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DUI Process

Dayton DUI Attorney Charles Rowland > DUI Law  > DUI Process (Page 16)

Click It Or Ticket Set To Begin

Just as the swallows return every year to the Mission San Juan Capistrano, California, so to does the return spring bring us "Click -it or Ticket."  Click It or Ticket is a nationwide seat belt enforcement campaign aimed at reducing the number of highway fatalities and injuries due to non-seat-belt use. The mobilization is conducted annually by the U.S. Department of Transportation’s National Highway Traffic Safety Administration in conjunction with law enforcement agencies, State Highway Safety Offices, and traffic safety advocates.  This year the Click-it-or-Ticket kick-off will be at Dayton's Dragon Stadium at 220 N Patterson Blvd, May 14, 2012.  The Montgomery...

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Ohio’s Adoption of Real ID Highlights Controversy

REAL ID is a federal effort to help prevent terrorism and fraud by improving the integrity and security of driver licenses (DL) and identification (ID) cards. In order for a state to issue REAL ID compliant DL and ID cards, the state must meet a set of requirements put in place by the REAL ID Act of 2005 and must self-certify its compliance to the Department of Homeland Security (DHS).  It was supposed to be implemented by May 11, 2011.  You may remember the crisis of whether or not you would be able to get on an airplane with just your...

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Invalid Consent Leads To Exclusion Of Blood Test

If your DUI case involves an automobile accident, you may be taken to the hospital.  In this setting it is likely that an investigating officer will request a sample of your blood.  Frequently, the issue of consent will be raised.  Your Ohio DUI lawyer can challenge the validity of the consent and whether or not the consent was made knowingly and voluntarily.  These issues were recently addressed in State v. Rawnsley, 2011-Ohio-5696.On April 24, 2010, Defendant Ann Rawnsley was involved in a two-car accident which resulted in sufficient injuries that she was removed to Miami Valley Hospital by ambulance.  Injuries to...

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DaytonDUI, Defending a Breath Test Case

"I'll Huff and I'll Puff and Blow Your House Down" Did you know that your breathing pattern can significantly alter the concentration of alcohol on your evidential breath test?  According to scientific research, "[t]he subject's test manner of breathing just prior to providing breath for analysis can significantly alter the concentration of alcohol in the resulting exhalation." (Jones, 1982, Schoknecht, 1989) as cited in Physiological Aspecs of Breath-Alcohol Measurement, Alcohol Drugs & Driving Vol. 6, No. 2, A.W. Jones.Hyperventilation "...

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Driving Under Suspension in Ohio

Image via WikipediaOhio’s Driving Under Suspension (DUS) law is formidable.  The statutory scheme encompasses over 20 different types of suspensions ranging from Automatic License Suspensions for DUI offenses to suspensions for failing to purchase adequate insurance coverage. Please click on the links below for specific information. If you need additional information on Ohio’s DUS law, or if you find yourself charged with Driving Under Suspension or any of the myriad offense that require contact with the Ohio Bureau of Motor Vehicles, please contact Dayton traffic attorney Charles M. Rowland II at (937)318-1DUI [318-1384] today. Types of Suspensions in Ohio12-Points Administrative License...

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Where Are the Speed Cameras/Red-Light Cameras in Dayton?

This blog has documented the outrage caused by Dayton's adoption of speed and red-light cameras.  Today, in an article by former Montgomery County Common Pleas A.J. Wagner, the Dayton City Paper takes on the red-light and speed cameras.  As we have put forth here, the red-light and speed cameras are an affront to our presumption of innocence and a bald attempt at letting private companies make money by exploiting citizens.  The problems lie in the process.  "Once caught, a letter is mailed to the vehicle owner.  Violators are given 15 days to appeal, but never see a judge or a courtroom. About...

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Ohio OVI Breath Testing – Bigger Is Better?

The Intoxilyzer 8000 breath testing machine adopted by Ohio in all 88 counties differs significantly from the Intoxilyzer 5000 machine that has been used for years.   Both machines operate using INFRARED ABSORPTION to analyze breath samples.  The sample (deep lung aveolar air) is blown into the sample chamber and then excited by an infrared light source.  The decrease in intensity of the IR light due to absorption by alcohol in the breath sample is proportional to the alcohol in the breath. The Intoxilyzer 8000 has a significantly smaller sample chamber (29.4 cc's vs. 84 cc's in the 5000) and...

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The Reality of an Ohio DUI Arrest

You are out to dinner with friends and you decide to have a couple of beers.  On the way home you see police lights in your rearview mirror.  The officer approaches and says, “I noticed that your license plate light was not working.”  You remember that the news announced a major “saturation patrol” was taking place and that officers were pulling people over for any conceivable reason.  You tell the officer that you only had a couple of beers.   “Sir, could you please step out of the car.”  The officer puts you through a series of difficult, confusing and humiliating...

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DUI Blood & Urine Testing: Understanding Gas Chromatography

If you have been arrested for a DUI involving blood testing you may encounter a testing procedure known as Gas Chromatography.  Gas Chromatography is the most reliable method for alcohol testing in blood and urine and has become the accepted gold standard in forensic toxicology.  Gas chromatography specificity for ethanol (drinking alcohol) is very good and this method can also identify and quantify other organic or interfering substances such as methanol and isopropanol. The two commonly used techniques for analyzing the gases are "direct injection" and "headspace analysis."  The devise works by utilizing a flow-through tube known as the column. ...

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