Attorney Tim Huey is the lead author for Ohio OVI Defense: The Law and Practice.
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This not your typical law book. For Mr. Huey it was a labor of love and an effort to share what he has learned as a longtime OVI practitioner and leader of the DUI defense bar in Ohio and nationally.
Tim Huey, is a teacher at heart and has given over 100 CLE presentations on topics related to DUI law, science, trials and practice. He has also led DUI trial skills workshops for the national DUI Defense Lawyers Association, the National College for DUI Defense and the Ohio Association of Criminal Defense Lawyers.
In over thirty (30) years of practice Mr. Huey has had a hand in just about every favorable Ohio Supreme Court OVI case decided
during that time. In addition, he has taken the time to study and learn about breath testing and blood to the extent it would not be overstating the case to say he has mastery of the knowledge of these areas of forensic testing. He as also taken the highest levels of classes related to Standardized Field Sobriety Testing and Drug Recognition Evaluations and has fully analyzed the studies related to these areas of pseudo-science.
Most importantly, Tim Huey is not just some guy who has gained a massive amount of knowledge of DUI science and procedures, he has gained a national reputation and a DUI trail lawyer.
Thus, this book is not just a bunch of statutes and tables and snippets of case law. This book is a treasure trove of the secrets and strategies Mr. Huey has perfected over a lifetime.
Selfish Motives for Writing this Book
Mr. Huey’s motivation in writing this book is both selfish and self-less.
It is selfish in that weekly, sometimes daily, other lawyers Mr. Huey call, email, or stop Mr. Huey in the hall asking:
- questions about Ohio’s very unique, confusing and contradictory case law,
- questions about the myriad of penalties and collateral sanctions in OVI law,
- questions about Field Sobriety Testing procedures,
- questions about technical or scientific issues,
- questions about admissibility of evidence,
- questions about trial tactics and,
- questions, questions, and more questions about breath testing.
The purpose of this book is to to answer as many of those questions as possible. Thus, if you call, email or stop him in the hallway, like a good professor, Mr. Huey is likely to direct you to this book first.
If the answer is not there or more explanation, analysis or nuance is needed you are more than welcomed to call him. If you do not have a copy of this this book, it would a really good idea to buy one or go to the library before calling.
Selfless Motives for Writing this Book
Originally this book was only meant to be a summary overview of Ohio OVI law. But as he was writing it Mr. Huey decided to make it much more; he started viewing this book as part of his legacy and that is when it became a labor of love.
Ohio caselaw is unique and often baffling. More importantly, you can understand it in theory but run into major obstacles “in practice.”
It has been said that no one knows Ohio OVI law and practice better than Mr. Huey, not to mention the history behind, and evolution of the law and practice. Quite simply, Tim does not want that knowledge to just disappear; he wants to pass it on.
How to use this Book
This book can be useful in many ways. If you read it cover to cover you will not regret the time spent doing so. If you just keep it handy as a quick reference it will save you a lot of time researching and paging through statutes (see example below). If you are smart you will carry it with you to pleas, hearings and trials
Read it Cover to Cover
Anyone who reads this book cover to cover will walk away with a knowledge of Ohio OVI case law and how to use it (or deal with) in practice that will exceed the knowledge of ninety-five percent of the lawyers, judges and prosecutors who claim to “know OVI”.
Chapter 6, in particular provides an excellent review of the seminal and most important Ohio cases. In it you will learn:
- How to deal with State v. Vega and its progeny when contesting a breath test case,
- What State v. Shindler and its really says about the need for “particularity” of motions to suppress.
- The real difference between a Motion to Suppress and a Motion in Limine, and when to use which per State v. French, and what you need do keep the issues alive for trial and to for a possible appeal.
Each chapter contains numerous “Practice Tips” how to practically apply what you learn. Below is an example found in the above chapter.
PRACTICE TIP: The original, approved Shindler motion is included in the Book-Disc, keep it and copies of Shindler and Wallace handy so that you can present them to the trial court judge or attach them to your pleadings if your opponent starts complaining about “shotgun motions”, “lack of particularity”, or “lack of factual basis”. The result will often be stunning.
For more information about the additional / bonus material provided in the Book-Disc keep reading.
Grab it when you need it
If you have a specific issue or item of evidence you need to get us to speed on, all you need to do is review the following chapters to see that we have addressed it;
Chapter 1: Lawyer Advertising
Chapter 2: Client Relations
Chapter 3: Driving Under the Influence
Chapter 4: Bureau of Motor Vehicles
Chapter 5: Pre-Trial Investigations
Chapter 6: Pre-Trial Motions Practice
Chapter 7: Plea Offers
Chapter 8: Trial
Chapter 9: OVI Investigations: Driving and Field Sobriety Testing
Chapter 10: Drug Recognition Evaluation
Chapter 11: Chemical Testing
Chapter 12: Blood Alcohol Calculations for Attorneys
Chapter 13: Expert Witnesses.
In addition, Appendix B will save you a lot of time when you are trying to understand exactly what all the OVI penalties are for any related offense or an ALS suspension.
In our Comprehensive OVI, OVUAC & Physical Control Penalty and Suspension Summaries we provide summary of every possible offense (rather than a chart) as exemplified below:
OVI Low Tier or Impaired – No Prior within 10 years
Charged under RC 4511.19(A)(1)(a) – (e) or (A)(1)(j) or municipal code equivalent.
Sentenced under RC 4511.19(G)(1)(a) or suspended under Municipal Code per RC 4510.07.
Suspension per RC 4511.19(G)(1)(a)(iv) is a definite suspension of one to three years.
*Reduced Suspension down to 6 months with Interlock – See Annie’s Law discussion below.
**Reduced Suspension down to 6 months w/o Interlock – See RC 4510.13(A)(2) discussion below.
Hard Time per RC 4510.13(A)(5)(a) = 15 days hard time.
Interlock = Optional per RC 4510.021(C) if limited privileges are granted.
Distinctive Plates = Optional per RC 4510.021(C) if limited privileges are granted.
Vehicle Sanctions = None.
Offense Level = M-1 per RC 4511.19(G)(1)(a).
Fine = $375.00 to $1,075.00 per RC 4511.19(G)(1)(a)(iii).
Alcohol / Drug Assessment = Not mandatory.
Reinstatement Fee = $475.00 RC 4511.191(F)(3).
Points per RC 4510.036 = 6.
Incarceration= 3 days up to 6 months – 3 day DIP authorized per RC 4511.19(G)(1)(a)(i).
Alternate Sentencing: No Jail? No DIP? DIP – See Annie’s Law discussion below
Jail is Full Option = None, confer RC 4511.19(G)(3). (Also see notes about CASCs below.)
You will note that we provide statutory references for each sanction; if you have a disagreement with a prosecutor or judge over the mandatory penalties and sanctions, you can go to directly to the source. In appendix B we also provide the relevant statutes, thus you have everything you need at your fingertips.
Take this Book with you to Court
Having the above summaries and statutes at your fingertips may be reason enough to carry this book with you to court, but there are even more reasons to do so.
Chapter 14 contains an OVI Jury Trial Warpack, Which provides (indexed) quick summary of the caselaw and rules related to very specific topics that are likely to come up at trial or in motion hearings.
Moreover, the appendix includes : the Ohio Traffic Rules, the Ohio Rules of Criminal Procedure, the Ohio Rules of Evidence and the Ohio Department of Health Rules for Chemical Testing, as well as other material.
What more could you ask for as a courtroom resource?
Bonus Material in the Book-Disc is Worth the Price of the Book
We have had a number of attorney contact us saying they were shocked and how much material was in the Book-Disc. They all agree those materials are worth the cost of the book. Here is what you get:
- All NHTSA ARIDE Manuals.
- All NHTSA DRE Manuals.
- All NHTSA SFST Manuals.
- All NHTSA Validation Studies.
- NHTSA SFST videos.
- NHTSA Driving and BAC studies.
- Ohio Breath Test Materials.
- Ohio Motions Covering Most Issues.
- The ODH Invalid Sample Memo.
- The National Safety Council Recommended Breath Test Protocol.
- Transcripts of several of Mr. Huey’s Trials and Motion Hearings.
- Motions filed in State v. Gerome, State v. Codeluppi, State v. Lancaster and State v. Shindler.
- Much more
Summary
At its core, this book is:
- a “how-to” guide for Ohio OVI defense attorneys,
- a hornbook on OVI law and practice,
- a very handy courtroom companion and,
- a treasure-trove of additional material.
The is no better value. You can find pricing information and order the book via Lawyers & Judges Publishing here: https://www.lawyersandjudges.com/collections/dui-defense/products/ohio-ovi-defense?variant=25631551686.
- Author: D. Timothy Huey, Steven R. Adams, and James Nesci
- ISBN 10: 1-933264-28-4
- ISBN 13: 978-1-933264-28-8
- Copyright Date Ed: May 13, 2016
- Pages: 672
- Binding Information: Casebound with DVD
- Size: 8.5 ✕ 11 Inches (US)