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Drugs & Alcohol

Dayton DUI Attorney Charles Rowland > DUI Law  > Drugs & Alcohol (Page 8)

Ohio OVI Law: Impairment by Drugs of Abuse

Image via WikipediaOhio Revised Code 4511.19(A)(1)(j) prohibits the operation of a vehicle under the influence of any of the following controlled substances: amphetamine, cocaine, cocaine metabolite, heroin, heroin metabolite (6-monoacetyl morphine), L.S.D., marijuana, marijuana metabolite, methamphetamine, phencyclidine, salvia divinorum, or salvinorin A.  The statute sets forth statutorily prohibited concentrations of each of the drugs set forth above.  For impairment purposes, "drugs of abuse" is defined  as set forth in Ohio Revised Code 3719.01 which includes not only illegal drugs and/or controlled substances  but also includes harmful intoxicants under Ohio Revised Code 2925.01(I) and dangerous drugs under Ohio...

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Ohio DUI & FBI Background Checks

The FBI maintains the National Crime Information Center (NCIC) which started in1967 with five files and 356,784 records. By the end of 2009, NCIC contained more than 15 million active records in 19 files. NCIC averages 7.5 million transactions per day. The intent of the NCIC is to be comprehensive in nature, through a cooperative network between local, state and federal law enforcement agencies. The Interstate Identification Index, which contains automated criminal history record information, is accessible through the same network as NCIC. Individual states have internal records that may indeed be forwarded along to the NCIC as...

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Zero Tolerance for Driving Under the Influence of Drugs? (from NORML)

The National Highway Traffic Safety Administration posted a press release entitled “Drug Use Among Fatally Injured Drivers Increased Over the Last Five Years“.  The release summarizes the full report that examines the the drug test results of drivers who had been killed in automobile crashes.  While the report itself is objective and offers many caveats about reading it as an indictment of drug-using drivers as serious safety risk, the mainstream media hasn’t been as “fair and balanced” and the Drug Czar has jumped on the release to forward his agenda.The headline from the Associated Press reads: “Gov’t: Drugs were in...

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DUI Law: Challenging a Forfeiture

Image by lovelypetal via FlickrFORFEITURE, WHAT IS THE LAW? If you are convicted of any of the following the State of Ohio can, pursuant to O.R.C. 4503.234,  order a forfeiture of your vehicle:a third OVI w/in 6 years (O.R.C. 4511.19(G)(1)(c)(v)); any felony OVI (O.R.C. 4511.19(G)(1)(d)(v) and 4522.29(G)(1)(e)(v)); a third offense of driving under suspension (O.R.C. 4510.11(C)(4)); a third offense of driving under an OVI suspension (O.R.C. 4510.14(B)(3)(d)); a third of subsequent offense w/in 5 years of driving under an FRA suspension (O.R.C. 4510.16(B)(2)); a third or subsequent wrongful entrustment (O.R.C. 4511.203(C)(3)); operating or permitting the operation of a vehicle in violation of an immobilization order  (O.R.C....

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Driving Drowsy is Illegal in Ohio

Image via WikipediaOhio Revised Code 4511.79 makes is a minor misdemeanor for a someone to drive "a commercial motor vehicle"  "while the person's ability or alertness is so impaired by fatigue, illness, or other causes that it is unsafe for the person to drive such vehicle."  The law also provides that, "[n]o driver shall use any drug which would adversely affect the driver's ability or alertness."Furthermore, O.R.C. 4511.79(B) prohibits an owner from "knowingly" permitting a driver in any such condition to drive.  Repeated violations result in enhancement of the charge from a minor misdemeanor to a fourth degree misdemeanor.The National...

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Ohio’s Implied Consent Law

When you drive on Ohio's roadways you are assumed to have consented to a search of your blood, breath, plasma or urine if you are arrested pursuant to the Ohio Drunk Driving statute, R.C. 4511.19(A) or R.C. 4511.19(B).  Ohio Revised Code 4511.191(A)(2) is Ohio's Implied Consent Law.  It states, in pertinent part, "Any person who operates a vehicle, streetcar, or trackless trolley upon a highway or any public or private property used by the public for vehicular travel or parking within this state or who is in physical control of a vehicle, streetcar, or trackless trolley shall be deemed to have...

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Marijuana, a primer from NHTSA

Image via Wikipedia Mark Babb provides complete representation to the defendant accused of drug trafficking, drug possession or any drug-related charge. Contact Mark Babb for a free consultation at 937-879-9542. Cannabis / Marijuana ( Δ 9 -Tetrahydrocannabinol, THC)Marijuana is a green or gray mixture of dried shredded flowers and leaves of the hemp plant Cannabis sativa. Hashish consists of resinous secretions of the cannabis plant. Dronabinol (synthetic THC) is a light yellow resinous oil.Learn about Ohio's laws on Marijuana and driving under the influence in our video. Synonyms: Cannabis, marijuana, pot, reefer, buds, grass, weed, dope, ganja, herb, boom, gangster, Mary Jane, sinsemilla, shit,...

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72-Hour Driver Intervention Programs

Where Can I Go For My Driver Intervention Program in the Miami Valley, Dayton, Ohio?[caption id="" align="alignright" width="150" caption="Image via Wikipedia"][/caption]Listed below are some of the regional DRIVER INTERVENTION PROGRAMS that you can choose from, if the program is made a part of your sentence.  Consult with Dayton DUI Attorney Charles M. Rowland to determine which 3-day program is best for you._____________________________________________________Weekend Intervention Program Wright State University Program Length: 72 Hours Director: Harvey Siegal P.O. Box 927 Dayton, OH 45401 Email: harvey.siegal@wright.edu Phone: 937-775-3050 Fax: 937-775-2629This program is held at the Best Western-Wright Patterson, 800 North Broad Street, Fairborn, OH 45324 Get DirectionsRegional DWI Programs Program Length: 48 Hours Director:...

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Ohio’s Habitual Offender Registry

[caption id="" align="alignright" width="210" caption="Image via Wikipedia"][/caption]If you have an OVI conviction after September 30, 2008 and you have four or more prior OVI (or equivalent) convictions in the past 20 years, you will be placed on the Ohio Habitual Offender Registry.  The Registry includes the name, address, and date of birth of offenders as well as their date of convictions.  The Registry is accessible to the public.  Offenders remain on the Registry until they no longer have five or more offenses within the past 20 years.The following offenses constitute "equivalent...

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Dangers of Texting Outweigh Drinking or Smoking Marijuana

Texting while Driving Even More Dangerous than Driving while Drunk or High on Marijuana Research in Great Britain has found that texting behind the wheel is more dangerous than driving while intoxicated or under the influence of marijuana (cannibis).  The study used a driving simulator with young drivers aged 17 to 24. Writing or reading text messages reduced reaction time by 35%. In comparison reaction time dropped 21% for those under the influence of marijuana and 12% for those who were legally intoxicated by alcohol.  The ability of to keep a vehicle in a lane dropped by 91% for those texting,...

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