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Prior OVI Convictions: State v. Brooke

Do You Have A Prior OVI Conviction? We Can Help With That In State v. Brooke (2007), 113 Ohio St.3d 199 the Ohio Supreme Court addressed the issue of a prior OVI conviction. Via Justice Lanziger held the state to its burden in proving the voluntariness of waivers of counsel in prior OVI convictions.  The State will be required to show more than that a conviction was recorded and, when challenged, carries the burden of proving the waiver of counsel was voluntary and complied with applicable law.  If you face a 2nd, 3rd, 4th or 5th DUI make sure your attorney makes the...

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Alcohol Absorption: Food On The Stomach

Alcohol Absorption: Food On The Stomach The factor that has the largest effect on the rate of alcohol absorption is the amount and type of food in the stomach. On average a person consuming alcohol on an empty stomach will reach a peak alcohol concentration within approximately 30 minutes after the end of drinking. With a moderate amount of food present in the stomach the peak may be may not be reached until one hour after the conclusion of drinking. Alcohol Absorption: Peak Alcohol Concentration When a large amount of food is present in the stomach, it may take as long as two...

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DUI Divorce Issues

DUI Divorce Issues DUI divorce issues are common. If you are involved in a custody dispute, or have a vindictive spouse who would like to start one, a DUI conviction can be used against you in domestic relations court.  In addition, automatic license suspensions may make it difficult to exercise visitation with your children.  You may also find a court who will refuse to let you transport the children due to a DUI conviction. This increases the cost or difficulty in seeing your kids.   If you are seeking an adoption, a DUI conviction may be used against you by an investigating...

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SCRAM! Secure Continuous Remote Alcohol Monitoring

SCRAM! Secure. Continuous. Remote. Alcohol Monitoring. SCRAM bracelets attach to a person's ankle and look for the presence of alcohol in sweat. These bracelet programs are a form of continuous alcohol monitoring. In addition, they come with the benefit of not requiring frequent in-person check-ins. Ohio judges order or allow use of a SCRAM bracelet as a condition of parole, probation, or early release of those convicted of driving under the influence. Most often, judges order monitoring for repeat DUI offenders. For a long time, judges have ordered certain DUI offenders not to drink any alcohol, particularly those who have shown a severe problem with alcohol....

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OVI in Miamisburg Ohio: What you need to know

Charged with an OVI or DUI near Miamisburg? Charles Rowland has over 20 years experience defending the accused drunk driver in Miamisburg and surrounding areas. He is proud of all the hard work he has done for clients in the Miamisburg Municipal Court. Since 1995, he has appeared on behalf of the accused drunk driver and has been dedicated exclusively to drunk driving defense for most of those years. He is uniquely qualified to be your DUI lawyer due to his experience as a municipal court prosecutor, a mediation judge and a special prosecutor in DUI cases. What’s more, he has received certification...

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Horizontal Gaze Nystagmus – Understanding The “Most Reliable” Roadside Test

Horizontal Gaze Nystagmus The horizontal gaze nystagmus test is an eye test approved by the National Highway Traffic Safety Administration(hereinafter NHTSA) as a tool to detect clues of impairment in drivers.  The HGN test is one of three psychomotor tests approved as part of the standardized field sobriety testing protocol employed by law enforcement officers throughout the United States and used here in Ohio. HGN: What Is The Science? Nystagmus is defined as the oscillation of the eyeball that occurs when there is a disturbance of the vestibular system or the oculomotor control of the eye.  During the test, a law enforcement officer is looking for is an involuntary...

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The Finger Dexterity Test

The Finger Dexterity Test, "Damn, Your Drunk Tests Are Hard." In the movie, The Man With Two Brains, Steve Martin's character is subject to ridiculous roadside sobriety tests. Some of the tests to which Ohio drivers are subjected are also suspect.  One such test is the Finger Dexterity test.The Finger Dexterity test is not a Standard Field Sobriety Test. It has not been recognized by the National Highway Traffic Safety Administration. It is arbitrary and of little value. However, this test is a favorite amongst Ohio law enforcement officers.  Try the test yourself. I have administered this test on countless individuals...

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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 Breathalyzer 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. Wondering if you still have a defense if you take the Breathalyzer test? https://youtu.be/74L8uXECD9A Here's the test Can you answer "TRUE" to ALL of the following...

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DWI, DUI, OMVI, OVI, Drunk Driving – Is There Any Difference?

DWI, DUI, OMVI, OVI, Drunk Driving - Is There Any Difference? Spoiler Alert: DWI, DUI, OMVI and OVI all mean the same thing.  Operating a vehicle under the influence alcohol violates Ohio Revised Code 4511.19. Colloquially, the most common way to describe drunk driving is by referring to it as a DUI. In addition, news organizations use the term DWI. DWI (driving while impaired) is also frequently used to describe drunk driving.Here in Ohio we don't use DWI, DUI or OMVI to describe the legal charge.  In 1982, Ohio enacted a law that refers to driving under the influence of alcohol or drugs...

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Miamisburg Municipal Court Case Look-Up Information

If you have been arrested on suspicion of drunk driving in the Miamisburg Municipal Court, you can find information about your OVI case at the Miamisburg Municipal Court Public Information (case look-up) site - HERE. Find out everything you need to know about an  OVI or DUI in Miamisburg hereThe jurisdiction of the Miamisburg Municipal Court includes any arrest for misdemeanor DUI in  Miamisburg, West Carrollton,Germantown, German Township or Miami Township.  The Miamisburg Municipal Court, located at 10 N. First Street, Miamisburg, Ohio 45342, serves a population of over 80,000 and handles in excess of 15,000 cases per year.  The court is open Monday through Friday, 8:00...

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