The accused in a DUI case has the right under the Sixth and Fourteenth Amendments to present witnesses and evidence in his favor.  The Supreme Court upheld these rights in Washington v. Texas (1967), 388 U.S. 14, 19, 87 S.Ct. 1920, stating, "the right to offer testimony of witnesses, if necessary, is in plain terms the right to present a defense.  Just as an accused has the right to confront the prosecution's witnesses to challenge their testimony, he has the right to present his witnesses to establish a defense.  This right is a fundamental element of due process of law."

Given the above, how can a Judge prevent an accused drunk driver from presenting evidence against the proper functioning of the breathalyzer or that the defendant cannot present a defense based on rising alchol.  This is a fertile area for Constitutional challenge.  Until addressed it is yet another example of how DUI is treated differently in the system.

Marilyn Reid wants her old job on the commission back. She was defeated in her re-election bid in the 2006 Republican primary by Alan Anderson, but made a comeback in last spring's primary, when she prevailed in a field of six candidates. Her critics say she won only because the race was so crowded.

Ms. Reid is energetic, and when she gets hold of a concern, she runs with it. She tends to gravitate toward easy-to-understand matters and issues that are mostly in need of a cheerleader. (During the Base Realignment and Closure Commission process affecting Wright-Patterson Air Force Base, she was in her element, donning red-white-and-blue outfits and organizing the public welcoming for the BRAC committee that made a site visit.) She is rarely steeped in details.

She also has sharp edges and a reputation for looking out for her own interests. Some years ago she irritated even her friends when she considered taking a paying position on the board of elections while she also had her commission spot. In short, she has troubling blind spots.

Currently the county chairman for the Republican Party, Ms. Reid says she's stepping down from that job as soon as some junior leaders are ready to step up. (She paints the party organization as unimportant.)

Jerome "Jerry" Sutton, a Democrat, is retired, and, as such, points out that he would be the only full-time commissioner. (Mrs. Reid says her law practice is too small to be considered a distraction from doing the job.) He held high-ranking civilian positions at Wright-Patterson Air Force Base and argues his management and executive skills make him well-suited for a commission position.

Mr. Sutton clearly has gotten the bug to run for political office. He's embracing the task of campaigning, and he also made an earlier unsuccessful bid for the Yellow Springs Council.

He says GreeneCounty is desperately in need of party balance on the commission, while Ms. Reid makes the case that she would bring needed gender diversity.

They each have talents and some differing points of views. Mr. Sutton deserves to show voters what he would do with the office of commissioner.

See:http://www.suttonforcommission.com/

Law enforcement officers have the obligation to convict the guilty and to make sure they do not convict the innocent. They must be dedicated to making the criminal trial a procedure for the ascertainment of the true facts surrounding the commission of the crime. To this extent, our so-called adversary system is not adversary at all; nor should it be. But defense counsel has no comparable obligation to ascertain or present the truth. Our system assigns him a different mission. He must be and is interested in preventing the conviction of the innocent, but, absent a voluntary plea of guilty, we also insist that he defend his client whether he is innocent or guilty. The State has the obligation to present the evidence. Defense counsel need present nothing, even if he knows what the truth is. He need not furnish any witnesses to the police, or reveal any confidences of his client, or furnish any other information to help the prosecution’s case. If he can confuse a witness, even a truthful one, or make him appear at a disadvantage, unsure or indecisive, that will be his normal course. Our interest in not convictingthe innocent permits counsel to put the State to its proof, to put the State’s case in the worst possible light, regardless of what he thinks or knows to be the truth. Undoubtedly there are some limits which defense counsel must observe but more often than not, defense counsel will cross-examine a prosecution witness, and impeach him if he can, even if he thinks the witness is telling the truth, just as he will attempt to destroy a witness who he thinks is lying. In this respect, as part of our modified adversary system and as part of the duty imposed on the most honorable defense counsel, we countenance or require conduct which in many instances has little, if any, relation to the search for truth.

Read To Kill a Mockingbird by Harper Lee.

COLUMBUS - Ohio state troopers say the number of people who died on state roads over the holiday weekend dropped by 42 percent from 2007 -- except for motorcyclists. Troopers said 14 people died over the weekend, down from 24 in 2007, which was a 71 percent increase over 2006.

The question is whether or not these numbers will be used to tell Americans that they have one of the safest highway systems on the planet.  More likely, these numbers will be used to justify more patrols, more government grants and more television commercials warning of drunk driving.  The facts are, if the numbers go up or down the monied interests will continue to beat the money drum.  Our legislators never fail to listen to this beat and consistently chisle away at our cherished rights.  If you are not outraged, you are not paying attention!

A State Highway Patrol cheating scandal involving trooper testing exams for a breath-analysis device has opened the door to potential ...   more »

Today I began teaching Honors Political Science at my beloved alma mater, Wright State University.  I have a syllabus, a teaching assistant and a tenuous grasp of my subject matter...I'm ready to go.  I will be teaching PLS 200 (Intro to Poli Sci) to twenty very bright, very capable students.  Thanks to the Honors Department (Dr. Mary Kenton) for this fabulous opportunity.

www.wright.edu, drunk driving, OVI, DUI, alcohol

Happy Labor Day! If you find yourself arrested under suspicion of drunk driving, please contact attorney Charles M. Rowland II at 937-879-9542 or at the 24 hr DUI Hotline:

937-776-2671