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DUI Process

Dayton DUI Attorney Charles Rowland > DUI Law  > DUI Process (Page 10)
17 May
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Red Light Cameras – Let Your Voice Be Heard To Ban Them Forever

Posted by Dayton DUI
in DUI Law, DUI Process

The followers of Dayton DUI on Facebook, Twitter and Google+ and loyal followers of this blog have listened to me complain about red-light cameras and speed cameras in Ohio for over three years.  I have urged you to contact your local representatives and to let your opposition be known.  We are now in the final push and our concerns are being heard!Ohio's 130th General Assembly has introduced House Bill 69, which would eliminate red light cameras and speed cameras throughout Ohio.  The proposal reads, in pertinent part, “No local authority or the state highway patrol, utilizing either its own employees, those...

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16 May
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Ohio DUI Law: How To Fight A Urine Test

Posted by Dayton DUI
in Drugs & Alcohol, DUI Process

In order to successfully defend a urinalysis case, a DUI defense lawyer must be familiar with Ohio's DUI law (O.R.C. 4511.19) and the Ohio Administrative Code sections which apply to the collection, storing, transporting and testing of the urine specimen.  Amphetamine, cocaine, heroine, Marijuana, Methamphetamine, Phencyclidine and L.S.D. are specifically mentioned in Ohio's DUI/OVI statute as illegal controlled substances. The law states how much of each substance must be detected in a chemical test of urine, whole blood, blood plasma, and/or blood serum in order to sustain a charge.  While less reliable than a blood or breath test, the urine...

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15 May
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Will Ohio Lower The Legal Limit for OVI?

Posted by Dayton DUI
in DUI Law, DUI Process

Visit NBCNews.com for breaking news, world news, and news about the economy As this site has been warning, MADD and friends at the NTSB have been pushing to lower the legal blood alcohol concentration from .08% to .05%.  Today, the National Transportation Safety Board voted to recommend to states that they lower the blood-alcohol content that constitutes drunken driving.  Currently, all 50 states have set a BAC level of .08, reflecting the percentage of alcohol, by volume, in the blood. If a driver is found to have a BAC level of .08 or above, he or she is subject to arrest...

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10 May
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Blood Contamination & Candida Albicans (by DaytonDUI)

Posted by Dayton DUI
in DUI Process

If a blood sample is not properly preserved it can decompose.  One of the results of decomposition is the creation of alcohol.  According to Lawrence Taylor in his seminal Drunk Driving Defense, 6th Ed., pp. 561, "Ethyl alcohol is generated by fermentation of carbohydrates and proteins in the blood sample.  This occurs through the actions of various microorganisms.  The simplest and one of the most common processes is the breakdown of enzymes by one of various species of the yeast Candida, such as Candida albicans."  The results of the fermentation in the blood vial is dramatic.  For example, a blood...

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08 May
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Driving Privileges: Hard Time

Posted by Dayton DUI
in DUI Process

15 days if you took the test, 30 days if you did not (First Offense)If you are stopped for an OVI, DUI or drunk driving and you refuse to take a chemical test (breath, blood or urine), or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC), the police officer can and will take your driver’s license on the spot causing your drivers license to be suspended immediately.  This pre-conviction suspension is called the ADMINISTRATIVE LICENSE SUSPENSION. The ALS is a suspension imposed by the Ohio Bureau of Motor Vehicles and not a suspension imposed by the court.  A court may not grant...

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24 April
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License Plate Light Not Illuminated (O.R.C. 4513.05)

Posted by Dayton DUI
in DUI Process, Ohio Criminal Law

In Ohio, it is illegal to operate a motor vehicle without a white light illuminating the rear registration plate. See O.R.C. 4513.05.  This law is often used as a pretext for a traffic stop which allows the officer to come into contact with the motorist.  Here is a full text of the law. 4513.05 Tail lights and illumination of rear license plate. (A) Every motor vehicle, trackless trolley, trailer, semitrailer, pole trailer, or vehicle which is being drawn at the end of a train of vehicles shall be equipped with at least one tail light mounted on the rear which, when lighted,...

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22 April
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Ohio DUI Blood Test: How to Win A Blood Test Case

Posted by Dayton DUI
in DUI Process

In order to successfully defend a blood test case, a DUI defense lawyer must be familiar with Ohio’s DUI law (O.R.C. 4511.19) and the Ohio Administrative Code sections which apply to the collection, storing, transporting and testing of the whole blood, blood plasma and/or blood serum specimen.  Amphetamine, cocaine, heroine, Marijuana, Methamphetamine, Phencyclidine and L.S.D. are specifically mentioned in Ohio’s DUI/OVI statute as illegal controlled substances. The law states how much of each substance must be detected in a chemical test of urine, whole blood, blood plasma, and/or blood serum in order to sustain a charge.  A blood test is seen as...

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19 April
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The Future of Forced Blood Draws (Missouri v. McNeely)

Posted by Dayton DUI
in DUI Law, DUI Process

In what can only be seen as an overwhelming victory for the 4th Amendment, this week the United States Supreme Court decided Missouri v. McNeely which involved the issue of whether or not law enforcement can force a blood draw following a drunk driving arrest without following the warrant requirements of the 4th amendment.  In the ruling the Court sided with the defendant who had been subjected to a blood test without a warrant.  The warrantless blood draw revealed him to be nearly twice the legal limit.  Justice Sotomayor, writing for the majority held that forced extraction of a person’s blood...

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10 April
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Approved Breath Testing Instruments: O.A.C. 3701-53-02

Posted by Dayton DUI
in DUI Process

Ohio Administrative Code 3701-53-02(A) sets forth the approved instruments for evidential breath testing in Ohio.   It states, (A) The instruments listed in this paragraph are approved as evidential breath testing instruments for use in determining whether a person's breath contains a concentration of alcohol prohibited or defined by sections 4511.19 and/or 1547.11 of the Revised Code, or any other equivalent statute or local ordinance prescribing a defined or prohibited breath-alcohol concentration. The approved evidential breath testing instruments are:BAC DataMaster, BAC DataMaster K, BAC DataMaster cdm; Intoxilyzer model 5000 series 66, 68 and 68 EN; and Intoxilyzer model 8000 (OH-5).O.A.C. 3701-53-02(B) lists the approved...

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