The Legal Shark Tank with Shane Herzner

Challenging the Stop

In this episode of The Legal Shark Tank, host Shane Herzner and co-host Kevin Rosenquist delve into the legal grounds for DUI (OVI) traffic stops in Ohio. Shane outlines the criteria law enforcement officers must meet to initiate a traffic stop, emphasizing that any traffic infraction can provide probable cause. He highlights common reasons for stops, including speeding, marked lane violations, and accidents, which can lead to further DUI investigations. The discussion also touches on the nuances of marked lane violations and the varying interpretations across different appellate districts in Ohio. Tune in for valuable insights on navigating DUI cases and understanding the complexities of traffic stops.
 
Timestamps:
[00:01:59] Mark Lane Violations in Ohio.
[00:04:51] Dash camera footage in traffic stops.
[00:09:08] Distracted driving and cell phones.
[00:10:50] Unconstitutional traffic stop cases.
[00:14:31] Rights during a DUI stop.
[00:17:38] Refusing Field Sobriety Tests.
About The Show
Welcome to "The Legal Shark Tank,” the podcast dedicated to empowering you with the knowledge and insights you need when facing criminal charges. I’m your host, Shane, a Cincinnati criminal defense attorney with 22 years of experience, including time spent as a former Assistant Prosecutor. On this podcast, we'll break down the complexities of the legal system, demystify the criminal defense process, and provide you with the tools and confidence to navigate your case. Facing a criminal charge can be daunting and overwhelming, but with the right legal representation, it doesn't have to be the end of the road. Join me as we explore real-life cases, share expert advice, and help you find peace of mind during this challenging time. Tune in, and let’s face your legal battles together.

Understanding the Role of Chemical Testing in OVI/DUI Cases

In this episode of The Legal Shark Tank, host Kevin Rosenquist and legal expert Shane Herzner delve into the role of chemical testing in OVI-DUI cases in Ohio. They explore the three primary types of chemical tests: blood, urine, and breath tests, highlighting the differences between these tests and standardized field sobriety tests. Shane explains how breath tests are conducted at police stations and the implications of testing above the legal limit of 0.08, which can lead to a presumption of impairment. The conversation sheds light on the nuances of chemical testing and its significance in navigating DUI cases, providing listeners with valuable insights into the legal process. 
Timestamps:
[00:00:54] Types of chemical tests in Ohio.
[00:05:35] Testing accuracy and environmental factors.
[00:08:11] Refusing roadside sobriety tests.
[00:12:39] Challenging chemical test results.
[00:15:49] New advancements in breath testing.
[00:18:11] Testing accuracy for marijuana impairment.
 
About The Show
Welcome to "The Legal Shark Tank,” the podcast dedicated to empowering you with the knowledge and insights you need when facing criminal charges. I’m your host, Shane, a Cincinnati criminal defense attorney with 22 years of experience, including time spent as a former Assistant Prosecutor. On this podcast, we'll break down the complexities of the legal system, demystify the criminal defense process, and provide you with the tools and confidence to navigate your case. Facing a criminal charge can be daunting and overwhelming, but with the right legal representation, it doesn't have to be the end of the road. Join me as we explore real-life cases, share expert advice, and help you find peace of mind during this challenging time. Tune in, and let’s face your legal battles togeth

In the Haze: Deciphering Marijuana OVI Laws in Ohio and Ensuring Road Safety

In this episode of The Legal Shark Tank, Shane Hersner discusses the evolving area of law surrounding marijuana OVI offenses in Ohio. He explains that currently, authorities use urine tests to determine if someone is under the influence of marijuana while driving, with a focus on marijuana metabolites rather than active THC levels. Shane clarifies the process of urine sampling at the station and the threshold limit of 35 nanograms for marijuana metabolites. Tune in to gain valuable insights into navigating marijuana OVI cases and understanding the legal implications.
Timestamps
[00:02:17] Marijuana OVI offense threshold.
[00:04:53] Marijuana metabolite testing issues.
[00:08:10] Marijuana field sobriety testing.
[00:11:46] Marijuana DUI concerns for law enforcement.
[00:18:20] DUI attorneys book collaboration.
[00:19:03] Legal options and opportunities.
 
About The Show
Welcome to "The Legal Shark Tank,” the podcast dedicated to empowering you with the knowledge and insights you need when facing criminal charges. I’m your host, Shane, a Cincinnati criminal defense attorney with 22 years of experience, including time spent as a former Assistant Prosecutor. On this podcast, we'll break down the complexities of the legal system, demystify the criminal defense process, and provide you with the tools and confidence to navigate your case. Facing a criminal charge can be daunting and overwhelming, but with the right legal representation, it doesn't have to be the end of the road. Join me as we explore real-life cases, share expert advice, and help you find peace of mind during this challenging time. Tune in, and let’s face your legal battles together.
 
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Behind The Wheel: Understanding Ohio DUI/OVI Laws and Defenses

On this episode of The Legal Shark Tank, Shane Hersner breaks down the differences between DUI and OVI charges in Ohio. While many people use the term DUI, the technical term in Ohio is OVI, which stands for operating a vehicle while impaired. Shane explains the requirement to prove operation of the motor vehicle while impaired and discusses the secondary offense of physical control. OVI carries mandatory minimum penalties, while physical control for a first offense has no minimum penalties, aiming to deter individuals from driving under the influence.
Timestamps:
[00:02:39] Common misconceptions about DUI.
[00:05:20] Standardized field sobriety tests.
[00:07:18] Standardized Field Sobriety Tests.
[00:12:31] Compliance with police instructions. [00:17:16] Field sobriety testing challenges.
[00:18:27] DUI Conviction Consequences
 
About The Show
Welcome to "The Legal Shark Tank,” the podcast dedicated to empowering you with the knowledge and insights you need when facing criminal charges. I’m your host, Shane, a Cincinnati criminal defense attorney with 22 years of experience, including time spent as a former Assistant Prosecutor. On this podcast, we'll break down the complexities of the legal system, demystify the criminal defense process, and provide you with the tools and confidence to navigate your case. Facing a criminal charge can be daunting and overwhelming, but with the right legal representation, it doesn't have to be the end of the road. Join me as we explore real-life cases, share expert advice, and help you find peace of mind during this challenging time. Tune in, and let’s face your legal battles together.
 
WANT MORE LEGAL SHARK TANK?
Remember to like and subscribe and watch all full episodes on demand NOW! https://youtube.com/playlist?list=PLsHtvLKWiiJwtVDSsakiZ8ramZlB970B0&si=lFP3mAVloaYYUKno

From Practice to Expertise: Navigating OVI/DUI Defense with Shane Herzner

On this episode of The Legal Shark Tank, host Sam Henninger interviews DUI law expert Shane Herzner about his journey to becoming a seasoned legal professional. Shane shares his experience transitioning from civil work to criminal defense, including his time as an assistant prosecutor and his eventual focus on DUI cases.
Timestamps:
00:02:19 Shifting to DUI Defense Career.
00:05:43 Breath alcohol machine inaccuracies.
00:10:29 Intoxalizer 9000 machine advancements.
00:11:22 Evolving DUI defense strategies.
00:16:04 Standardized field sobriety tests.
00:18:29 Handling OVI traffic stops.
 
Tune in to learn about Shane's passion for courtroom practice and his dedication to helping individuals navigate the complexities of the legal system.
About The Show
Welcome to "The Legal Shark Tank,” the podcast dedicated to empowering you with the knowledge and insights you need when facing criminal charges. I’m your host, Shane, a Cincinnati criminal defense attorney with 22 years of experience, including time spent as a former Assistant Prosecutor. On this podcast, we'll break down the complexities of the legal system, demystify the criminal defense process, and provide you with the tools and confidence to navigate your case. Facing a criminal charge can be daunting and overwhelming, but with the right legal representation, it doesn't have to be the end of the road. Join me as we explore real-life cases, share expert advice, and help you find peace of mind during this challenging time. Tune in, and let’s face your legal battles together.
WANT MORE LEGAL SHARK TANK?
Remember to like and subscribe and watch all full episodes on demand NOW! https://youtube.com/playlist?list=PLsHtvLKWiiJwtVDSsakiZ8ramZlB970B0&si=lFP3mAVloaYYUKno