New Year’s Celebrations Brought DUI Arrests
Ten people were killed on Ohio’s roadways during the 2016 New Year’s Holiday.
Ten people were killed on Ohio’s roadways during the 2016 New Year’s Holiday. During this four-day reporting period beginning December 31 and ending January 3, troopers arrested 438 drivers for impaired driving.
The Ohio State Highway Patrol and local police enforcement make every effort to ensure safe driving conditions. If you have been arrested, and have found yourself charged with a DUI, we invite you to contact our offices to ensure your future remains secure.
With courtroom experience that is unparalleled, our offices never close so you can call us at any hour, any day.
Ohio State Highway Patrol Initiative Leads to Increase in OVI Arrests
In an effort to crack down on drunk driving and enforce safer roads, the Ohio State Highway Patrol launched the 6-State Trooper Project.
Dedicated to removing impaired drivers, the 6-State Trooper Project has led to 399 OVI arrests.
In an effort to crack down on drunk driving and enforce safer roads, the Ohio State Highway Patrol launched the 6-State Trooper Project.
Considered to be a high-visibility enforcement launch, the Indiana State Police, Kentucky State Police, Michigan State Police, Ohio State Highway Patrol, Pennsylvania State Police and the West Virginia State Police all joined forces from December 4th through December 7th and 796 OVI arrests were made across the six states. In Ohio, this marks an 81% increase from 2013 and a 41% increase from this same initiative launched in 2014.
“We are committed to working with our neighboring states for effective and meaningful change on our roadways,” said Colonel Paul A. Pride, Patrol superintendent.
The offices of Lipson O’Shea are always open. No matter where you are or what time of day, we will be ready to give you the legal counsel you need in all DUI and OVI matters.
Ensure all New Year’s Eve Guests are of Legal Drinking Age
This New Year’s Eve, take caution and be aware that there are severe consequences for supplying alcohol to underage drinkers.
This New Year’s Eve, take caution and be aware that there are severe consequences for supplying alcohol to underage drinkers.
Last year, a mother was charged after she supplied alcohol to her daughter and her friends, which led to a fatal crash after the party.
“This is a real tragedy that could have been prevented,” said Agent-in-Charge Harold Torrens.
“Parents need to realize there are consequences to providing alcohol to underage individuals.”
The Ohio Department of Public Safety’s Ohio Investigative Unit is diligent about working to fight against illegal drinking. Often plain-clothed police officers, they use trace-back investigations to investigate the source of alcohol, and to discover whether was sold or provided to an underage individual following an alcohol-related incident.
The presence of alcohol in fatal crashes continues to be a significant problem in Ohio. Retailers and those over 21 are reminded to never provide or sell alcohol to an underage person. Doing so could result in criminal charges or result in administrative charges against the liquor permit.
Thanksgiving Eve DUI’s
Last year, Ohio saw 27 alcohol-related deaths between Thanksgiving and New Year’s. As this night presents an opportunity for drinking and celebrating, it is essential to be prepared with the reality that police officers will be out in full force monitoring the roads for drunk drivers.
The night before Thanksgiving has been known to be one of the most popular for drinking. Many students return home and are reunited with old friends, and families join together and often go out on the eve of Thanksgiving.
In 2014, Ohio saw 27 alcohol-related deaths between Thanksgiving and New Year’s.
Last year, Ohio saw 27 alcohol-related deaths between Thanksgiving and New Year’s. As this night presents an opportunity for drinking and celebrating, it is essential to be prepared with the reality that police officers will be out in full force monitoring the roads for drunk drivers.
“The holidays are a joyous time of year, filled with celebrations, time with loved ones and good cheer, but one bad decision can change everything,” said ODPS Director Thomas P.Charles. “I urge everyone to make good, sound decisions when it comes to safe and sober driving this holiday season.”
In addition to celebrating and enjoying time with family and friends, take the proper steps to ensure you have a sober driver, or call a cab or Uber to ensure your holiday season starts off without a DUI arrest.
“We are urging motorists to make smart decisions and designate a sober driver or call a taxi to ensure that everyone makes it home safe,” said Colonel John Born, Ohio State Highway Patrol superintendent. “If everyone does their part, we can save many families from the heartache of losing a loved one.”
Halloween’s Frightening DUI Statistics
Halloween night is known to be one of the scariest, but did you know that it can also be one of the most dangerous with drunk drivers on the road?
Halloween night is known to be one of the scariest, but did you know that it can also be one of the most dangerous with drunk drivers on the road?
According to the National Highway Traffic Safety Administration, 48% of all motor vehicle traffic fatalities on Halloween night involved a drunk driver, with 26 people killed in drunk-driving crashes on Halloween night in 2012.
The Ohio State Highway Patrol makes every effort to keep drivers and children safe on Halloween night. "We obviously focus on the night of Halloween because it’s become a very busy night from the parties. So we ask people to go have a good time and just don't drink and drive."
In addition, agents with the Ohio Investigative Unit are reminding everyone who is under 21 that it is against the law to purchase, possess or consume alcohol. It is also illegal to furnish alcohol to anyone who is underage or intoxicated. This Halloween state and local law enforcement will be out in full force cracking down on drunk drivers with an aggressive Drive Sober or Get Pulled Over enforcement effort.
“There isn’t a Halloween costume clever enough to hide an impaired driver who’s made the poor decision to get behind the wheel,” said Reed Richmond, Health Educator at the Mansfield/Ontario/Richland County Health Department and a Safe Communities spokesperson. “Whether you’ve had one too many or way too many it is just not worth the risk. Remember, Buzzed Driving is Drunk Driving.”
As reported by 19 Action News, AAA also has some insights to offer for the safety of young trick or treaters. "On Halloween, drivers need to be especially vigilant between the hours of 4 p.m. and midnight, when pedestrians are most vulnerable," said Sharon Gilmartin, AAA research analyst. "While trick-or-treating, children may not pay attention to traffic and might cross mid-block or between parked cars, making them even more difficult to see in the dark."
To ensure a safe, fun Halloween for you and your family, here are a few safe tips for drivers and parents.
Back to school can mean back to underage drinking
It is no secret that many college students take the opportunity to drink when they return to campus, and many are not of the legal drinking age.
It is no secret that many college students take the opportunity to drink when they return to campus, and many are not of the legal drinking age.
In Ohio, the only legal way for a person age 21 or younger to have an alcoholic beverage is if their parent gives consent and is present when their child is drinking (4301.69(B) O.R.C.).
Otherwise, the student is breaking the law by drinking alcohol and can face penalties that include fines up to $1,000.00 and the potential for imprisonment up to 180 days.
This is certainly not the way any parent or student wants to spend their time in college, so it is important to explain to your college-bound student the penalties surrounding underage drinking.
Ohio drinking laws and penalties do not focus solely on an underage person consuming alcohol. It is also illegal for a person to purchase, sell or provide alcohol to minors under 21. Fines between $500-$1000 and up to six months of imprisonment can be enforced in these situations.
And let’s not forget the means by which many underage students purchase alcohol in the first place, by using a fake ID. This is considered to be a criminal offense with fines ranging from $250-$1000 and up to six months of imprisonment.
The issues surrounding underage alcohol consumption are very serious and can have severe and long-term implications for your student’s future, not only the infractions they may face from the university they attend, but also the legal ramifications from their choice to drink alcohol illegally.
Ohio Changes Open Container Law
Did you ever think it would become legal to leave a bar with a drink, walk outside and carry it with you? With the signing of House Bill 47, Governor Kasich has changed the law, allowing people to do just that.
It may soon be legal to carry an alcoholic drink outside
It has been standard practice in Ohio that one must drink alcohol on their property, inside a bar or restaurant and never outside walking around in public.
Did you ever think it would become legal to leave a bar with a drink, walk outside and carry it with you?
With the signing of House Bill 47, Governor Kasich has changed the law, allowing people to do just that.
The idea behind the bill that was signed into law by the governor is to create open-container districts, such as a designated area on East Fourth Street where patrons could buy a drink at one bar, continue to drink it outside on the street, and even carry it into another bar.
The stipulation is that open containers would only be permitted within these half-mile designated areas.
As mentioned in USA Today, the law allows towns with more than 50,000 people to create two zones and those with more than 35,000 people to create one, giving Cleveland two open areas for people to drink outside in public.
This population size would apply to approximately 60 Ohio cities that would now have exemptions under the new open container law.
The benefits for bar owner and customers are numerous, but with increased accessibility to alcohol comes a need for heightened security and police presence. Under this law, these designated outdoor drinking zones must include at least four alcohol permit holders, and can be no more than half a mile.
It remains to be seen the negative or positive implications from this new law, but it will certainly be an area of focus for increased drinking and police monitoring.
Labor Day Weekend Brings Greater Chance for DUI Arrest
Last year, Ohio partnered with the national Drive Sober or Get Pulled Over campaign, which utilized more than 8,400 hours from the highway patrol and nearly 100 other law enforcement agencies.
Last year, Ohio partnered with the national Drive Sober or Get Pulled Over campaign, which utilized more than 8,400 hours from the highway patrol and nearly 100 other law enforcement agencies.
This enhanced effort was meant to deter impaired drivers, and to also increase the number of police officers patrolling the road during one of the busiest travel weekends of the year.
"Impaired driving is a serious matter, and the patrol takes a no-excuses approach to addressing it," Col. Paul A. Pride, the patrol's superintendent, said in a statement. "Law enforcement will be out in full force to remove dangerous drivers from Ohio's roadways so you and your family can arrive home safely."
With over 34 million people traveling during this holiday weekend, it is essential to dedicate a sober driver. Along with increased traffic patterns and a stronger police presence comes greater opportunities for a DUI arrest.
over 34 million people will travel on labor day weekend.
Increase in traffic deaths prompts new road-side messages
Ohio has recently started an initiative focusing on safer driving with the creation and placement of 130 permanent signs to spread traffic safety messages such as “Drive Sober” or “Get Pulled Over.”
Ohio has recently started an initiative focusing on safer driving with the creation and placement of 130 permanent signs to spread traffic safety messages such as “Drive Sober” or “Get Pulled Over.”
The prompting came from an increase in traffic deaths which totalled 487 this year, 19% higher than in 2014.
The Ohio State Highway Patrol and the Ohio Department of Transportation have joined forces on this initiative, which utilizes ODOT digital message boards to rotate between two messages: the year-to-date number of traffic deaths of 2015 and a traffic safety message such as Drive Sober or Get Pulled Over.
It is no secret that driving while impaired significantly increases the risk of an accident for the driver, and for others on the road. During this past May, fatal crashes involving alcohol tripled, making the month of May the worst number of traffic deaths in a decade.
The message boards were posted before the July Fourth weekend, with the goal of spreading awareness and caution to any traveler considering drinking and driving. Last year, the Ohio State Highway Patrol made over 760 OVI arrests just in the four days surrounding July 4th.
What is “reasonable suspicion” and how can it affect a DUI case?
Many drivers are not aware that a police officer must have “reasonable suspicion” in order to pull over a vehicle.
Many drivers are not aware that a police officer must have “reasonable suspicion” in order to pull over a vehicle.
After being stopped for impaired driving, a police officer must then have “reasonable suspicion” that the driver is intoxicated in order to perform a field sobriety test. Without this “reasonable suspicion”, it is illegal for an officer to pull over a vehicle and to make an arrest.
A few examples of “reasonable suspicion” include: straddling the center line, an illegal turn, drifting from one lane to another, frequent braking and erratic driving. It is also important to understand that a DUI arrest can occur even when a driver is stopped for a completely different offense. For instance, a broken brake light would constitute sufficient grounds for a traffic stop. Once the officer suspects the driver is impaired, the field sobriety test is then administered.
It is essential to know what constitutes a legal traffic stop. Many times, even if a driver is in fact intoxicated, a DUI case could be dismissed if the officer did not have “reasonable suspicion” for the stop.
DUI Reduction Case
Our client who had been accused of a DUI recently received a reduction.
At our request, once the prosecutor looked at the video of the client performing the field sobriety tests, they agreed with us that the client did well enough on the video.
What really helped here was our clear understanding of how field sobriety tests are to be administered and how one must perform on them. This is a very happy client, as he could have lost his job with a DUI conviction.
DUI Charges Come with Harsh Punishments in Ohio
Ohio is known for having some of the strictest drunk driving laws in the country, primarily due to the administrative license suspension (ALS) law.
Licenses are revoked immediately for first-time and repeat drunk drivers.
Ohio is known for having some of the strictest drunk driving laws in the country, primarily due to the administrative license suspension (ALS) law.
Upheld by the Ohio Supreme Court in 1996, ALS states that any motorist who refuses to take a sobriety test, or who exceeds the legal limit, will lose their license immediately. While research shows that first-time drunk drivers tend to be nearly as impaired as repeat drunk drivers (with blood alcohol levels of 0.16%, compared with 0.18%), punishment for repeat drunk driving offenders are much firmer.
Additional laws passed in 1996 and in 2000 were enacted with the goal of minimizing repeat drunk driving offenses. Depending on previous offenses, a motorist can lose their license from 90 days to five years, and face fines between $200-$10,000 with the potential of jail time from three days to several years.
A 47-year-old Beaver Dam woman was recently sentenced to prison for 54 months for committing her sixth offense of operating a motor vehicle while intoxicated. Whether you are faced with your first DUI arrest or your third, the importance of having an experienced attorney cannot be overstated.
Is there a reliable way to measure your blood alcohol content?
10,076 people died in crashes involving an alcohol-impaired driver in 2013. This poses the question, is there a practical way that a driver can measure their own blood alcohol levels before getting behind the wheel?
Driving with a blood-alcohol content of 0.08 percent or higher is against the law.
According to the National Highway Traffic Safety Administration, 10,076 people died in crashes involving an alcohol-impaired driver in 2013. This poses the question, is there a practical way that a driver can measure their own blood alcohol levels before getting behind the wheel? With such a device, not only could one avoid a DUI, but they could also ensure safe road conditions.
Bactrack promises drivers a practical and accurate method of measuring blood alcohol levels
The Philadelphia Daily News recently featured a personal breathalyzer called BACtrack.
States Keith Nothacker, creator of BACtrack, “Would you drive a car that doesn’t have a speedometer? That’s the level of disadvantage we all used to have, that first got me working on this product. Truthfully, there isn’t a day when you shouldn’t be drinking and acting responsibly.”
If this product proves to be effective, the results from people using it could be dramatic. As Linda Sposato, a victim services specialist for Mothers Against Drunk Driving states, “DUIs and DUI crashes are one hundred percent preventable. We don’t need to go out and find a cure. We just need people to be responsible.”
Arrested for a DUI while sitting in a parked car
Many assume that a person must be driving a moving vehicle in order to be arrested. However, there are cases where a person is charged with a DUI even when the arresting officer did not witness the person driving.
Arresting officers do not always need to observe driving in order to issue a dui charge
Many assume that a person must be driving a moving vehicle in order to be arrested. However, there are cases where a person is charged with a DUI even when the arresting officer did not witness the person driving.
Take for example, the case of State v. Robinson, 2001-Ohio-1394. “Upon arrival, the Deputy found the Defendant in a vehicle that was pulled into a parking space in an apartment parking lot. The officers did not observe any driving by the Defendant.”
In this case, the defendant was involved in a single-car accident, admitted to consuming alcohol, failed the field sobriety test and told the officers that she needed to pick up her child at daycare.
While the arresting officers did not observe any driving of the vehicle, the arrest and DUI charges ensued.
Falling asleep in the drivers seat, sitting in a parked car, pulling over to the side of the road, and even changing a tire are all examples of various situations that could potentially lead to a DUI arrest. In each of these instances, the arresting officer determines that the driver had in fact operated the vehicle, or had every intention of driving the car.
If you ever have a question about your rights and obligations in a DUi case, call our 24/7 hotline at 800-529-1966.
Celebrate St. Patty’s Day With Caution
Festivities downtown and beyond are sure to bring good cheer to all, but be aware of reckless drivers and take care to avoid any drunk driving situations.
St. Patrick's Day in Cleveland holds many time-honored traditions for the faithful Irish and locals.
Festivities downtown and beyond are sure to bring good cheer to all, but be aware of reckless drivers and take care to avoid any drunk driving situations.
- Uber: A great way to arrange a car ride to the parade, and by using the code JACKPOT, your first Uber ride up to $25 is free.
- RTA: This is the Greater Cleveland Regional Transit Authority’s busiest day of the year, so the RTA makes many accommodations for this day and offers an easy way to plan your route.
- Westlake Cab: Services are available 24/7.
Enjoy the St. Patty’s Day Parade Safely
Ohio’s oldest parade, Cleveland’s St. Patrick’s Day Parade typically hosts over 300,000 attendants. Many are already planning to join this year’s festivities on Thursday, March 17. The parade boasts over 10,000 people participating in the parade route.
Such a large-scale event comes an increased police presence, and an increased risk for a DUI arrest. A combination of DUI checkpoints and saturation patrols will be actively seeking drivers who are impaired. Elyria police are increasing drunken-driving enforcement for St. Patrick's Day as a result of receiving a federal grant. Last year, the Cuyahoga County DUI Taskforce joined forces to ensure safe driving.
If you are not attending St. Patrick's Day festivities, be aware of recklessness on the roads. For more advice on DUI laws, contact Lipson O'Shea Legal Group.
Take the RTA, Uber or a cab if you plan on participating in St. Patty's Day celebrations
“We see all too many DUI cases as a result of St. Patrick’s Day revelry. Please, don’t drink and drive. ”
What is a "dram shop" lawsuit, and what is involved?
In the past, we have successfully maintained suits against liquor establishments for selling/furnishing alcohol to a noticeably intoxicated person - who, after leaving the establishment (or while still on the premises), caused injury to others. This often happens in DUI related auto accidents (sometimes it applies to bar fight cases too). When there is insufficient auto insurance to cover the auto accident injuries (be it the insurance of the drink driver or the "under" insurance of the injured person), lawyers are required to see of the person or establishment serving the DUI driver furnished alcohol to that driver when that driver (while at the establishment) was noticeably intoxicated. This is not an easy thing to do (although, with lots of work, we have been able to do so). An Ohio statute covers the law in this area. A recent case out of Franklin County explains the legalities and complexities of these types of cases. In Piras v. Screamin Willie's, 2015-Ohio-255, the Court of Appeals in Franklin County discussed how a bar/restaurant can be held liable for injuries caused by a patron who was served alcohol despite the fact that the patron was "noticeably intoxicated." The Court held:
- “For a claim to arise under R.C. 4399.18, noticeable intoxication must be evident at the time of service….[the defendant's] obvious intoxication at the accident scene and hospital does not provide, absent additional evidence, that he was noticeably intoxicated hours earlier when he placed orders at the bar.”
We have, in the past had to hunt down cash register receipts and interview other bar/restaurant patrons to finally discover how intoxicated the defendant was while the defendant was still on the premises of the bar/restaurant. Magnum PI results matter here.
Be careful out there. Don't hesitate to tell the bar/restaurant manager that a patron has had too much.
DUI protections for our clients
DUI cases are complicated.
The economic impact on a client can be huge (i.e. fines, attorney fees, loss of employment and insurance costs, etc). Further, some clients have huge issues with their employment if they are even accused of a DUI offense.
Recently, we had to assist two clients with a number of these important legal and economic issues. The first was a husband and father who had never been in trouble in his life. One night, in a moment of very bad judgment, he decided to drive home from a party where he had been drinking very heavily. On his way home, he lost control of his car, and went into a ditch.
Before his car left the road, he hit a mailbox - which flew through the air and hit an elderly man in the leg (taking out his garbage), breaking the leg of the elderly man. Because of how the law worked, this husband/father (and owner of a small family business which supported the family and others) was facing a minimum of one year in prison.
However, because of some issues we were able to locate in the arrest procedure, we were able to negotiate a much lower sentence, and the client did not have to report for that sentence until after the holidays. This way, he can ready his family and his family's business for the time he will have to spend in jail. This was huge to the client and his family.
The second was a woman who is in the last months of her nursing degree. She is currently employed as a RN-in-training (big hospital), and the OVI arrest has frightened her about her RN employment possibilities. Due to some issues we were able to locate in connection with the arrest, she was offered a plea to a reckless operation - a huge reduction for her.
This will look much better on her driving record - and should provide her with a significantly strong explanation to any current or prospective employer about what happened on one, out-of-the-ordinary, night.
As we stated above, it is important to look at all of the personal and economic impacts a DUI arrest has on a client. Its not always just about the law and the police report.
Still another DUI reduction for us last week
We had another change to identify some leverage for a client last week, this time resulting in a plea bargain which permitted our client to get a reduction on his DUI charge.
Finding the right objective basis for getting a reduction in a DUI case is getting harder these days, and we were encouraged that we were able to get it done - and that we got it done with the agreement of the prosecution.
Given what the DUI conviction would have done to the occupation of the defendant, this one time mistake (and we mean "one time") by the client was extremely important to him.
I am sure the client would be the first to tell anyone not to get into the same trouble he temporarily found himself in. He had really learned a valuable lesson from the whole experience.
Another DUI Reduction for Us Last Week
Last week we obtained another reduction in a DUI case - this time involving a person under the age of 21 (it gets more complicated when the defendant is under 21 years of age).
This person is still in college, and the reduction was very important to this person who will soon have to go out and try to get employed post-graduation.
Like many people that age, this person was on the way from a concert when pulled over by the police - who were just doing their job.
All involved here (including the police and the prosecutors) were very professional. What a relief to this young adult and and the parents.
Happy New Year to that family and to yours.
Remember, the police will be out in full force this time of year. Don't take any chances.
OVI Reduction Today
We do a large amount of OVI defense work. Sometimes you really have to dig to find the fleas on an OVI case. Today, we found some - and were able to use that discovery to cordially negotiate a reduction for that client. It was his first (and, for what I see, his only) OVI arrest. He really felt terrible about the arrest, and even felt bad about asking a lawyer for help (that it was something somewhat immoral to do). The cops who made the arrest are good guys and did what they thought was right under the circumstances. Ohio law, however, puts many requirements on police when they conduct OVI arrests - and sometimes even the best cops make a mistake. Even the police officers seemed OK with the reduction under the circumstances. All shook hands when we left the courtroom. A good and professional day for all. We can't emphasize enough how much professionalism and courtesy can go along way in many cases.