Handling first Ohio DUI case (2021 edition)

Ben L. Luftman
Shawn Dominy
Olivia Myers
Dan Weisenburger
Ben L. Luftman | Luftman, Heck & Associates LLP
Shawn Dominy | Dominy Law Firm, LLC
Olivia Myers | O. Myers Law LLC
Dan Weisenburger | Weisenburger Law Offices, LLC

Live Video-Broadcast: December 8, 2021

Handling first Ohio DUI case (2021 edition)
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Program Summary

Session I – Client Interview | Benjamin L. Luftman

Attendees will learn about the intake process on a new DUI/OVI case. This will include gathering all the relevant contact information, case information and advising the client on initial matters such as license suspension, to potential penalties and ultimately goals with the respect the case. Attorneys will also learn more about the sales aspect regarding an initial OVI intake conversation.

Key Topics:

  • ALS Suspension and driving privileges
  • Potential penalties and client case goals
  • Types of evidence and analysis
  • Potential for and explanation of litigation – suppression hearing and trial

Session II – The basics of DUI Science | Shawn Dominy

In Session II, The Basics of DUI Science, we will cover scientific issues commonly encountered in DUI/OVI cases. We will discuss the absorption, distribution and elimination of alcohol in the human body and how that relates to the offense of Operating a Vehicle under the Influence. We will review the various types of testing used in DUI/OVI cases, including field sobriety testing and chemical testing of blood, breath and urine samples. We will also address Ohio law regarding admissibility of field sobriety tests and chemical tests in DUI/OVI cases.

Key Topics:

  • Alcohol Absorption, Distribution and Elimination
  • Field Sobriety Testing
  • Chemical testing of blood, breath, and urine
  • Ohio law regarding admissibility of DUI/OVI tests

Session III – Court Process | Olivia Myers

From Start to Finish: Hitting the ground running when your client is charged with an OVI in OH and getting them driving as soon as possible.

Key Topics:

  • The impact of Administrative License Suspensions (“ALS”) and how to overcome
  • Considerations when client is charged with 2nd DUI within 10 years
  • The importance of a Motion to Suppress
  • NHTSA training

Session IV – The DWI Trial | Dan J. Weisenburger

This presentation will cover the basics you need to know for a DUI trial, including common DUI defenses, tactics, and strategy. We will be discussing the main components of a trial from preparation and voir dire through closing argument.

Key Topics:

  • Trial Prep
  • Jury Selection
  • Opening Statement
  • Cross Examination
  • Closing Argument

This course is co-sponsored with myLawCLE.

Date / Time: December 8, 2021

  • 10:00 am – 2:30 pm Eastern
  • 9:00 am – 1:30 pm Central
  • 8:00 am – 12:30 pm Mountain
  • 7:00 am – 11:30 am Pacific

Choose a format:

Live Video Broadcast/Re-Broadcast: Watch Program "live" in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for "live" CLE credit.

On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 5 business days after the original recording date and are viewable for up to one year.

Closed-captioning available

Speakers

Ben L. Luftman_Luftman, Heck & Associates LLP_myLawCLEBen L. Luftman | Luftman, Heck & Associates LLP

An experienced and accomplished legal advocate, Benjamin L. Luftman is a founding partner at Luftman, Heck & Associates and has practiced law for eighteen years. His sole practice areas are in criminal law and traffic violations, having represented clients in cases ranging from the most serious felonies to minor traffic offenses, with a particular concentration in the area of Ohio OVI law.

 

Shawn Dominy_Dominy Law Firm, LLC_myLawCLEShawn Dominy | Dominy Law Firm, LLC

Is a criminal defense attorney and the founder of the Dominy Law Firm in Columbus, Ohio. The focus of his firm’s practice is defending clients charged with DUI/OVI and serious vehicular crimes. Shawn is the past President of the Ohio Association of Criminal Defense Lawyers, the state delegate to the National College for DUI Defense and a founding member of the national DUI Defense Lawyers Association. He is rated “AV Preeminent” by Martindale Hubbel®, was named by SuperLawyers® as one of the top 50 lawyers in Columbus, Ohio, and is one of six lawyers in Ohio listed in Best Lawyers In America® for his practice area.

Shawn authored the Ohio DUI/OVI Guide, the Ohio Vehicular Homicide Guide, and the Ohio Vehicular Assault Guide. He also wrote a chapter of Defending DUI Vehicular Homicide Cases (2012, West/Aspatore) and contributed a section of Drunk Driving Defense, 9th Edition (2021, Walters Kluwer). His magazine articles have been featured in state and national publications, and he is a frequent speaker at seminars in which he teaches other lawyers about DUI/OVI, serious vehicular crimes, and trial skills. Shawn completed programs for the Datamaster and the Intoxilyzer breath testing machines and studied forensic gas chromatography at a short course presented by the American Chemical Society. Shawn holds certificates for the National Highway Traffic Safety Administration courses in Standardized Field Sobriety Testing and Advanced Roadside Impaired Driving Enforcement.

Shawn is a lifelong resident of central Ohio. He graduated from Olentangy High School earned his bachelor’s degree from The Ohio State University and graduated from the O.S.U. Moritz College of Law. He serves with local community organizations, volunteers regularly at his church, and plays regularly with his German Shepherd. In his free time, Shawn plays drums. His office is in Columbus, and he lives in Powell with his wife and daughter. For more information, Shawn’s website is www.dominylaw.com, his blog is www.columbusoviattorneyblog.com, and his email address is shawn@dominylaw.com.

 

Olivia Myers_O. Myers Law LLC_myLawCLEOlivia Myers | O. Myers Law LLC

Is a criminal defense and OVI attorney located in Akron, OH. She started a solo practice upon passing the Bar in May of 2019. Since then, her practice has taken off; she travels across Northeast Ohio defending OVI’s in various courts. She has taken the NHTSA and ARIDE courses that police officers are required to take to conduct OVI investigations. Attorney Myers’ has a passion for defending OVI’s.

 

Dan Weisenburger_Weisenburger Law Offices, LLC_myLawCLEDan Weisenburger | Weisenburger Law Offices, LLC

Dan is the founder of Weisenburger Law Offices, LLC and has been practicing over 40 years, both as a prosecutor and a defense lawyer. Attorney Weisenburger is nationally certified as a Criminal Trial Specialist by the National Board of Trial Advocacy having handled in excess of 6,000 DUI cases over the course of his career. He is a member of the Ohio Association of Criminal Defense Lawyers, the DUI Defense Lawyers Association and The National Trial Lawyers Top 100. He is also recognized by Superlawyers. Dan has established a reputation as tough, formidable courtroom advocate. Mr. Weisenburger holds a Bachelor of Arts in Political Science from Kent State University and a Juris Doctorate from Cleveland-Marshall College of Law. His practice is primarily focused on Portage County & Summit County, Ohio.

Agenda

Session I: Client Interview | 10:00am – 11:00am
1. ALS Suspension and driving privileges | 10:00am – 10:15am
2. Potential penalties and client case goals | 10:15am – 10:30am
3. Types of evidence and analysis | 10:30am – 10:45am
4. Potential for and explanation of litigation – suppression hearing and trial | 10:45am – 11:00am

Break | 11:00am – 11:10am

Session II: The Basics of DUI/DWI Science | 11:10am – 12:10pm
1. Alcohol Absorption, Distribution and Elimination | 11:10am – 11:25am
2. Field Sobriety Testing | 11:25am – 11:40am
3. Chemical testing of blood, breath, and urine | 11:40am – 11:55am
4. Ohio law regarding admissibility of DUI/OVI tests | 11:55am – 12:10pm

Break | 12:10pm – 12:20pm

Session III: Court Process | 12:20pm – 1:20pm
1. Court Process | 12:20pm – 12:40pm

a. Arraignment
b. PT’s
c. MTS hearing
d. Plea
e. trial

2. Arraignment in detail | 12:40pm – 1:00pm

a. ALS STAYS (know your court)

i. HARD STAY
ii. ALS stay and put on court suspension
iii. No stay and hard time

b. ALS appeal

i. Grounds: CHECK COURT FILE
ii. Example of appeal/request to stay
iii. Know your court
iv. Grant appeal at end of case

c. BMV notice of 90-day suspension up

3. Other pre-trial considerations (2nd in 10) | 1:00pm – 1:20pm

a. Immobilization
b. SCRAM
c. Ignition interlock
d. Substance abuse assessment

Break | 1:20pm – 1:30pm

Session IV: Court Process | 1:30pm – 2:30pm
1. Trial Prep | 1:30pm – 1:42pm
2. Jury Selection | 1:42pm – 1:54pm
3. Opening Statement | 1:54pm – 2:06pm
4. Cross Examination | 2:06pm- 2:18pm
5. Closing Argument | 2:18pm – 2:30pm