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Posts tagged "Wadsworth DUI Attorney"

DUI Blood Testing Requirements

On February 10, 2016, the Ohio Supreme Court issued a decision on DUI blood testing requirements. In this latest case, the Ohio Supreme Court had to decide if the police substantially complied with the Department of Health regulations.  The substantial compliance standard was created by the Ohio Supreme Court years ago.  Some argue that the substantial compliance standard provides rational flexibility while others argue that it allows court to ignore serious forensic errors by the police.

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New Ohio Criminal Mental State Requirements

In 2014, the Ohio Legislature passed into law new Ohio criminal mental state requirements. This new law required any criminal laws passed after December 19, 2014, to contain a mental state or a guilty mind as an element of the offense.  This means the new crime must include the requirement that the accused committed the act recklessly, knowingly or intentionally.  Acting recklessly, knowingly or intentionally is acting with the mental state required as part of the offense.

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Wadsworth DUI Attorney

A Wadsworth DUI attorney handles OVI cases, as defined in R.C. 4511.19, physical control cases, as defined in R.C. 4511.194, and baby DUI cases, as defined in R.C. 4511.19. OVI cases typically consist of two separate charges:
  1. The OVI charge, which alleges that the person operated a vehicle under the influence of alcohol, a drug of abuse, or a combination of them; and
  2. The BAC charge, which usually alleges that the person operated a motor vehicle with a blood alcohol concentration of .08 or more, which is determined by a breath sample, or an equivalent amount by blood serum or plasma or urine, as well as levels of various drugs.
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