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DUI Process

Dayton DUI Attorney Charles Rowland > DUI Law  > DUI Process (Page 18)

Intoxilyzer 8000 Under Fire, Shady Business Alleged

Here is a great video from NBC 4 in Columbus.  It talks about how the Intoxilyzer 8000 is a monumental failure.  What's more, the person who forced Ohio to purchase these machines is now working for CMI, the company that manufactures them.  "It is very shady that the individual that masterminded the contract with CMI would be permitted to go work for that company approximately 13 months after he left his employment with Ohio," said Columbs DUI defense attorney Jon Saia. DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia,...

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Automatic License Suspension – Testing Over the Limit

According to Ohio Revised Code 4511.191, if you are arrested on suspicion that you are operating a vehicle while impaired (commonly called a DUI) and you take a chemical test which produces a result which is over the per se limit as set by the Ohio Department of Health, your license will be suspended immediately. Depending on previous offenses or refusals, you can have your license suspended for a period of 1 year to 5 years.  After a second offense your vehicle may also be immobilized.You, or your attorney,  can appeal the automatic license suspension (O.R.C. 4511.197)  at the initial...

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DUI Checkpoints: Are They Justified (Still)?

U.S. Supreme Court Upholds Sobriety Checkpoints, Michigan v. Sitz, 496 U.S. 444 (1990) In 1986, the Michigan State Police Department created a sobriety checkpoint program aimed at reducing drunk driving within the state. The program included guidelines governing the location of roadblocks and the amount of publicity to be given to the operation. Before the first roadblock went into effect, Rick Sitz, a licensed Michigan driver, challenged the checkpoints and sought declaratory and injunctive relief. Sitz was victorious in the Michigan lower courts.  In a 6-to-3 decision, the Court held that the roadblocks did not violate the Fourth Amendment.  Chief Justice William...

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What Happens If I Can’t Show Proof of Insurance?

Proof of Insurance If you appear in court as a result of DUI or any other traffic offense, the Court is required to determine whether or not you had insurance at the time of the offense.  Failing to provide this proof of insurance coverage will result in a suspension from the Ohio Bureau of Motor Vehicles.  The suspension will be called and F.R.A. non-compliance suspension and is in addition to any other suspensions that the court may impose. We Will Help You Show Proof Of Insurance If you hire the DUI law firm of Charles M. Rowland II, we will help you file...

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DADSS Will Search You Every Time You Get In Your Car

Within the next few years you may be required to give a breath sample or have your skin scanned in order to operate your car.  The U.S. Department of Transportation (DOT) is developing a technology called Driver Alcohol Detection System for Safety (DADSS).  The $10 million research program is being funded by the National Highway Traffic Safety Administration (NHTSA) and the Automotive Coalition for Traffic Safety.  The development of DADSS has been the main legislative and lobbying effort of Mothers Against Drunk Driving for the past few years.  Due to their efforts they have garnered the buy-in of car manufacturers...

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Case Law Update: State v. Kitzler

State v. Kitzler, 2011-Ohio-5444 (3rd District Court of Appeals, Wyandot County). This odd decision involves the Intoxilyzer 8000 breath test machine and a test result which did not satisfy the .020 agreement.FACTS: Defendant was stopped for not dimming his headlights and for marked lane violations.  He was asked to perform the standardized field sobriety tests and subsequently arrested for OVI.  At the police station he provided two breath samples (as is required on the Intoxilyzer 8000) and the machine reported the result as "Invalid."  The tests did not meet the .020 agreement.  Defendant was allowed to use the restroom and...

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DUI Science: Fat vs. Thin/Man vs. Woman/Young vs. Old

After consuming alcohol, will a fat person or a thin person have a lower BAC? Alcohol loves water and will move into spaces where water is the most prevalent.  Fatty portions of the body have a low water content and absorb little of the alcohol, while muscular portions of the body have a high water content and absorb much alcohol.  As it is carried to all parts of the body by the blood, the alcohol distributes itself in proportion to the water content of the various parts of the body.  It is the presumed relationship between the amount of alcohol in...

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Evidential Breath Testing: Ohio Administrative Code 3701-53-01

Image via WikipediaIn Ohio, the Director of Health adopts Administrative rules which govern analytical testing for evidential use.  It is important that your Ohio DUI attorney understand these codes and how they affect your breath test results.  O.A.C. 3701-53-01 sets forth the methods or techniques which are approved to test blood, breath, urine or other bodily substances.  One of the things your OVI attorney should not overlook is the requirement in section (B) which requires the testing facility to have a copy of the written procedure manual on file in the area where the analytical tests are performed. 3701-53-01 Techniques or methods.(A)...

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Blood, Breath & Urine Testing In Ohio: The Three Hour Rule

Help your attorney defend your case by creating a credible time-line of events. R.C. 4511.19(D) sets forth a three-hour time limitation for the collection of bodily substances for alcohol and/or drug testing.  This rule is a change from Ohio's previous law which gave the State only two hours in which to obtain a sample.  The time requirement has been adopted by the Ohio Supreme Court in Cincinnati v. Sand, 43 Ohio St.2d 79, 330 N.E.2d 908 (1975) and more definitively at Newark v. Lucas, 40 Ohio St.3d 100, 532 N.E.2d 130 (1988),  where the court held that tests in test cases (cases involving a violation of...

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“Pull Over for Cops” Law Challenged

In Ohio you are required, upon approaching a law enforcement vehicle with its lights displayed, to proceed with caution and with due regard to weather and traffic conditions, change lanes if possible.  If you cannot merge then you are required to proceed with caution.  Anyone who has seen those horrific videos of officers being hit by oncoming cars understands the necessity and sanity of this law.Not pulling over can also serve as probable cause to stop a vehicle. State v. Korman, 11th Dist., 2006-Ohio-1795.  Further, even if an officer is not able to observe a traffic infraction, he or she...

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