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DUI Articles

Ignition Interlock Device

Ignition Interlock Device Required By Annie's Law An ignition interlock is a system that tests for alcohol on a driver's breath. It is a device that requires a vehicle operator to blow into a small handheld alcohol sensor. The unit that is attached to a vehicle's dashboard. The car cannot be started if a BAC is above a preset level (usually .02 to .04 BAC). Alcohol safety interlocks that meet the standards issued by NHTSA (see the See NHTSA Conforming Products List and Technical Information Regarding Alcohol and Drug Law Enforcement Technology). They not only require a test to start the engine, but...

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Bicycle DUI – What is the Law?

Yes, you can get a bicycle DUI in Ohio. Ohio Revised Code 4511.01(A) defines a vehicle under Ohio law. It includes a bicycle.  In State v. Shepard, 1 Ohio App.3d 104, 439 N.E.2d 920 (1st Dist. Hamilton County 1981) a bicycle DUI was upheld for a mounted cyclist. This case distinguished Jones v. Santel, 164 Ohio St. 93, 57 Ohio Op. 106, 128 N.E.2d 36 (1955) which held that an intoxicated person who was pushing a bicycle was a pedestrian and not operating a vehicle. You can even get a bicycle DUI on a child's bike that is way too small...

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Dayton DUI – DUI Expungement

DUI Expungement No DUI expungement under Ohio law? One of the reasons I am proud to defend DUI cases, is that these cases are unduly stigmatized.  For example, if you punch someone in the nose your friends will say, "Wow, what happened?" If, however, you say you were charged with a DUI, they will say, "Oh, I'm sorry."  It is this assumed guilt that is like no other criminal offense.  It erodes at our Constitutionally guaranteed right to be presumed innocent. What makes this presumption particularly frustrating is that DUI cases are notoriously hard for the prosecution to prove. An experienced attorney can find...

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How Does Ohio Spend Federal OVI Grant Money?

Ohio OVI Grant Money Breakdown

Earlier this week I gave you a breakdown of the OVI grant money received by Ohio in fiscal year 2015 from various federal grant programs. As you will recall the total was a whopping $18,020,292.  Of that money, $5,028,774 was received by Ohio in FY 2015 to fight OVI. This post will focus on the Section 405(d) grants that are specifically targeting impaired drivers.

Under the federal program (SAFETEA-LU), Ohio was eligible for this grant in one of two ways:

The National College for DUI Defense

What Is The National College For DUI Defense? The National College for DUI Defense, Inc. (NCDD) is a professional, non-profit corporation dedicated to the improvement of the criminal defense bar, and to the dissemination of information to the public about DUI Defense Law as a specialty area of law practice. The National College is headquartered in Montgomery, Alabama. It consists of a governing Board of Regents, a Founding Membership, a Sustaining Membership and a General Membership. National College for DUI Defense members represent the most experienced DUI defense attorneys in the country. The original Founding Members funded the establishment of the college,...

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“Weed Day” How Did 420 Get It’s Name?

April 20th is Weed Day. I am fascinated by the origin of the term "420" and how it became associated with marijuana.  There are as many stories about its origin as there are people you ask.  Just a short search on Google leads to the following "Weed Day" origin stories. It’s the number of active chemicals in marijuana. It’s teatime in Holland. It has something to do with Hitler’s birthday. It’s those numbers in that Bob Dylan song multiplied. It was like a police code for smoking in progress or something. In 2003, when the California Legislature codified the medical...

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Martin Luther King Jr. Day: A Call To Action

Martin Luther King Jr. Day - A Call To Action I am celebrating this Martin Luther King Jr. Day by joining my voice with the chorus who recognize the "War on Drugs" is a racist construct that must be concluded.  Our decades-old war on drugs is a racist conspiracy. It was designed to unfairly incarcerate blacks to profit government agencies and corporate America.   In an article in the Huffington Post, Dylan Ratigan and Russell Simmons wrote, "A Federal law passed in 1986 allowed law enforcement agencies to seize drug money, and use it to supplement their budgets. Grabbing cash connected to drugs...

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Retrograde Extrapolation: The Rising Alcohol Defense

Retrograde Extrapolation: The Rising Alcohol Defense Retrograde extrapolation is the scientific and mathematical process used by chemists and toxicologists to estimate what a person’s blood alcohol content was at a specific time based on test results obtained at a later period of time. For the DUI case, it is used to determine whether or not a driver had a BAC of 0.08 or higher at the actual time of driving based on what the BAC was at the time of testing. Typically, we encounter retrograde extrapolation in cases where the collection of blood evidence is collected hours after the act of driving...

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Happy New Year from Dayton DUI

Here's a New Year's Wish from Charles Rowland and all of us at Dayton DUI. And ye, who have met with Adversity's blast, And been bow'd to the earth by its fury; To whom the Twelve Months, that have recently pass'd Were as harsh as a prejudiced jury - Still, fill to the Future! and join in our chime, The regrets of remembrance to cozen, And having obtained a New Trial of Time, Shout in hopes of a kindlier dozen. Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio.  He has the credentials and the experience to win your...

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