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Proving Prior Convictions (Evidence Rule 902)

Just how hard is it for the prosecution to prove prior convictions in OVI cases? The government has the burden of providing a foundation that the documents proving prior convictions should be relied upon. The Ohio Rules of Evidence, Evid. Rule 902, provides that extrinsic evidence of authenticity, as a condition precedent to admissibility, is not required under three (3) specific circumstances:Domestic Public Documents Under Seal: These can include documents from other states, districts or political subdivision. Domestic Public Documents Not Under Seal: These include documents without a seal, but bearing some attestation that the signatory had the authority to sign the...

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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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Dayton Municipal Court To Include Translation Services

Dayton Municipal Court to offer Translation Services The foreign born population in the United States has boomed over 57% in the last decade. More than one in 15 of our fellow Ohioans speak only "a little" English or speak "less than well." Russian, Swahili, Somoli, Turkish and other dialects make up a large proportion of the non-speaking population, as well as the growing Spanish-speaking population in the Dayton area. Language barriers can make it hard or confusing for citizens to access needed services, and criminal defendants and victims have the right to understand what’s happening in their cases.Welcome Dayton, the Dayton...

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Supreme Court To Decide DUI Cases

In a follow-up to its recent decision in Missouri v. McNeely, the Supreme Court agreed to decide whether a blood or breath test for drunk driving can be made without a search warrant and whether, if there is no warrant, an individual can be charged with a crime for refusing to take such a test.As in Ohio, North Dakota, state laws bars a person from driving in the state if he or she refuses to submit to a chemical test, of blood, breath or urine, to determine alcohol concentration. It makes refusal to take such a test open to prosecution...

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Commercial Drivers Beware – OSP To Target You This Week

Commercial Drivers Beware! The Ohio State Highway Patrol joined a week-long effort focused on increasing commercial drivers  tickets. The initiative includes officers with the Michigan State and Indiana State police departments, who will focus on violations by commercial vehicle drivers that are proven to contribute to crashes, including: speed, following too closely, improper passing, distracted driving and improper lane use. The initiative began Monday and runs through Saturday, Dec. 12.This type of enforcement is grant-funded and designed to cause untold problems with truck drivers who depend on their license to earn a living. What makes it particularly ugly is that commercial drivers...

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Xenia OVI Arrests – Now With Body Cameras

If you have a Xenia OVI case, your attorney can now ask for body camera footage of your arrest. All Xenia police officers are armed with body cameras according to information released by the city on Monday. The officers are using Digital Ally’s First Vu HD personal body cameras which were partially funded with a grant. If you've been arrested with an OVI start with our local guide. For Xenia OVI cases, this means that we will get to see the standardized field sobriety tests as the officer does. It may provide a defense to an officer's accusation that a defendant was slurring...

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Ohio OVI: What Are The Legal Limits?

In Ohio, an OVI refers to the charge of operating a vehicle while impaired by drugs or alcohol.  If your Blood Alcohol Content (BAC) and breath alcohol content (BrAC) is .08 or greater, you are considered to be “operating a vehicle impaired.” The .08 figure refers to the concentration of alcohol in your breath or in your blood.  There are also “legal limits” for the concentration of alcohol in a person’s blood serum or plasma and urine. For a urine sample, you will be over the “legal limit” if the alcohol concentration in your urine sample is .11 or greater.While...

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Ohio State Highway Patrol 6-State OVI Crackdown

State troopers in Ohio will take part in an OVI crackdown on impaired driving this week as part of a multi-state enforcement effort called the 6-State Trooper Project. State police from Indiana, Kentucky, Michigan, Pennsylvania and West Virginia will join in the project with the Ohio State Highway patrol from 12:01 a.m. Friday through 11:59 p.m. Sunday.If you find yourself charged with an Ohio OVI as a result of this law enforcement initiative, please give us a call. Dayton DUI is open 24/7 at (937) 776-2671. Put this number in your phone and have us at your fingertips....

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Drinking Underage In Ohio – What Are The Consequences?

Underage possession or consumption of beer or intoxicants is a serious crime in Ohio. The charges are first-degree misdemeanors carrying a maximum penalty of 180 days in jail and up to a $1,000.00 fine. Worse yet, a conviction may leave you with a “criminal record” which is much more serious than a fine or costs. Fear, shame or guilt may compel you to want to plead guilty to put the charge behind you, but that decision may have long-lasting and unintended consequences.If you are under 21 years old, drinking alcohol is illegal in the State of Ohio. Ohio Revised Code...

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