DUI Archives · Page 2 of 2

Can a social media post result in criminal charges?

If you’ve spent any time on social media, it’s likely that you read abusive and oftentimes offensive statements posted or left as comments. Most people are under the assumption the things said online are without repercussions. However, that may not be the case.

Perhaps you remember hearing about Justin Olsen, an 18-year-old Ohio man who was arrested last year on federal charges after investigators claimed that he made multiple entries online posting his support of mass shootings, and cited a target of Planned Parenthood.

Regardless of Olsen telling the FBI that his posts were “only a joke”, he was booked on state charges of telecommunications harassment and aggravated menacing, and the federal charge of threatening a federal law enforcement officer.

Although Olsen’s charges are considered to be severe for online behavior, a malicious or threatening post may qualify as defamation. Defamation is the publication of a statement about someone that hurts their reputation in the eyes of members of society.

Online actions can have severe consequences.

You may remember a case where social media played a major part in a case against two football players who were eventually found guilty of raping an intoxicated 16-year-old girl.

The victim says she doesn’t remember much of what happened the night when Trent Mays, 17, and Ma’lik Richmond, 16, assaulted her at a friend’s party, and that she only became aware of it after a video surfaced on social media. A key piece of evidence was an Instagram photo of the boys carrying the girl out of the house by her arms and legs.

That being said, photos and videos, whether posted publicly or obtained by police, have to meet certain criteria:

They must be authenticated, meaning the prosecutors have to prove the images are what they seem and have not been altered or staged;
they can not be shown out of context

Additional charges were later brought against two teenage girls in the same case after police were shown twitter posts threatening the physical harm to the victim if she didn’t drop the charges.

Can I be arrested for posting a video?

Richard Godbehere uploaded a 5-minute video of himself driving, cracking open a beer, then proceeding to take a drink. He then stated “We all know drinking and driving is against the law. You’re not supposed to do that. But they didn’t say anything about driving and then drinking.”

A joke, maybe. Against the law, definitely. He was surprised when the police showed up at his house prepared to arrest him on charges of consuming alcohol while operating a vehicle.

He stated the video was meant as a parody and claimed there wasn’t actually beer in the bottle, to which Police Chief Darryl Perry stated: “Our traffic laws are in place for a reason, and Mr. Godbehere’s blatant disregard for those laws is the type of behavior that won’t be tolerated.”

The moral of the story, be careful what you say online. It can, and will be used against you in a court of law.

If you or someone you love is in need of an experienced and aggressive criminal defense lawyer, call Nathan Akamine.

Should Vehicle Searches Based on Odor Be Allowed?

As cannabis legalization sweeps the nation, one legal question continues to spark debate:
Should the smell of marijuana still give police the right to search your car?

It’s a gray area with serious consequences, especially when legal cannabis, hemp, and CBD products smell just like their illegal counterparts. Let’s break down what this means for you and what the future might hold.

🚔 Why Does the Smell of Cannabis Matter in Traffic Stops?

The smell of marijuana has long been used as probable cause to search vehicles. But what exactly is “probable cause”?

It’s the legal standard that allows police to search if they believe there’s a good chance they’ll find evidence of a crime.

If an officer claims they smell cannabis, that alone is often enough to justify a search. This could lead to:

Searches of your car and personal belongings.
Legal trouble if drugs—legal or illegal—are found.

The Problem with Probable Cause in a Legal Cannabis World

Here’s where it gets tricky:

Legal marijuana smells the same as illegal marijuana.
Hemp and CBD products, which are federally legal, also carry that telltale cannabis scent.
Officers can’t tell the difference just by smell—it requires a lab test.

So, if the smell of cannabis could come from something perfectly legal, should it still be enough to justify a search? That’s the debate.

🚨 Real-Life Example: When a Routine Stop Becomes a Legal Nightmare

Imagine this:

You’re pulled over for a minor traffic issue, like a broken taillight.
The officer claims to smell cannabis and searches your car.
They find a bag of weed you bought legally—but maybe you’re in a state where it’s still restricted.

Now, you’re facing charges for something you thought was perfectly okay. This is happening more often as cannabis laws lag behind real-world use.

🌿 Hemp vs. Marijuana: Why Smell Alone Is Misleading

Did you know?

Hemp, made legal in the U.S. through the 2018 Farm Bill, looks and smells exactly like marijuana.
In Ohio, the 2019 “Hemp Bill” made hemp legal—but it created confusion for law enforcement.

Even trained officers can’t tell the difference by smell alone. Yet, many are still using that scent as a reason to conduct searches.

🏛 Are Ohio Courts Reconsidering Vehicle Searches Based on Smell?

While Ohio allows medical marijuana and legalized hemp, searches based on cannabis odor are still permitted. However, Ohio courts are increasingly scrutinizing these searches, especially in cases where legal cannabis or hemp was involved. For example, legal challenges have argued that hemp’s identical smell to marijuana makes odor an unreliable indicator of illegal activity.

💡 What Can You Do If This Happens to You?

If you’re pulled over and the officer uses the smell of cannabis as an excuse to search your car, here’s how to protect yourself:

Stay Calm and Polite.
Arguing on the roadside won’t help your case.
Don’t Consent to a Search.
You have the right to refuse, though officers may still proceed if they claim probable cause.
Take Note of Everything.
Record details about the stop and search. This information can be critical if you need to fight the charges.
Contact an Attorney.
A skilled lawyer can challenge whether the search was lawful, especially if the smell came from a legal product.

🔥 Conculsion

1. Can police still search your car if it smells like weed?
In most states, including Ohio, yes—but some are rethinking this rule as cannabis legalization spreads.

2. Can legal CBD or hemp products lead to a search?
Yes, because they smell identical to marijuana.

3. Can you fight a vehicle search in court?
Absolutely. If the search was based on smell alone, and the substance was legal, you may have a strong case.

🚘 The Future of Probable Cause: What’s Next?

As cannabis laws continue to evolve, the legal system must catch up. The smell of marijuana no longer guarantees illegal activity—so why should it still justify a search?

While the rules remain inconsistent, one thing is clear:
If you’ve been charged with a crime after a search based on smell, you have options.

Can someone get a DUI for using CBD oil?

Although CBD products are advertised as being very low in THC (the compound in marijuana that gets you high), when it comes to regulation things get complicated. That means the CBD oil you bought could contain more THC than you expect. In fact, it may be enough to be detectable in a blood test, urine test, or enough to impair you.

In Ohio, you can be convicted of operating a vehicle impaired (OVI) for having any detectable amount of THC in your system. The State doesn’t have to prove that you were actually impaired by the drug, only that you had a prohibited amount in your system while driving.

That means it’s extremely important to choose CBD products that contain very little THC. Unfortunately, that is a difficult task.

CBD products vary greatly in potency.

A 2017 study in the Journal of the American Medical Association found that over two-thirds of CBD products tested were mislabeled. Many contained a different amount of CBD than was listed on the label, and some, none at all. In fact, 18 of 84 samples tested had a great deal more THC than the federal limit of 0.3%. Others contained contaminants ranging from synthetic marijuana, cough medicine, and dangerous synthetics.

The FDA has sent warning letters to companies whose CBD products were found to contain different levels than claimed. Additionally, the Federal Trade Commission has been sanctioning companies for making unproven health claims about CBD, but other than that, there is not much in the way of regulation.

Quest Diagnostics is the U.S.’s largest administrator of drug tests. According to the Senior Director of Science and Technology at Quest, most drug tests are not designed to catch CBD users. Instead, the tests are looking for a compound that the body produces when metabolizing THC.

However, the problem may be bigger than mislabeling. Even if you’re using CBD products that do fall under the 0.3% THC limit, metabolites can gradually build up in your body until it becomes detectable via a drug test.

This is why it’s important to only buy CBD products from manufacturers who can provide a certificate of analysis (COA) for their products. The COA should list results of a company test for THC, CBD, and contaminants.

What can you do if you are charged with an OVI?

If you’re arrested for OVI due to CBD use, contact an experienced criminal defense lawyer right away. At Akamine Law, we will fight to protect the rights of people who are facing OVI charges.

Contact our Columbus office now to schedule your free consultation.

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