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Tired or Drunk? Field Tests Cannot Distinguish Between The Two

Field Tests Are Not Fair If You Are Tired! Imagine yourself driving home late at night after a long day at work. You have been putting in long hours to finish a project. Your eyes are bloodshot from looking at a screen all day and you need a shower.  Your wife calls and you fumble for the cell phone.  As you do, you drift slightly across the yellow lane dividing lines. That is when you see the lights of a police officer behind you.  He approaches your car window and asks what you had to drink.  Then he asks you to...

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Franklin Municipal Court Drug Court Is Coming

Judge Rupert E. Ruppert of the Franklin Municipal Court will soon be implementing a drug and a mental health docket. The decision follows a decision by the Warren County Commission to hire a full-time magistrate to help implement the new dockets.  Greg Demos was picked by Judge Ruppert to be the Court's Magistrate. The plan is to have both of the programs up and running by June. The Franklin Municipal Court, like many courts in the Miami Valley, has been dealing with an increase in heroin cases in Franklin, Carlisle and Franklin Township. [see DDN story]We will report whether or not...

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State Patrol Seat Belt Law Campaign: What Is The Seatbelt Law?

Troopers Will Ticket You For Seat Belt Law Violations Starting Monday! On Monday (May 18, 2015) the Ohio State Highway Patrol will begin a seat belt law enforcement blitz targeting drivers and passengers who are not buckled up. The seat belt crackdown is part of the national Click It or Ticket campaign.What makes this an interesting push by troopers is Ohio's seatbelt law (O.R.C. 4513.263 ) is a secondary offense, meaning that a trooper has to have another reason for pulling you over. Primary seat belt laws allow law enforcement officers to ticket a driver or passenger for not wearing a seat belt,...

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It Is Prom OVI Season – Talk To Your Kids!

Prom OVI season is here! That means that Mothers Against Drunk Driving and their partners in law enforcement have begun the annual Prom enforcement blitz.  In addition to tuxedos, ugly wrist corsages and the awkward pictures; make sure you talk to your teen about managing a police encounter.MADD has shifted its focus away from its singular mission of preventing drunk driving, to include an effort to curb underage drinking.  The Prom OVI enforcement is used in conjunction with their efforts at instilling fear amongst parents who may provide alcohol to minors in their home.  This initiative has been aided by a national...

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Kettering Municipal Court – What Do I Plead?

On its site, the Kettering Municipal Court offers an explanation of the three possible pleas you may enter in your case.   The court states as follows: Pleas You May Enter and Your Rights Under These PleasYou may choose to enter any of these pleas when you appear before the Judge:NOT GUILTY PLEABy pleading NOT GUILTY, you are denying the charge. The prosecution will be required to prove its case against you beyond a reasonable doubt at a trial. THE TRIAL WILL BE SET FOR A LATER DATE.If the offense you are charged with carries the potential for jail time as...

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What is a Physical Control Violation? Is It Better Than An OVI?

Why should I consider a reduction to Physical Control? Want to know what physical control means for your case? Watch our video on physical control charges .  While a “physical control” conviction (O.R.C. 4511.194)  is similar to an OVI conviction (O.R.C. 4511.19) in that both are alcohol-related first degree misdemeanors, the PC conviction does not carry mandatory minimum penalties. In fact, a court may give proportionally lighter penalties due to the fact that you did not operate your vehicle and place others at risk.There are many reasons why an attorney may seek a physical control charge as a reduction from an OVI...

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Ohio State Highway Patrol – Ohio’s Drug Warriors

A state law passed in 2012 banned knowingly possessing hidden compartments in vehicles that are designed to conceal elicit drugs or evidence. The Ohio State Highway Patrol has used this law in their role as Ohio's leading drug warriors. Since 2012, OSP has tallied 24 cases of hidden compartment violations and counting.  Punishments are steep with charges ranging up to a second degree felony.  In addition, the car is crushed.If you are involved in a traffic stop, expect that the trooper is looking to convert the stop into a drug investigation.  Drug citations growing! More than 7,000 violations were tallied in...

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Felony OVI Prompts Questions Over Juvenile’s Right To Counsel

Yesterday, the Ohio Supreme Court ruled in a felony OVI case that a juvenile has a right to counsel at every stage of a legal proceeding.  State v. Bode, Slip Opinion No. 2015-Ohio-1519.As stated in CourtNews, the court held that, "If confinement is a possible punishment for a juvenile, the juvenile must have waived his or her right to an attorney before the adjudication can be used to enhance a later adult conviction for driving under the influence of drugs or alcohol (OVI), the Ohio Supreme Court held."In this case, the court determined that the 2011 sentence for Jason T....

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The Phase Two Finger Dexterity Test

Can you do the Finger Dexterity Test? There are three distinct phases to an alcohol investigation. The first phase involves the officer's observation of a person's driving. It is called the "Vehicle In Motion" phase. The ultimate determination in this phase is whether or not the officer will initiate a traffic stop.  Phase one of the investigation ends when the driver stops the car.Phase two, the "Personal Contact Phase" begins when the officer comes into contact with the driver.  The officer is trained to look, listen, and smell for cues of impairment. The ultimate decision in this phase is whether or...

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Ohio DUI Defense – What Books Do You Need?

Ohio DUI defense includes having the right materials to prepare your case for trial.  There are 14 NHTSA police training manuals that are specific to an DUI/OVI case.  They are:NHTSA DWI Detection and Standardized Field Sobriety Testing - Instructor Manual NHTSA DWI Detection and Standardized Field Sobriety Testing - Participant Manual NHTSA Drug Recognition Expert 2-Day Pre-School - Instructor Manual NHTSA Drug Recognition Expert 2-Day Pre-School - Participant Manual NHTSA Drug Recognition Expert 7-Day School - Instructor Manual NHTSA Drug Recognition Expert 7-Day School - Student Manual NHTSA Drugs that Impair Driving - Instructor Manual NHTSA Drugs that Impair Driving - Student Manual NHTSA Standardized Field Sobriety Testing...

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