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DUI Process

Dayton DUI Attorney Charles Rowland > DUI Law  > DUI Process (Page 17)

Dayton Adopts Mobile (Hidden?) Speed Cameras

The Dayton Police Department has taken what some argued was an inevitable step to increase revenue.  They have deployed a mobile speed camera inside a Ford Escape which they will move around the city to catch speeders unawares.  The camera technology is the same used by stationary units.  According to WDTN, "[w]hen a driver exceeds the set speed, the cameras snap three photos of the vehicle. The pictures and a citation will then be sent to the vehicle owner about a week after the offense."  Dayton Police Detective Carol Johnson said she is hopeful the mobile unit will slow drivers...

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Ohio DUI Law: The Hematocrit Defense

How bloody is your blood?  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 much alcohol may be contained in the blood and,...

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What Am I Required To Do Following An Accident?

The crime is referred to as Hit and Run, Leaving the Scene of and Accident, Hit/Skip or Failure to Notify.  Here is an overview of what proscriptions Ohio has adopted to punish persons involved in an accident who leave the scene.  Because of the serious nature of the offense you should seek a qualified and experienced criminal/traffic  attorney to help you combat this charge and give you advice.Ohio law, O.R.C. 4549.02, requires any person who is involved in an accident on public roads or highways to stop and exchange information with the other party.What information must I provide?  The statute...

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Ohio BMV Reinstatement Offices Expand Payment Sites

The Good News?  The Ohio Bureau of Motor Vehicles is expanding the locations where you can pay your reinstatement fee.  The Bad News?  It is going to cost you.  Starting today, 179 Ohio BMV deputy registrar sites will accept payments on reinstatement fees.  The deputy registrar sites will also accept the documentation required for reinstatement.  According to the story in the Springfield News Sun, "[t]he bureau says that doesn't mean reinstatement would happen immediately. It might require more time to be processed. Customers also still would need to meet other reinstatement requirements, such as appearing in court or having proof of insurance,...

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Intoxilyzer 8000 Is Unreliable!

Today, in State v. Heather Reid, Case No. TRC 1100716 in the Circleville Municipal Court, Judge Gary Dumm has ruled that "The State of Ohio cannot expect this Court to find the Intoxilyzer 8000 reliable when the State refuses to address known problems and explain why those problems can be ignored."The Court calls for independent laboratory testing to address the issues raised by the adoption of the Intoxilyzer 8000: RFI, sample size of the chamber, volume of the sample tested, possible operator manipulation of the results, possible CMI modifications of the software without the knowledge of ODH and slope detector...

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MADD’s “In-Car Searches Will Be Ready in 8 to 10 Years”

In 2006, MADD, the government, Mothers Against Drunk Driving and members of the automotive industry created a panel to encourage and support the development of new technology that would stop drivers from operating a vehicle if drunk.  The result was DADSS or Driver Alcohol Detection System for Safety.  DADSS uses tissue spectrometry, a technology that employs an estimation of alcohol in tissue through detection of light absorption and distant spectrometry which uses part of the infrared light spectrum to detect alcohol concentration in the drivers's breath.  In 2008, at MADD’s urging, the Automotive Coalition for Traffic Safety entered into a...

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Scientific Defenses to an OVI: The GERD Defense

The National Center for Health Statistics estimates that acid reflux (called gastroesophageal reflux) and the more serious Gastroesophageal Reflux Disease (hereinafter GERD) affect more than 90 million people at least one time per month and about 25 million people experience serious GERD problems daily. "  GERD is usually caused by changes in the barrier between the stomach and the esophagus, including abnormal relaxation of the lower esophageal sphincter, which normally holds the top of the stomach closed; impaired expulsion of gastric reflux from the esophagus, or a hiatal hernia. These changes may be permanent or temporary ("transient"). [cite]Although about 10...

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Consequences of a Fake ID

Fake IDs Have Real ConsequencesIf you are under the age of 21 years of age and you either (a) use someone else's identification to buy alcohol, or (b) alter your identification to purchase alcohol, you will find yourself facing a multiplicity of consequences.  O.R.C. 4510.33 carries a one year license suspension.  You will be required to retake the driver's license examination if the license is altered.  You will also be required to pay a reinstatement fee to the Ohio Bureau of Motor Vehicles.  You can file an appeal within 20 days of the mailing of the notice in the municipal or...

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DUI Science and More Faulty Breath Machine Assumptions

Evidential Breath Testing Measures The Amount of Alcohol In Your Breath Not in Your Brain!One of the faulty assumptions underlying evidential breath testing is the assumption that the tests are measuring the ability of alcohol to impair your brain.  They do not.  The breath test does not care how, or even if, the alcohol is impairing your brain only that it is in your breath via your lungs via your blood.  The machines do not test venous blood but arterial blood utilizing the scientific principle of Henry's Law.  As alcohol can be at different rates throughout your body, the machine...

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Driving Under Suspension: What is a 12-Point Suspension?

12 Point Suspensions Driving under suspension is a serious offense in Ohio. A violation is a first degree misdemeanor and some provisions of the law provide for mandatory jail time.  A twelve point suspension is caused by the accumulation of not less than 12 points on your driving record within a two-year period.  The suspension begins twenty days after Ohio's BMV sends you a letter putting you on notice of the suspension.  It is not usually a valid defense that the Ohio BMV sent the suspension notice to a prior address.  It is your responsibility under Ohio law to maintain a...

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