13 June

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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...

30 May

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OVI Voir Dire: How To Pick A Jury In An OVI Case

Posted by Dayton DUI

in DUI Law

OVI Voir Dire - How To Pick A Jury In An OVI Case If you tell your friends that you punched someone in the nose, they will ask, "Why...

15 May

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HGN Test Doomed By Lack Of Training

Posted by Dayton DUI

in Uncategorized

HGN Test Doomed By Lack Of Training According to their own manual, the HGN test, Horizontal Gaze Nystagmus, is the most reliable of the three standardized field sobriety tests. The police are trained that it is 77% accurate at detecting subjects at or above a .10% blood alcohol concentration. But that is not the whole story.Officers are not told that everyone (EVERYONE) has nystagmus. The presence of alcohol merely enhances or magnifies this natural effect. In addition, they are instructed that there are 40 different kinds of nystagmus. Yes, everyone - but that is somehow not important to their training. The fact...

24 April

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Xenia OVI Defense: Top Strategies To Win Your Case

Posted by Dayton DUI

in Xenia

XENIA OVI DEFENSE When people need an Xenia 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 successfully resolve...

20 April

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“Weed Day” How Did 420 Get It’s Name?

Posted by Dayton DUI

in Announcements, Drugs & Alcohol

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...

10 April

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Fairborn OVI Defense: Top Strategies To Win Your Case

Posted by Dayton DUI

in Uncategorized

FAIRBORN OVI DEFENSE When people need an Fairborn 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 successfully resolve...

09 April

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Are You The Best OVI Lawyer?

Posted by Dayton DUI

in Uncategorized

Are You The Best OVI Lawyer? Someone called my office the other day and demanded an answer. "I want the best OVI lawyer, Is that you?" Believe it or not, I have encountered this question a few times. I always answer by saying, "I have experience, credentials and a great track record, but you should sit down with me and see if I'm right for you." The truth is that you have to choose an attorney who is qualified. Once they pass that test, you have to judge them on a more intuitive level. Do you like them? Has their staff...

06 April

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DUI Process Overview: What Does Your Attorney Do Prior To Trial

Posted by Dayton DUI

in DUI Process

DUI Process Overview - What Does Your Attorney Do? To understand your case, we offer this DUI process overview. It will help you understand what your attorney does. It also lets you participate in your case. You are in charge.An attorney will spend a great deal of time listening to your version of events. He will scrupulously track down potential witnesses and talk to every person who was with you on the night you were arrested. If possible, the attorney will get a copy of your bar bill to show exactly what you had to drink. Your attorney will also explain...

05 April

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Felony OVI – Aggravated Vehicular Homicide (VIDEO)

Posted by Dayton DUI

in DUI Law

Felony OVI - Aggravated Vehicular Homicide Felony OVI -Aggravated Vehicular Homicide, O.R.C. 2903.06, is a crime that results from the death of another caused by the defendant’s operating a vehicle while impaired. (a violation of R.C. 4511.19 -OVI) You can also be charge for driving negligently or recklessly under the law. The aggravated vehicular homicide statute encompasses driving an automobile recklessly or negligently (called vehicular homicide) whether or not alcohol played a part in the death. Often, defendants are indicted for multiple counts, with additional counts for each victim of the accident. Felony OVI - Penalties The penalties for an Aggravated Vehicular Homicide...

21 March

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What Happens At Your OVI First Appearance?

Posted by Dayton DUI

in Uncategorized

The following will happen when you appear for your OVI First Appearance. At your OVI first appearance you will be called into a big room with many people facing many different types of charges. The Judge, will explain the complaint or charge. This details the offense(s) you are charged with. In addition, the Court must explain it to you if you do not understand the nature of the charge(s).The Judge will also advise you of the potential penalties. Many people will plead guilty to the charges and receive their punishment. We are often confronted with people who regret their OVI arraignment...

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