested the motorist had consumed alcohol before attempting to start his vehicle. Despite his denials of drinking and driving, he faced almost six months in jail for violating the terms of his probation.
An investigation conducted by Koffel showed the interlock device had actually recorded 35 'failures', not two, indicating persistent, questionable readings from the equipment. The president of the interlock company admitted that many foods, other than alcohol, can cause false positives. Fortunately, one of the 'failures' was recorded when the accused motorist was documented as being in Koffel's office.
As a result of Koffel's findings, the presiding judge in the case ordered the immediate removal of the ignition interlock device from the defendant's vehicle. In his summary, the judge questioned the science and legitimacy of the devices.
The unreliability of ignition interlock devices is resulting in unusual actions on the part of motorists. Koffel says, “We are learning that clients are simply leaving their vehicles on with the doors locked instead of turning off the vehicle and running the risk that it will take 15 – 90 minutes for the interlock to permit them to start the vehicle again.” Koffel and other Ohio DUI defense attorneys hope that legislatures fully investigate the reliability of the equipment and question the claims of manufacturer's before passing a law that could result in people being wrongly accused of violating their probation and being sent to jail.
Brad Koffel limits his practice to DUI defense. He is a member of the Ohio Association of Criminal Defense Lawyers DUI / OVI Task Force. Mr. Koffel can be contacted through dwi.com/ohio/franklin-county.
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Lead Singer of Popular 70’s Band Charged with Ohio DUI
Eric Carmen stopped in Gates Mill for drunk driving
Eric Carmen, lead singer of ‘The Raspberries’ was arrested for Ohio DUI.
Gates Mills Police officers said Carmen, 57, was stopped around 9:30 p.m. Witnesses reported that Carmen's Lexus sport utility vehicle was all over the road and that he hit a mailbox and a sign.
Carmen was part of ‘The Raspberries’ from Cleveland, Ohio, which recorded 70’s hits "Go All the Way" and "I Wanna Be With You." He went solo in 1975, and his first album included the hit "All By Myself." He also contributed "Almost Paradise" for the "Footloose" soundtrack.
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