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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. Can you answer "TRUE" to ALL of the following questions? If so, you can politely DECLINE any police test(s) of your blood, breath,...

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Non-Compliance Suspension?

 NON-COMPLIANCE SUSPENSION What is a non-compliance suspension? Any driver and/or owner who failing to show proof that they had automobile insurance in effect at the time of an accident/offense/random selection will lose his/her driving and registration privileges for a maximum of two years.  This suspension will stand until the following requirements are met: Carry a certificate of insurance (SR-22/bond) for three years Pay a reinstatement fee If you get a second non-compliance offense, the penalty is increased. The penalty for a second non-compliance offense in a five-year period is a one-year suspension. The suspension stands until the following requirements are met: Serve one-year...

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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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The Case Against The Supreme Court

In his new book, "The Case Against The Supreme Court," Supreme Court expert Erwin Chemerinsky makes the case that the United States Supreme Court is failing to live up to its historically important role.  He gave an enlightening interview to U.S. News [here] wherein he states "what he sees as the court's failures and suggests improvements to its structure to reverse the pattern of unjust decisions that he believes have already marred its legacy." Id. Here he describes what he sees as some of the court's recent failures. I would point in the race area to the Supreme Court's decision in...

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Don’t Volunteer Evidence – 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 of law. The officer will observe the way you...

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