Ohio DUI Law Debated
by Andrew Bourelle
THE POST
An Athens city prosecutor and a defense lawyer from Athens argued the validity of the new driving under the influence law before the Ohio Supreme Court Feb. 7.
Prosecutor George McCarthy and attorney John Lavelle argued one of several cases before the Supreme Court dealing with Ohio's drunken driving law.
"The controversy revolves around the imposition of a license suspension at the time someone is arrested for driving under the influence of alcohol," McCarthy stated in a news release.
Presently, if a person fails a test, such as a breath test, or refuses to take one, their license is immediately suspended.
After a person's license is taken away, and if they can prove the arresting officer had no reason to pull them over, the license can be returned.
The part of the law in question before the state Supreme Court says that if it is found the officer had no reason to pull the individual over, the license will be returned at the initial trial but the individual will still be charged with driving under the influence.
McCarthy's position is that of the statute - the person should still face DUI charges.
Defense lawyer John Lavelle disagrees. If the arresting officer had no right to pull the person over, the license should be returned and the case should end, Lavelle said.
It is not known when the Ohio Supreme Court will issue its decision. Both McCarthy and Lavelle speculate it will take weeks.
Lavelle believes he made a good case.
"I think they will find parts of the law unconstitutional," he said. "I really believe that, based on the questions that were raised."
The validity of the law is significant to both Athens and all of Ohio, McCarthy said in the news release.
"These arguments will help determine the constitutionality of the new DUI law," McCarthy said in the news release. "The Ohio Supreme Court will now decide whether the new DUI law is constitutional and will stay in effect as it is or whether it will be struck down and declared unconstitutional.