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OH DUI/OVI News
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.
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.
Do you need to hire a DUI Lawyer in Ohio?
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.
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.
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.
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.
Ohio County Crushes Truck of DUI Offender
Vehicles used in a crime could be crushed after being confiscated
A repeat Ohio DUI-OVI offender got to watch his older pick-up truck get flattened courtesy of the local government. After the man was convicted of his ninth drunk driving charge, Athens County, Ohio officials seized his truck, an option when a vehicle has been used in a crime.
Usually such property are sold, though occasionally the resale value of a vehicle is low and the county opts for destroying it.
The owner of the truck was arrested for DUI-OVI after running off the road and nearly striking a building. Police found a bottle of vodka under the seat and the driver registered a blood alcohol content twice the legal limit. Besides his ninth DUI-OVI, it was the driver’s third felony drunk driving charge.
The county prosecutor plans on recording the vehicle crushing and using the video in a public service announcement warning about the dangers of drunk driving.
Ohio DUI Case Impacted by Police Errors
Judge throws out key drunk driving evidence
The DUI defense of Lawrence Prather was boosted by a judge’s decision to prevent the introduction of key drunk driving evidence. Summit County Common Pleas Judge Judy Hunter issued her ruling to dismiss blood test results from trial in response to a series of errors on the part of law enforcement.
Prather, of Akron, Ohio, lost control of his vehicle and crashed shortly after leaving a party with friends. His passenger, Dustin Kalstrom, was killed in the accident. Prather was taken by ambulance to a local medical center with non-life threatening injuries.
Though a blood sample indicated that Prather’s BAC was twice the legal limit, prosecutors were kept from introducing that evidence because Akron Police failed to collect the sample within a time frame mandated by law. Court records show that police missed a statutory two-hour deadline by 21 minutes.
Ohio law specifies the time limit so an accurate blood alcohol level can be determined closest to the time of a suspected alcohol related accident. Earlier this year, state legislators amended the law, increasing the time frame for blood collection to three hours. Because Prather’s accident occurred prior to the new law, however, it has no bearing on his case.
The errors on the part of the Akron Police did not stop there. They did not mail Prather’s driver’s license to Ohio Bureau of Motor Vehicles in Columbus within a mandated 48 hours so it could be suspended. That allowed Prather to continue driving while his DUI case is pending in court.
The mother of the accident victim, Doris Kalstrom, laments the mishaps, saying, “It's more frustrating than anything else. Mistakes were made, and nobody seems to be trying to correct them.” Her frustration stems not only from her tragic experience but also from the knowledge that law enforcement officers do not seem to be learning from the past.
In a DUI related accident prior to Prather’s, Akron police collected blood samples at a medical center that does not have a lab certified by the Ohio Department of Health. The law requires lab certification before collected evidence can be admitted in a court of law. As a result, county prosecutors were forced to negotiate a plea agreement with DUI defense attorneys.
Though informed of this error by prosecutors and given the location of a certified lab, Akron police returned to the same medical center in the Prather case. DUI defense attorneys would have been able to void the results, even if the collection of Prather’s blood had taken place within the mandated time frame.
Prosecutors have asked the judge to reconsider her ruling, but there are no plans to appeal her decision to a higher court.
Cincinnati Bengals' Football Player Arrested for DUI
Linebacker over twice the legal alcohol limit
Ohio DUI Defense Fails to Get Dismissal
Ohio DUI Defense Fails to Get Dismissal Based on Time Prosecutors Given Time to Pursue Criminal Cases During Retrial
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