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Appreciable Impairment Offenses – You Look Drunk!

Appreciable Impairment Offenses:  If you refuse to take a chemical test, the State might still be able to prove you guilty of an OVI if they prove (beyond a reasonable doubt) that you  operated a motor vehicle after having consumed some alcohol, drugs of abuse, or a combination of the two and their ability to operate the motor vehicle was appreciably impaired.  How does a jury determine “under the influence?”  The following is an excerpt from the Ohio Jury Instructions regarding appreciable impairment cases: “Under the influence” means that the defendant consumed some (alcohol) (drug of abuse) (combination of alcohol and...

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Horizontal Gaze Nystagmus – Understanding The “Most Reliable” Roadside Test

Horizontal Gaze Nystagmus The horizontal gaze nystagmus test is an eye test approved by the National Highway Traffic Safety Administration(hereinafter NHTSA) as a tool to detect clues of impairment in drivers.  The HGN test is one of three psychomotor tests approved as part of the standardized field sobriety testing protocol employed by law enforcement officers throughout the United States and used here in Ohio. HGN: What Is The Science? Nystagmus is defined as the oscillation of the eyeball that occurs when there is a disturbance of the vestibular system or the oculomotor control of the eye.  During the test, a law enforcement officer is looking for is an involuntary...

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The Finger Dexterity Test

The Finger Dexterity Test, "Damn, Your Drunk Tests Are Hard." In the movie, The Man With Two Brains, Steve Martin's character is subject to ridiculous roadside sobriety tests. Some of the tests to which Ohio drivers are subjected are also suspect.  One such test is the Finger Dexterity test. The Finger Dexterity test is not a Standard Field Sobriety Test. It has not been recognized by the National Highway Traffic Safety Administration. It is arbitrary and of little value. However, this test is a favorite amongst Ohio law enforcement officers.  Try the test yourself. I have administered this test on countless individuals...

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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 Breathalyzer 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. Wondering if you still have a defense if you take the Breathalyzer test? https://youtu.be/74L8uXECD9A Here's the test Can you answer "TRUE" to ALL of the following...

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DWI, DUI, OMVI, OVI, Drunk Driving – Is There Any Difference?

DWI, DUI, OMVI, OVI, Drunk Driving - Is There Any Difference? Spoiler Alert: DWI, DUI, OMVI and OVI all mean the same thing.  Operating a vehicle under the influence alcohol violates Ohio Revised Code 4511.19. Colloquially, the most common way to describe drunk driving is by referring to it as a DUI. In addition, news organizations use the term DWI. DWI (driving while impaired) is also frequently used to describe drunk driving. Here in Ohio we don't use DWI, DUI or OMVI to describe the legal charge.  In 1982, Ohio enacted a law that refers to driving under the influence of alcohol or drugs...

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Vandalia OVI Defense: Top Strategies To Win Your Case

Vandalia OVI DEFENSE When people need an Vandalia OVI defense attorney, the biggest challenge is knowing whether or not an attorney truly has the skills, knowledge, training, tools, resources, and strategies that are needed to successfully resolve and win drunk driving cases. Countless attorneys handle impaired driving cases. However,  only a small percentage have the skills that are needed to successfully resolve and win cases. Unfortunately for the public, even attorneys who have been practicing law for many years and devote a significant portion of their practice to OVI law, often don’t have the resources, and strategies that are needed to...

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You Have Rights! Use Them!

You Have Rights! You have rights - use them! A typical DUI/OVI stop starts with a probable cause traffic stop.  Depending on the time of day, the location or the way you are driving, the officer may begin the encounter believing that you are possibly "19" (police shorthand for a possible R.C. 4511.19 (DUI) violation). Probable cause for the stop can be anything from severe weaving or crashing all the way down to something as de minimus as a license plate light out.  The officer's true purpose in pulling you over cannot be questioned if there is even a minor violation...

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Need A Wilmington DUI Lawyer? I Can Help!

Looking for a Wilmington DUI Lawyer? Wilmington DUI Lawyer Charles Rowland can help! Hiring the best attorney is the first step in winning your case. Recently we received multiple calls regarding Wilmington OVI charges. This is the place to come for information about your case. Yes, I handle OVI cases in Wilmington and throughout Clinton County. For over twenty years, I have helped people accused of drunk driving.  I regularly appear in the Clinton County Municipal Court in Wilmington. Because you wanted information about the court, here is a comprehensive list of links that will provide you with all the necessary tools.  Call...

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Arrested for Physical Control?

What is a Physical Control charge? https://youtu.be/JaywvEoqoIM In this Video Charles Rowland explains what the physical control option is for a DUI in Ohio. Pursuant to Ohio Revised Code 4511.194 (effective Jan. 1, 2005), it is illegal to be in physical control of a vehicle while under the influence. "Physical Control" is defined as being in the driver's seat of a car and having possession of the vehicle's keys.  Physical Control does not require that the vehicle have ever been driven or even started.  Under the statute, having the keys within reach will satisfy the definition of having “physical control.” This is a growing problem...

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Reckless Operation in Ohio: What is the Law? – Video

RECKLESS OPERATION: What is the law? https://youtu.be/R0IvweB5sdY This video explains what reckless operation means for your Ohio drivers license and the difference between a reckless operation and an OVI.  Reckless operation in Ohio can constitute any number of offenses within the Ohio Revised Code dealing with operation of a vehicle with willful or wanton disregard to persons or property.  Commonly, reckless operation is charged under O.R.C. 4511.20 (all codes sections are set forth below).  There is a separate O.R.C. section dealing with reckless operation while off-road (O.R.C. 4511.201) and while on a watercraft (O.R.C. 1547.07).  O.R.C. 4511.202 is Ohio’s Reasonable Control Statute. The Ohio Supreme...

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