New Ohio DUI provisions

Ohio has new DUI provisions that went into effect yesterday. (SB 8)

Of significance is that the new provisions include modifications regarding the use of chemical test results as evidence in now providing that “in any criminal prosecution or juvenile proceeding… the court may admit evidence on the concentration of alcohol, drugs of abuse, controlled substances, metabolites of controlled substances, or combinations of any of them in the person’s whole blood, serum or plasma, breath, urine, or other bodily substance at the time of the alleged violation as shown by chemical analysis of the substance withdrawn within three hours of the time of the alleged violation (increased from two hours)..”

Here related is that “if an arresting officer requests a person under arrest … to submit to chemical tests, that person must (comply) within two hours of the time of the alleged violation, and if that person does not (comply) within that two-hour time limit, the failure to do so constitutes a refusal to submit and specifies that the three-hour time limit (described above) regarding the admission of evidence does not extend or affect this two-hour limit specified as the maximum period of time during which a person may consent to such chemical test or tests.”

Ohio Legislative Service analysis

NSA wiretapping verdict

The U.S. Eastern District Court in Michigan Thursday ruled that the federal government’s clandestine warrantless surveillance program initiated just days after the Sept. 11th. terrorist attacks violated the 1978 Foreign Intelligence Surveillance Act, and was therefore unconstitutional. (More)

The decision is being appealed.

ACLU v. NSA, Case 06-CV-10204, U.S. District Court, Eastern Michigan

New Ohio Rules of Professional Conduct

The Ohio Supreme Court on Aug. 1st. adopted new rules of professional conduct for lawyers, based on the American Bar Association’s model rules. They will be effective Feb. 1, 2007.

Among the changes are rules for enhanced client communication, requiring attorneys to inform clients, preferably in writing, of essential elements of their representation, including its nature, scope, and any limitations which may be present; more detailed record-keeping, including new requirements that specify the nature & content of financial records that have to be kept, a 7-year retention period on these records, and monthly reconciliations of the attorney’s records and bank account records.

There are also new rules regarding client confidentiality, new rules imposing specific obligations on lawyers with respects to prospective, former, and organizational clients, and those with diminished capacity.

(Supreme Court’s announcement)
(Full text version of new Rules of Professional Conduct)