As the number of trafficking and impaired driving offenses continues to escalate, it is important for practitioners to understand the current and evolving legal framework related to these offenses. This course provides detailed instruction regarding effective trial techniques. The course also examines current and evolving legislation.
The faculty will discuss the following:
- Pre-Trial Procedures
- Drug And Alcohol Testing
- Motions To Suppress
- Latest Revisions Of Ohio Traffic Law
- Field Sobriety Testing Update
9:00 a.m. - 10:00 a.m.
I. Pre-Trial Procedures In DUI Cases
A. The Initial Client Interview And The Importance Of Prompt Evidence Gathering
B. Pre-Trial Motions And ALS Appeal
C. Hidden Treasures Police Cruiser Videos, Booking Photos And Jail Intake Forms
D. Go To The Scene, Go To The Scene, Go To The Scene!
E. Examination Of Breath Machine And Maintenance Records
10:00 a.m. - 11:00 a.m.
II. Drug Testing In The State Of Ohio
A. General Concepts For Lack Of Correlation Of Urine Drug Concentrations To Impairment
B. Specific Aspects Of Drug Testing
4. Morphine/Hydromorphone/Oxycodone et al.
III. Alcohol Testing In The State Of Ohio
A. The Ohio Department Of Health's Alcohol Testing Regulations
B. Problems/Lack Of Scientific Reliability
11:00 a.m. - 11:15 a.m.
11:15 a.m. - 12:15 p.m.
IV. Motions To Suppress
A. Objective(s) Of The Motion To Challenge:
2. Probable Cause To Arrest
3. Other Evidence/Statements Obtained As The Result Of A Warrantless Search Of Defendant's Person Or Vehicle
4. Breath/Blood/Urine Tests
B. Content Of The Motion
1. Breath Test Case
2. Blood Test Case
3. Urine Test Case
4. Refusal Case
C. Preparation For The Motion
1. Video Tapes
2. Written Statements Of Officer
3. Photos Of The 'Crime Scene'
D. Necessity Of The Motion
1. Does Failure To File A Motion To Suppress = Malpractice?
12:15 p.m. - 1:15 p.m.
Lunch (On Your Own)
1:15 p.m. - 3:15 p.m.
V. The Latest Revisions Of Ohio Traffic Law
A. Senate Bill 123
B. Senate Bill 163
C. House Bill 490
D. House Bill 324 More Changes Since The Last Changes
3:15 p.m. - 3:30 p.m.
3:30 p.m. - 4:30 p.m.
VI. Field Sobriety Testing Update