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Ohio Supreme Court Suppresses Results of Intoxilyzer 8000 As Sanction for Failure to Turnover Discovery
In the case of Cincinnati v. Ilg, the suspect was in a one car accident. The police suspected that he had a prohibited amount of alcohol in his system and tested him using the Intoxilyzer 8000. Mr.Ilg’s attorney filed a Criminal Rule 16 discovery request with the trial court. The suspect, through his attorney, requested… Read More »
What Does the Fourth Amendment Say and How Does it Protect Me in a Drunk Driving Case?
The Fourth Amendment to the U.S. Constitution protects us from unreasonable searches and seizures by the Government. The Fourth Amendment provides: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported… Read More »
What Constitutional Amendments are Important in a Drunk Driving Case?
Though many would argue (including this author) that the source of our rights comes from our Creator, everyone would agree that the modern legalistic basis for our rights as Americans is the U.S. Constitution. That document contains several Amendments, known as the Bill of Rights, which strictly forbid the exercise of certain types of power… Read More »
When Has an Off-Duty Police Officer Made an Arrest?
As you know from reading earlier posts on this site, if the arresting officer wants to be competent to testify against the suspect, the officer must be in the proper uniform of the day and must be in a marked police cruiser. But what actions by such officers constitute arrests? The case law is fraught… Read More »
How Much Will It Cost Me to Be Represented by an Attorney in a Drunk Driving Case
I normally charge $1500.00 to represent a defendant in a drunk driving case if it is for a first offense. If we are talking about a second offense, or if the person tested over .180 then I normally charge $2,500.00 since there are other more complex issues that come into play involving sentencing and proof. … Read More »