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Police Do Not Need To Know Law To Enforce It – Heien v. North Carolina

Heien v. North Carolina, No. 13–604. Argued October 6, 2014—Decided December 15, 2014 ; another case giving police more power to stop and arrest and another body blow to the Fourth Amendment.In 2009, Nicholas Heien and a friend were traveling on a highway in North Carolina when they were stopped for having a broken tail light. Subsequently, a search of the car found a plastic bag containing cocaine. Where this case takes a turn is when we learn that the police had no legal right to stop the car because, under North Carolina law, having a single broken tail light is...

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Policing For Profit Approved By Ohio Supreme Court

If you were hoping that the Ohio Supreme Court would curtail a city's ability to implement policing for profit, you would be disappointed.  Last week, in Walker v. Toledo, Slip Opinion No. 2014-Ohio-5461, a divided Supreme Court ruled that cities in Ohio have complete freedom to set up tribunals that do away with due process protections for motorists accused by a machine.The majority opinion, written by Justice Kennedy held specifically that, Municipalities have home-rule authority under Ohio Constitution, Article XVIII,to impose civil liability on traffic violators through an administrativeenforcement system—Ohio Constitution, Article IV, Section 1 and R.C.1901.20 do not endow municipal courts...

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Can I Get Limited Driving Privileges In My OVI Case?

Q. Can I get limited driving privileges during the pendency of my OVI case?A court may grant  privileges to a person who has had their license suspended pursuant to a pending OVI.  The Ohio Revised Code, 4510.021 limits driving to the following purposes: (1) Occupational, educational, vocational, or medical purposes; (2) Taking the driver's or commercial driver's license examination; and (3) Attending court-ordered treatment.  A court is granted broad discretion to impose restrictions so long as the restrictions are reasonable.  While most courts will not impose an ignition interlock devise or restricted "party" plates on a first offense OVI, the statute specifically grants...

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Alcohol Flush Reaction: An Allergy to Alcohol

Have you ever heard anyone say that they are "allergic" to alcohol?  Well, if the person is of Asian descent, they may have a common reaction to alcohol know as Alcohol Flush Reaction.Studies have shown about a third of Japanese, Chinese, and Koreans respond to alcohol by turning red.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...

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Dayton DUI Checkpoint Tonight (Dec. 12th 2014)

There will be a Dayton DUI checkpoint tonight in the area of North Gettysburg Avenue and Kings Highway from 9:00 p.m. until 1:00 a.m. If you want to learn about future checkpoint alerts in Dayton sign up here for text alerts. Stay ahead of the checkpoints! If you want to receive updated information on sobriety checkpoints, enhanced traffic enforcement, saturation patrols and other important developments that affect you, sign up for text alerts on the main page of this blog. Text alerts will be sent directly to your mobile device/smartphone in the location you choose in the Miami Valley. This service...

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Aggravated Vehicular Assault: What is Operation?

In order to convict a person of Aggravated Vehicular Assault, the State is required to prove, beyond a reasonable doubt, that, “while operating * * * a motor vehicle, * * * cause[d] serious physical harm to another person * * * [a]s the proximate result of committing a violation of division (A) of section 4511.19 of the Revised Code * * *.” R.C. 2903.08(A)(1)(a).The Ohio Jury Instructions with respect to vehicular assault provide a definition of “operate” which mimics that found in R.C. 4511.01(HHH).  The definition of “operate” in R.C. 4511.01(HHH) encompasses past or completed movement of a vehicle.  Ohio...

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Do You Face A Military OVI Charge?

Do you face a military OVI? The consequences of an OVI while serving active duty in the military can be devastating: dishonorable discharge, rank reduction, pay deduction, loss of security clearance, fines and jail time and mandatory military counseling sessions and potential exclusion from some sensitive operations.  Military regulations often subject its members to enhanced Non-Judicial Punishment (NJP), which go above and beyond the punishments allowed by civilian law.  We are seeing more cases where the leadership is “cracking down” on drunk driving offenses and promising to end the career of personnel who are found guilty of a military OVI offense.  This...

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Juveniles In Solitary Confinement – Sad But True

Summary:  Juveniles in Solitary Confinement, some as young as 10 years of age, do exist in our society today.What is it like to be locked up in solitary confinement when you are just a child?Juvenile facilities across the country house children as young as 10 years old in isolation either as punishment or as part of the regular jail/detention operation.  Across the U.S, children spend days and months in solitary confinement. The ACLU found that in 2011 more than 95,000 children spent time in isolation.In a subsequent report, the ACLU writes, “This bare social and physical existence makes many young people...

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Changes To The 2013 NHTSA Standardized Field Sobriety Test Manual

There is a new NHTSA Standardized Field Sobriety Test training manual and it is significantly changed from prior versions.  Included is the new focus of law enforcement on impairing drugs.  The new information lays the groundwork for full implementation of the Drug Recognition Expert protocol now making its way into Ohio law. This article will focus on the changes in a format that follows the NHTSA Standardized Field Sobriety Test training manual text, session by session.  Full versions of the NHTSA DUI training manual are available at various sources on the internet.  This article incorporates the work of various authors and...

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Holiday DUI Blitz Begins December 6th

The Ohio State Highway Patrol announced its annual "Holiday DUI Blitz."  The 6-State Trooper Project is a multi-state law enforcement partnership aimed at providing combined and coordinated law enforcement and security services in the areas of highway safety, criminal patrol and intelligence sharing.The holiday dui  initiative will take place from Friday, December 5 at 12:01 a.m. through Sunday, December 7 at 11:59 p.m. This high-visibility enforcement effort will include the Indiana State Police, Kentucky State Police, Michigan State Police, Ohio State Highway Patrol, Pennsylvania State Police and the West Virginia State Police. Charles M. Rowland II dedicates his practice to defending...

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