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DUI Process

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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Dayton DUI Lawyer – Alcohol & The Human Body

I am a Dayton DUI lawyer. If you face a drunk driving charge, please give me a call. Alcohol & The Human Body The pharmacodynamic properties of alcohol classify it as a central nervous system depressant. The more you consumed the greater its effects. It impairs both cognition (the process of knowing, thinking, learning and judging) and psychomotor skills (voluntary movement).  If you think of the evolution of the brain, the affects of alcohol are felt by the most recently developed parts of the brain. These parts of the brain are responsible for judgment, inhibition, personality, intellectual and emotional states. If you continue...

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Teen Drivers Beware – Ohio’s Rules For Obtaining A License

Obtaining a license has changed for teen drivers in Ohio. Teen drivers face a three-step process to obtaining a license. The first step begins when you turn 15 1/2. At this time you may apply for a temporary permit. Then take the drivers license knowledge exam and the eye test.  If you pass, you will receive a confirmation number to present to your local BMV. You are required to bring a copy of your birth certificate and must be accompanied by a parent or guardian. When you are  driving with a temporary permit, you must be accompanied by a parent, guardian or licensed driving...

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Alcohol Elimination – Sugar Is Better Than Coffee

Sober Up With A Donut - Alcohol Elimination Facts Alcohol elimination is known to be accelerated by sugar (fructose).  [Keegan A, Batey R Dietary Carbohydrate Accelerates Alcohol Elimination, But Not not Alter Hepatic Alcohol Dehydrogenase, Alcohol, Clin Exp Res, 1993, 17(2):431-433.] In addition, subjects who received 1 g/kg of fructose 1 hour after alcohol did not experience a change in peak alcohol concentration.  Instead, they experienced an increased elimination by 20-30%.  [Crownover BP, La Dine J, Bradford B, Glassman E, Forman D, Schneider H, Thurman RG, Activation of Ethanol Metabolism in Humans by Fructose: Importance of Experimental Design, J Pharmachol Exp...

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Marked Lane Violation – What Is The Law?

Marked Lane Violation: The Cases of Muller, Thomas, Parker, and Shaffer Quick Answer: When a vehicle crosses a marked lane for reasons other than safety, you are able to pull someone over for a marked lane violation. Each of these cases deals with a traffic stop under Ohio Revised Code (ORC) 4511.33(A)(1) for a marked lane violation that led to arrest on other criminal violations. In general, the law requires drivers to stay, as much as possible, within a single lane and to not move from their lane without first making sure it’s safe to do so. Marked Lane Violation Case Law State of Ohio...

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Arrested for OVI? Should You Blow?

When you are stopped on suspicion of DUI the question becomes - "Should You Blow?" Unfortunately, the answer is "maybe. " The analysis involves a very complicated investigation of the facts of your case and your personal history. You should NEVER refuse the test without understanding how a refusal would affect YOU. No attorney can know all of the circumstances of your arrest and your personal history. Always ask to speak to an attorney when making this decision. Here's the test Can you answer "TRUE" to ALL of the following questions? If so, you can politely DECLINE any police test(s) of your...

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Admitting OVI Blood Tests Made Easier By Ohio Supreme Court

A REVIEW OF BLOOD TEST REGULATION IN OHIO In Ohio, a blood test is administered by a crime lab or the collecting health care agency. The blood must be drawn by a licensed medical professional.  In cases where blood tests are administered by a crime lab, the Ohio DUI driver’s blood sample must be drawn within three hours of the perceived infraction.  In addition, it must be tested in compliance with regulations drafted by the Ohio Department of Health. Because of their complexity, an attorney focusing on DUI defense exclusively should be considered. Please consult the articles on the ODH rules on this...

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Springfield Red Light Camera Program Restrictions Upheld

Springfield was trying to defy the (relatively) minor rules placed on their use of automated ticketing machines. On Friday, the Second District Court of Appeals ruled that it was entirely constitutional for the legislature require police presence where photo ticketing devices are in use (view ruling). Springfield refused to make any changes at all in the way their private vendors operated. They filed suit to block enforcement, objecting to the new law's requirement that a safety study justify the use of a camera and the prohibition on ticketing vehicles allegedly traveling 5 MPH or less over the speed limit. "Upon review, we conclude...

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Speed Camera Scams Still A Thing In Ohio

If you think that Senate Bill 342 banned all speed cameras, you must not have driven through Newburgh Heights. Tucked over off I-77, Newburgh Heights has continued issuing tickets with hand-held devices that don't require officers to pull anyone over to issue a citation. To supplement their budget, they are churning out tickets at the tune of 300 per week. Plenty of folks aren't happy about it but Newburgh Heights doesn't care.  Another Ohio city, Linndale, has built essentially a house with all the comforts of home — so that it can reap the benefits of traffic cameras while some Linndale...

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