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DUI Process

Dayton DUI Attorney Charles Rowland > DUI Law  > DUI Process (Page 15)

Federal Court Overturns Bogus DUI

Sober woman sues after being jailed on a false drunk driving charge. When courts acquiesce to lowering the standards for arrests and heighten the importance of placing people under arrest for the political crime of OVI, injustices are sure to follow.  Just such an injustice was done to Catrena Green and she’s fighting back!Green was stopped in August 2008 by an Ohio State Trooper for failure to dim her high beams.  When the Trooper stopped Green, she explained that due to the wet conditions she was trying to be careful.  She then asked if she had done anything else.  "No, not...

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Defending An OVI: The Hematocrit Defense

How bloody is your blood?  To answer this question we look at your hematocrit.  The hematocrit is the number expressing the cell volume of blood (the size and number of red blood cells in proportion to the rest of the blood).  As humans, we all have a natural variation in our hematocrit.  Healthy men have a natural variance from 40.7% to 50% and healthy women have a natural variance from 36.1% to 44.3%.  The hematocrit level is a moving target.  Illness, hydration and stress can cause variations in the hematocrit level. The hematocrit level affects all breath tests by governing how...

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Ohio State Highway Patrol Announces Summer Enforcement Effort

In response to a 12 percent increase in traffic fatalities this year, the Ohio State Highway Patrol has begun a new summer-long high visibility enforcement initiative.  The OSP will employ three regional traveling tactical squads to target crash causing violations in an effort to reduce fatal and injury crashes.  The effort will use mapped crash data that identifies the days and times when crashes are occurring.  “We hope to combat the rising fatalities by patrolling areas during the days and times when they are most dangerous,” said Colonel John Born, Patrol superintendent. “However, we need the help of the motoring public...

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DUI Case Law Update: State v. Castle (Franklin County)

State v. Castle, 168 Ohio Misc.2d 6, 2012-Ohio-1937 On July 3, 2011, Floyd Castle was arrested and charged with OVI (drunk driving) and other offenses.  When the Trooper administered a chemical test he chose to conduct that test on a BAC DataMaster breath test devise instead of Ohio's newest machine the Intoxilyzer 8000.  The Trooper was qualified as a senior operator on the BAC DataMaster.  The Trooper also held an operator-access card to administer tests on the Intoxilyzer 8000.  The issue before the court is whether or not the Ohio Administrative Code, specifically O.A.C. 3701-53-09(D), allows the Trooper to conduct a...

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Calibration of the Intoxilyzer 8000, O.A.C. 3701-53-04

The revised Ohio Administrative Code section 3701-53-04 incorporates the new rules for calibrations of the Intoxilyzer 8000. See O.A.C. 3701-53-04(B) as set forth below.  The "new" standards "automatically perform a dry gas control test before and after every subject test and instrument certification using a dry gas standard traceable to the national institute of standards and technology (NIST).  The dry gas results "are valid when the results are at or within five one-thousandths (0.005) grams per two hundred ten liters of the alcohol concentration on the manufacturer's certificate of analysis for that dry gas standard. A dry gas control result which...

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The Partition Ratio Defense; Do We Share a Lung?

Is your lung the same as mine?  The breath test machine assumes that it is.  While scientific studies suggest that lung physiology can have a significant impact on breath alcohol testing, Hlastala, "The Impact of Lung Physiology on Breath Alcohol Testing," 1 DWI Journal: Law and Sciences 5, 31-48 (November/December 1986), the breath testing machines assume that all lungs are the same.  It is assumed for purposes of breath alcohol analysis that a person will exhale air at an average temperature of 34 degrees C.  At that assumed temperature, 2100 milliliters of alveolar air (deep lung air) is assumed to...

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Ohio Troopers Provide 24/7 Patrols of Major Urban Areas

Beginning June 3, the Ohio State Highway Patrol will staff 24/7 operations in Hamilton, Cuyahoga and Franklin counties.  See full story. The State Highway Patrol is expanding its presence in Ohio's three largest metropolitan areas to crack down on dangerous driving with around-the-clock operations at posts near Cincinnati, Cleveland and Columbus for the first time in its nearly 80-year history.  The patrol already has posts providing full-time coverage for other urban areas like Akron, Dayton, Toledo and Youngstown.  Agency officials expect the changes to reduce crash fatalities and increase the results from what's known as criminal patrol, which includes drug...

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Warren County Partnership Targets Drug Traffickers

The Warren County Drug Task Force announced a new partnership with the Ohio Highway Patrol Thursday to help combat the flow of drugs running through Warren County on Interstates 75 and 71.  According to the joint agreement, a sergeant and two troopers with narcotic canines from the highway patrol will work with Warren County Deputy Brian Lewis and his two canines. The agencies will also share information and other resources.  If you are a constant reader of this blog you have followed the proliferation of stories wherein the Ohio State Highway Patrol has shifted focus to drug interdiction.  What impact...

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Infrared Spectroscopy and the Falsely High Breath Test (by DaytonDUI)

The Intoxilyzer 8000 operates using the scientific principle of infrared (IR) spectroscopy, which identifies molecules based on the way they absorb infrared (IR) light.  More specifically, when molecules in a breath sample are exposed to IR light the way they vibrate changes due to the bending of the (C-O, O-H, C-H, C-C) bonds.  Each type of bond absorbs light at a known wavelength, thus the amount of IR absorption identifies a substance as ethanol and how much ethanol is in the sample.But here’s the rub…  The machine can identify any compound containing a methyl group molecular structure as ethanol thereby...

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Ohio State Highway Patrol Announces “All Out” Initiative

May 18th is "All Out" Day for the Ohio State Highway Patrol The Ohio State Highway Patrol will be conducting an “All Out Day” on May 18, in which all sworn officers from all ranks will be patrolling Ohio roads in an effort to reduce fatal and injury crashes. The initiative, which serves as a high visibility enforcement effort, is not only a deterrent for crash causing violations, but also calls attention to dangerous driving behaviors.  Troopers warn Ohio motorists that, "with the onset of warm weather and an increase in fatalities, it is more important than ever to make sure motorists are...

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