Category Archives: Drunk Driving

Prison Sentence Imposed When Victim Killed in Drunk Boating Case

An Ohio man was sentenced to four years in prison for running over another and killing the occupant.

The boating crash occurred last June.  The victim was in his boat waiting to take it out of the water when Glenn Riegelsberger drove his boat over the top of the victim’s boat.  The victim suffered injuries to his head and back.  Riegelsberger left the scene and and walked across the street to his Riverside home.  He was arrested fifteen hours later.  DNA from the victim was found on Riegelsberger’s boat.

Hamilton County Common Pleas Court Judge Norbert Nadel sentenced Riegelsberger  to four years in prison.  The judge noted, in handing down the sentence, that Riegelsberger had prior arrests for OVI.

Drunk boating charges are similar to drunk driving charges.  A person facing a boating while intoxicated charge should contact an experienced defense attorney who can examine all of the circumstances of the case to determine whether the charges or arrest can be challenged on constitutional grounds.  The attorney can can also consider the possibility of contesting the case on the merits, through expert testimony on the integrity of any blood alcohol test, the chain of custody of any sample, or biochemical explanations for a high reading that have nothing to do with intoxication.

Legal appeal to decide if breath-tester can be used in Ohio

Drinking alcoholic beverages is a common activity, and Cincinnati residents often enjoy drinks with friends during weekend social events or after-work happy hours. In order to prevent alcohol-related accidents, there are various sobriety tests and forms of technology that aid police in detecting drunk driving and collecting evidence for a drunk driving charge. While these tools can be helpful, if used improperly or determined to be unreliable, they can create unnecessary legal headaches for those accused of drunk driving.

The use of the Intoxilyzer 8000, an alcohol breath-tester used to measure BAC levels in Ohio, is currently the subject of a legal appeal that will decide whether the breath-tester will remain a tool available for Athens County police to use in collecting evidence for drunk driving charges. The machine has been challenged before because of criticism that the machine was unreliable. This latest challenge relates to who is qualified to operate the breath-tester and whether written standards exist to determine such qualification. The trial court judge previously held that the machine should not be used until the state develops written operator standards. The city has appealed that ruling, calling it "patently absurd."

In Ohio, the official drunk driving offense is called operating a vehicle impaired (OVI), but this charge is effectively the same as DUI or DWI. The legal BAC level is .08 percent and a BAC level above that amount can result in a suspended driver's license, a criminal record and increased penalties for potential future offenses, even for first time offenders. In many situations, however, a person accused of OVI may be able to challenge the traffic stop or arrest due to constitutional issues or call into question the accuracy or validity of a sobriety test, breath test or blood alcohol test. While some people who appear to be drunk actually are driving while impaired, others may have biochemical explanations for a high BAC reading or other reasons for suspicious driving.

When facing drunk driving charges, the penalties can be severe. For this reason, it is important to develop a defensive strategy right away. An experienced attorney can help defendants examine the facts and analyze the evidence to obtain the best possible result.

Source: Athens News, "City argues that banning use of alcohol breath-tester would be 'patently absurd,'" Jim Phillips, Jan. 21, 2013

Before heading to Cincinnati, NFL player jailed on DUI charge

As the Dallas Cowboys played against the Cincinnati Bengals during a recent Sunday football game, one of the members of the Cowboys' team was not on the field. Instead, Josh Brent was in jail on a drunk driving charge. The accident resulted in the death of Brent's best friend, a passenger in his vehicle and a member of the Cowboy practice squad, Jerry Brown.

The accident allegedly occurred only hours before Brent was supposed to fly to Cincinnati for the game. Police suspected that Brent was operating under the influence of alcohol. They claim that they detected a moderate amount of alcohol from Brent's breath. The incident report also reveals that Brent admitted to having consumed alcohol that evening. He even provided the authorities with a blood sample.

Previous records suggest that Brent had a history of drunk driving. In 2009, he pleaded guilty to driving while intoxicated in Illinois. Then, he served 60 days in jail and two years of probation.

Drunk driving charges can have significant impact in Ohio. Such charges can have devastating effects on an individual's reputation, both personally and professionally. In Brent's case, he must face the reality of Brown's death as well as the responses from the NFL community.

Additionally, drunk driving charges can have lasting legal effects. Individuals accused of drunk driving in Ohio may be subject to jail time, license revocation and other penalties -- especially if they are have a prior conviction, as in Brent's case.

There are ways to work with the legal system, however, to reduce charges and their corresponding penalties. A lawyer can seek license reinstatement and work towards dismissed charges and reduce jail time to fines.

Initially, being accused of drunk driving may be overwhelming and seem impossible to overcome. As a result, a strong defense is essential when facing drunk driving charges.

Source: ESPN, "Josh Brent released from jail," Dec. 10, 2012.