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Alcoholic beverage Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "Alcoholic beverage"

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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Top Ten Rules for Partying in Ohio

In light of the arrest made following the University of Dayton's victory, we offer college students these rules for partying (legally) in Ohio. Rule #1: Don't Drink and Drive Ohio has some of the most stringent drunk driving laws in the county.  A first-time offender faces 180 days in jail and a one thousand seventy-five dollar fine, loss of their driver's license for up to three years and enhanced penalties upon subsequent convictions.  A DUI (called an OVI in Ohio) is not subject to expungement, meaning it will be on your record forever, and subjects an offender to a six (6) year...

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Does Alcohol Consumption Kill Brain Cells?

It has become a common belief that alcohol consumption kills brain cells, but is that true? Much of the anti-alcohol rhetoric comes from the prohibition era.  The early temperance writers made the assertion that alcohol killed brain cells and also insisted that the alcohol in their blood could cause “drunkards” to catch fire and burn alive. Hanson, David J. Alcohol Education: What we Must Do. Westport, Connecticut: Praeger, 1996, p. 13.  While such over the top arguments have been dropped, they have left the impression that drinking alcohol hurts your brain.  Fortunately, nothing could be further from the truth. Scientific medical research...

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Don’t Drink (Diet Soda) and Drive

A new study released in the journal Alcoholism suggests that cutting alcoholic drinks with diet soda makes them more potent than using their full-calorie counterparts. Specifically, researchers found that mixing alcohol with diet (sugar-free) soft drinks resulted in a higher breath alcohol content than mixing alcohol with a regular (sugar-sweetened) soft drink.  And we are not talking about a small difference.  "Participants who drank diet soda with vodka had blood alcohol contents as high as 18 percent more than when sugar-containing mixers were used."  Why?  Diet beverages, since they contain no sugar, do not trigger the stomach to delay emptying,...

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Will Jell-O Shots Help Ohio’s Economy?

At least one Ohio State Senator believes we can fuel an economic comeback on Jell-O shots. Tucked away in the Ohio budget is a proposal that Ohio allow the sale of food and confections containing alcohol.  Existing Ohio law doesn’t allow the sale of food and confections containing “intoxicating liquor" of more than one-half of 1 percent alcohol by volume.  The proposed law would revise the “ mixed beverages” definition to include solids and confections “obtained by mixing any type of whiskey, neutral spirits, brandy, gin, or other distilled spirits with water, juice, or other flavorings and that contain between one-half percent...

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Ohio’s Open Container Law, O.R.C. 4301.62

It is illegal to possess in public an open container of an alcoholic beverage. Conviction of this offense carries a maximum penalty of a $150 fine. Consumption of alcohol in a motor vehicle is a fourth-degree misdemeanor with maximum penalties of 30 days imprisonment or a $250 fine or both.  If you are facing an OVI (drunk driving) charge, an open container or any other alcohol-related charge, please contact Charles M. Rowland II at (937) 318-1384 or visit www.DaytonDUI.com.  Below is the full text of Ohio's Open Container Law. OPEN CONTAINER LAW 4301.62 Opened container of beer or intoxicating liquor prohibited at...

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Alcohol and Energy Drinks (by DaytonDUI.com)

In 2005, the Drink Four  Brewing Company introduced Four Loko to the American malt beverage market. The name "Four" is derived from the original energy drink's four main ingredients: alcohol, caffeine, taurine, and guarana.  There are three product lines within the Four brand: Four Loko — contains either 6%, 8%, or 12% alcohol by volume (ABV), depending on state regulations, and is packaged in 23.5 oz. cans Poco Loko — contains 8% alcohol by volume (ABV), and is packaged in 16 oz. cans Four Loko in bottles — contains either 6% or 8% alcohol by volume (ABV), and is packaged in 11.2 oz. glass bottles Original formulations of both beverages were a malt liquor-based, caffeinated alcoholic energy...

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Driving Too Slow Not Sufficient for a Stop!

Image via Wikipedia In State v. Bacher, 170 Ohio App.3d 457, 867 N.E.2d 864 (2007), an officer pulled over a suspect because he was driving 23 miles per hour below the posted speed limit of 65 miles per hour.  Upon speaking to the driver, the officer noticed a strong odor of alcoholic beverage, pulled him from the car and subsequently arrested him for OVI.  The trial court reasoned that the stop was an "investigative stop" and overruled the defendant's motion to dismiss. Upon appeal, the appellate court reversed the ruling of the trial court, holding that a stop is...

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Ohio’s Love of Alcohol: Pre-Civil War

Approximately 150,000 years ago Austalopithecus Man discovered that life was just a little bit more livable when he sucked on some of the fruit that lay rotting and fermenting in the hot, pre-history sun.[1]  By 12,000 BC, the Sumerians agree to live in close proximity for the purpose of pooling resources, growing crops and telling the first mother-in-law jokes.[2]  This started what we call civilization. "The search for unpolluted drinking water is as old as civilization itself. As soon as there were mass human settlements, waterborne diseases like dysentery became a crucial population bottleneck. For much of human history, the...

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Alcohol Tests Under Heightened Scrutiny

The following article, by Andy Coghlan appeared today's version of New Scientist. [HERE]  It represents possible scientific defenses to blood and urine alcohol tests.  Dayton DUI attorney Charles M. Rowland II is committed to learning as much as possible about scientific advances in DUI defense.  He is currently the only attorney in the State of Ohio to be certified in Forensic Sobriety Assessment. Fail an alcohol test and you could lose your job. But confidence is draining from the blood and urine tests that are supposed to show conclusively whether someone has been drinking – and the US ...

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