Understanding and Challenging NHTSA's 24 Driving Clues

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Understanding and Challenging NHTSA's 24 Driving Clues

Law enforcement officers in Ohio rely on the National Highway Traffic Safety Administration's (NHTSA) standardized list of 24 driving clues to identify potentially impaired drivers. As experienced DUI defense attorneys, we understand that these observations can be challenged and that various factors, beyond impairment, may explain these behaviors. Understanding these clues and their possible alternative explanations is essential for building a robust defense.

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Major Changes to Ohio DUI Laws: Understanding House Bill 37 ("Liv's Law")

/ Law Offices of Brian J. Smith, ltd/
Major Changes to Ohio DUI Laws: Understanding House Bill 37 ("Liv's Law")

House Bill 37 (also known as “Liv’s Law”) provides significant modifications to Ohio OVI penalties, testing procedures, and license suspension requirements. House Bill 37 was passed by both legislative houses on December 18, 2024, is anticipated to be signed by the governor, and will take effect in 90 days.

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Fair Hearing Denied - Prosecutor Gets Ruling Preventing Witness From Testifying Where the Were and Then Uses that Hole in Witnesses Testimony To Discredit Them - DUI News - 10/22/2016

/ Sivinski Law Offices, ltd./
Fair Hearing Denied - Prosecutor Gets Ruling Preventing Witness From Testifying Where the Were and Then Uses that Hole in Witnesses Testimony To Discredit Them - DUI News - 10/22/2016

The 10th District agrees with the Defendant that the trial court completed several errors in its evidentiary rulings that prevented a fair trial.

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Fifth District Avoids Judicial Review of Police - DUI News - 9/29/2016

/ Sivinski Law Offices, ltd./
Fifth District Avoids Judicial Review of Police - DUI News - 9/29/2016

Fifth District substitutes its decision on a suppression motion for that of the trial court, reasoning that the trial court substituted its decision for the police officer, thus eliminating review of the the police officer's actions.

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Margin of Error in Alcohol Tests is a Weak Defense? - DUI News - 8/26/2016

/ Sivinski Law Offices, ltd/
Margin of Error in Alcohol Tests is a Weak Defense? - DUI News - 8/26/2016

The Fifth District upholds conviction when officer claimed the defendant went back and forth across a marked center line but video did not show the same, and when conviction required an alcohol content of 0.238 and defendant's alcohol content ranged between 0.21 and 0.27 based on the test and margin of error.

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Shotgun Motions to Suppress Are a Real Thing in Cincinnati - DUI News - 7/26/2016

/ Sivinski Law Offices, ltd/
Shotgun Motions to Suppress Are a Real Thing in Cincinnati - DUI News - 7/26/2016

The 1st District relies on its legal theory of a "Shotgun Motion to Suppress," to reduce the state's burden to merely "general and slight" when showing substantial compliance with field sobriety tests.

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State Must Show Nexus Between Prescription and Impairment - DUI News - 06/02/16

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State Must Show Nexus Between Prescription and Impairment - DUI News - 06/02/16

Fourth District confirms that, for an OVI based on a prescription medication, the State must show a nexus between the prescription and impairment through "(1) the testimony of an expert who is familiar with the potential side effects of the medication" or (2) the testimony of a layperson (such as a friend or family member) who witnesses the effect of the particular drug on the defendant-driver."

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DUI Appeals Reports 3/11/16

/ Sivinski Law Offices, ltd/
DUI Appeals Reports 3/11/16

The 11th District holds that the OVI repeat offender specification is Constitutional and the only grounds to challenge prior convictions must be based on a lack of counsel, while the 12th District holds that the speedy trial clock for subsequent OVI charges based on chemical tests does not begin to run at the time of the original OVI charge.

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