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DUI Process

Dayton DUI Attorney Charles Rowland > DUI Law  > DUI Process (Page 11)

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

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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How To Fight Your Dayton Photo Speed & Red-Light Ticket

We have often been asked about the procedure the City of Dayton employs to enforce its photo-enforcement scheme which encompasses both speed tickets and red-light tickets.  Here, taken from the Dayton Public Safety Photo Enforcement page is the procedure that the city has adopted.  If you need to speak to an attorney, we let you know how to contact us below. View Video of Your Violation and Pay On-Line If you receive a citation in the mail from the “SafeLight” Dayton Public Safety Photo Enforcement Program for running a red light at one of the City's “SafeLight” camera-enforced intersections can view the video...

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Gas Chromatography Mass Spectrometry (An Overview)

To fully comprehend the processes of chemical testing, your DUI attorney should understand gas chromatography - mass spectrometry. Gas chromatography mass spectrometry (hereinafter GCMS)  is a method that combines the features of gas-liquid chromatography and mass spectrometry to identify different substances within a test sample.  GC-MS has been widely heralded as a "gold standard" for forensic substance identification because it is used to perform a specific test.Ohio Administrative Code 3701-53-03(A) sets forth the techniques and methods for determining the concentration of alcohol in blood, urine and other bodily substances.  Pursuant to that rule, Ohio allows for testing including gas chromatography and enzyme assays.  The GCMS instrument is...

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Dayton’s Red Light & Speed Cameras: Where Are They?

In 2003, the City of Dayton installed its first "SafeLight" public safety photo enforcement cameras to help reduce accidents at key intersections in the City by detecting vehicles running red lights.  Today, 20 red light cameras are in use at 10 intersections. Locations with SafeLight (Red Light) Public Safety Cameras:S. Smithville Rd. @ Patterson Rd. W. Third St. @ Edwin C. Moses Blvd. Troy St. @ Stanley Ave. Stanley Ave. @ Valley St. Third St. @ James H. McGee Blvd. Gettysburg Ave. @ Cornell Dr. Main St. @ Hillcrest Ave. US 35 @ Abbey Ave. Salem Ave. @ North Ave. Salem Ave. @ Hillcrest Ave.Locations with Speed Enforcement Public Safety Cameras:S....

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DUI Science and Blood Contamination

The practice of modern DUI law involves understanding the various scientific tests that have become commonplace in forensic collection and storage of specimens for alcohol analysis.  Specifically, DUI attorneys must understand that contamination can increase the concentration of ethanol in a specimen.  Typically, contamination takes one of two forms.  The first is straight-forward physical contamination which may manifest itself before, during or after collection.  The second form of contamination occurs when microorganisms contaminate a sample and produce ethanol in the sample thereby falsely inflating the amount of ethanol therein.  This article will focus on the physical contamination that may cause...

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Dayton OVI: OVI Breath Test Defenses

This article will highlight OVI breath test defenses available to people in Ohio.  As we have extensively written on the topic of OVI breath test defenses, this article will direct you to some of the most popular past articles.  If you have been charged with a violation of Ohio Revised Code 4511.19 (DUI, OVI, Drunk Driving) please contact Charles M. Rowland II immediately at (937) 318-1384 or on our after-hours DUI hotline at (937) 776-2671.OVI Breath Tests & Faulty Assumptions: This article relies on information from the International Association of Forensic Toxicologists.  Specifically the Proceedings of the 27th International Meeting held in Perth, Australia on October 19-23,...

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

[caption id="attachment_37659" align="alignright" width="199"] Open Container[/caption]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.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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DUI Breath Test Defense: Core Body Temperature as a Defense to a Breath Test

Took the Breath Test and wondering if you still have a case?   The cornerstone of evidential breath testing is the scientific principle called Henry's law, named after pioneering chemist William Henry in 1803.  Henry's Law states, At a constant temperature, the amount of a given gas that dissolves in a given type and volume of liquid is directly proportional to the partial pressure of that gas in equilibrium with that liquid. In evidential breath testing, Henry's Law allows the machine to assume it can measure the alcohol (ethanol)  in your breath as a ratio to the ethanol in your blood.  That is why...

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OVI Blood Test Defense: Microbial Contamination

Blood cases present the opportunity for multiple scientific defenses, but only if we recognize them and present them in a coherent manner before our judges.  Many of these scientific defenses can arise from problems in the blood draw.  If the blood draw is flawed microorganisms may contaminate the blood sample.  If this happens sugars (natrually present in the blood) can be converted into ethanol, resulting in a fasley high test.  Candida albicans is a yeast that lives on just about everything and is resistant to most preservatives.  In Lakatuka, D.J., “The Effect of Microbial Contamination of the Blood Sample on the Determination...

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