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Dayton DUI Attorney Charles Rowland > DUI Law  > Drugs & Alcohol (Page 3)

Ohio DUI Law: Is Smell of Marijuana Sufficient?

Marijuana Is the odor of enough to justify a police search or arrest and can an officer make a valid determination based on just a smell?Attorney Charles Rowland answers common marijuana and OVI charge questions in this video. A peer-reviewed journal article, entitled “Marijuana Odor Perception: Studies Modeled From Probable Cause Cases”, published in Law and Human Behavior, (Vol. 28, No. 2, April 2004) explains that “The present findings throw into question, in two specific instances, the validity of observations made by law enforcement officers using the sense of smell to discern the presence of the drug. Although these instances reflect a...

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Affirmative Defenses for Prescription Drug OVI Charges in Ohio

Did you get a prescription drug OVI?  Do you have a valid prescription?Ohio and the Ohio State Highway Patrol have made enforcement of DUI laws against illegal and prescription drugs a priority.  Throughout the state, this means that you now face arrest if you are taking many common prescription medications.  Given that upwards of 70% of Americans are taking a prescription medication, you need to know your rights.Ohio provides an affirmative defense to an impaired driving charge if you have both a valid prescription from an authorized professional and you were taking your medication according to the directions provided. R.C....

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How To Cheat On The Finger To Nose Test

The finger to nose test is making a comeback.  In 1977, a study was conducted by the National Highway Traffic Safety Administration wanted to see if the tests being conducted by police officers were actually indicative of impairment.Marcelline Burns and Herbert Moskowitz conducted laboratory evaluations of several of the tests that were most frequently-used by law enforcement officers at the time (Burns and Moskowitz, 1977). In addition to a variety of customary roadside tests (e.g., finger-to-nose, maze tracing, backward counting), the researchers evaluated measures of an autonomic reaction to central nervous system depressants, known as Horizontal Gaze Nystagmus.Out of the...

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Rowland To Train As Drug Recognition Expert

Later this month, Charles M. Rowland II will receive certification in the latest techniques of the Drug Recognition Expert protocol now being used across the nation.  Rowland will be among the first attorneys in Ohio to receive this certification which will make him uniquely suited to defend drives accused of driving while impaired by illegal or prescription drugs."More and more, we are seeing an increase in drug trafficking cases. The Ohio State Highway Patrol has become much more aggressive in using a traffic stop as a pretense to do an extensive search for illegal drugs," Rowland said.  These stops frequently...

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Changes To Drug Schedule Affect Hydrocodone

Drug Schedules Changing For Some Hydrocodone CombosOn October 6th the DEA rule switching"hydrocodone combination products" like Lortab and Vicodin from schedule III to schedule II came into effect.  The rule was passed to curb abuse and encourage patients and prescribers to consider alternative ways to deal with pain.  Previously, these drugs were regulated as Schedule III drugs. Common hydrocodone combinations are used as pain relievers, cough suppressants and enhance the benefits of other drugs like acetaminophen or cough/cold medicines.  We are familiar with the brand names like Vicodin, Lortab or Tussionex.  As schedule III drugs, a prescriber could write up to 5 refills...

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Tell Your Ohio OVI Attorney That You Are ADD/ADHD

If you are afflicted with adult ADD/ADHD make sure to raise the issue with your OVI Attorney. To be diagnosed with ADD/ADHD, a person has to demonstrate an inability to complete divided-attention testing.  In 2009, the Centers for Disease Control reported that 9.5 percent of children in the United States had ADHD, up from the previous survey.  The trend has not gone unnoticed amongst the insurance industry who reported at the 162 annual meeting of theAmerican Psychiatric Association in May 2009 that:28 percent of adult drivers with ADHD reported receiving a citation withing the prior twelve months. 34 percent reported being in an auto collision. 44...

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Driving Under The Influence of Drugs In Ohio

Driving under the influence of drugs is the next generation of OVI (operating a vehicle impaired) enforcement in Ohio. It has become a priority of the Ohio State Highway Patrol.  Here are some studies suggesting why they are focusing on this issue. According to the 2012 National Survey on Drug Use and Health (NSDUH), an estimated 10.3 million people aged 12 or older (or 3.9 percent of adolescents and adults) reported driving under the influence of drugs during the year prior to being surveyed. This was higher than the rate in 2011 (3.7percent) and lower than the rate in 2002 (4.7...

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Alcoholics Anonymous for Atheists?

Alcoholics Anonymous for Atheists and Agnostics? Yes, that is a thing.AA is open to people of all beliefs, but it is undoubtedly a spiritual program that asks people to have faith in certain principles. One of the most basic requirements of the program is that people believe in a higher power. The second step talks about how members came to believe that a Power greater than ourselves could restore us to sanity. While the third step describes how they made a decision to turn our will and our lives over to the care of God as we understood Him. There...

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Ruling Could Doom Ohio Stoned Driving Rules

 Stoned driving laws took a hit this week when Arizona ruled that per se limits on marijuana could not be applied.Ohio has adopted a draconian impairment law that punishes drivers for having a metabolite of marijuana in their system.  In effect that means that you are stoned driving if you smoke or ingest marijuana the metabolite "hydroxy-THC" that will remain in your body long after the "high" has dissipated.  This means that you may be "impaired" for purposes of the law, but not in any way be impaired by the drug.  If you visit Colorado to legally use recreational marijuana...

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Springfield DUI Attorney Defends Addiction Issues in Clark County

  As a Springfield DUI Attorney, I get to help people who are dealing with addiction issues.  To that end, we offer you this list of Clark County service providers who can help. Please follow the links to learn about services and costs.  If you need help, we can help! Clark County  Mental Health Services for Clark and Madison Counties, Inc. (Main) 1345 North Fountain Boulevard  Springfield, OH 45504 Mental Health Services for Clark and Madison Counties, Inc. (Satellite) 104 East Ward Street  Springfield, OH 45504 Mental Health Services for Clark and Madison Counties, Inc. (Satellite) 1086 Mound Street  Springfield, OH 45505 Mental Health Services for Clark...

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