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“All I Do Is DUI Defense” And That Inspires Some Reaction

"All I do is DUI defense." There is always that time at a party when someone will ask me what I do for a living. I proudly respond, "All I do is DUI defense." When I tell people what I do, it inspires some mixed responses. Some folks are perplexed that anyone would provide a defense to "those people."  Others attack my integrity and the integrity of the criminal justice system by stating that I am "just in it for the cash"  A more extreme reaction is to get so angry that you wish harm upon me and my family, "I...

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How To Obtain Driving Privileges In The Xenia Municipal Court

Obtaining driving privileges in the Xenia Municipal Court is available via an online petition available HERE via the court website.  The Clerks have been instructed by Judge Michael K. Murry to reject applications for driving privileges unless the requests comply with the following requirements:The request must be completely legible. The request must be completely legible. The name, address, and telephone number of the applicant’s supervisor is evident on the application.If the applicant is requesting driving privileges during working hours, then an explanation of why the applicant needs to have driving privileges during the workday is necessary (i.e., deliver pizzas,...

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Why Was I Charged With Two OVI Offenses?

Why Was I Charged With Two OVI Offenses?   Often, the arresting law enforcement officer will charge both the per se (you tested over the legal limit of .08) and appreciable impairment (you looked and acted drunk), knowing that you cannot be convicted of both.  In essence, the officer is hedging his bets, hoping that if your test is found to be faulty you can still be found guilty of being impaired.At your trial or sentencing hearing, your conviction will either be for the per se or appreciable impairment charge.  At DaytonDUI, we will help you understand the pros and cons of any plea agreement and empower...

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Should I Blow? Now You Know!

When you are stopped on suspicion of OVI the question becomes - "Should I Blow?" . In this video, DUI attorney explains how the Breathalyzer test affects your defense. Unfortunately, the answer is "maybe" and 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...

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An Out-of-State OVI Offense Enhances A Wright-Patterson OVI

An Out-of-State OVI Offense Enhances A Wright-Patterson OVI Babb & Rowland and DaytonDUI proudly serve the military community in and around Wright-Patterson A.F.B..  One of the recurring questions we get from military personnel is whether or not a federal or out-of-state DUI can be used to enhance a Wright-Patterson OVI.  At one time they did not.  Now, however, the offenses received in another state or on federal property do count. See Ohio Revised Code 4511.181(A).  DUI defense attorneys challenged the ex post facto application of R.C. 4511.181(A) but the courts have held that since it serves only as an enhancement it meets...

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Allergic To Alcohol – Is That A Thing?

Allergic To Alcohol - Is that a thing? Studies have shown about a third of Japanese, Chinese, and Koreans respond to alcohol by turning red. This condition is knows as "Alcohol Flush Reaction" and many refer to it as an allergy to alcohol.  The reaction is a condition in which an individual develops flushes or blotches associated with erythema on the face, neck, shoulders, and, in some cases, the entire body after consuming alcoholic beverages. The reaction is the result of an accumulation of acetaldehyde, a metabolic byproduct of the catabolic metabolism of alcohol, and is caused by an aldehyde...

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This Constitution Day, Let’s Restore Faith In The Criminal Justice System

The criminal law is precariously balanced between protecting our safety and preserving our freedoms. Good lawyers and good police officers work as adversaries, but in concert, to advocate for the system to be the best it can be. The current climate of "us versus them" is too prevalent in the system and has the potential for disastrous societal ramifications.Policy-makers have imposed agenda driven outside influences on the criminal justice system that make balance hard, if not impossible. When this happens we have decade long imbalance that results in citizens distrusting the system. The "War on Drugs" and Prohibition are examples...

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Fairborn Municipal Court 2014 Annual Report

The Fairborn Municipal Court, 1148 Kauffman Ave., Fairborn, Ohio 45324. The Fairborn Municipal Court has released its 2014 "Annual Report." Here are some highlights:The total number of charges filed in 2014 was 21,677; In 2014, the Court conducted 70 Criminal and Traffic Trials; In 2014, the Court conducted 2 jury trials; There were 601 OVI (drunk driving) cases filed in 2014; The Ohio State Highway Patrol was the most active agency brining 299 OVI charges. Beavercreek P.D filed 152. Fairborn P.D. filed 120, Greene County Sheriff filed 28 OVI charges and one (1) was filed by Greene County Parks and Wright State University;If you find...

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Why The Founders Opposed Militarized Police

Just how opposed were the Founding Fathers to a pervasive militarized police force?  Their revolutionary experience forged a deep mistrust of standing armies.  They were viewed as a pernicious threat to liberty. Here are just a few quotes that explain how and why the idea (what we would call a police state today) was anathema to the first Americans.During the Virginia ratifying convention, James Madison described a standing army as the “greatest mischief that can happen.”Fellow delegate to the Constitutional Convention of 1787, George Mason put a finer point on it: No man has a greater regard for the military gentlemen...

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