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DUI Process

Dayton DUI Attorney Charles Rowland > DUI Law  > DUI Process (Page 19)

… and the horse you rode in on!

If you need a ride home from the bar, consider a horse!  Ohio Revised Code 4511.01(A) defines what constitutes a vehicle for purposes of the DUI statute:every device, including a motorized bicycle, in, upon, or by which any person or property may be transported or drawn upon a highway, except that "vehicle" does not include any motorized wheelchair, any electric personal assistive mobility device, any device that is moved by power collected from overhead electric trolley wires, or that is used exclusively upon stationary rails or tracks, or any device, other than a bicycle, that is moved by human power. Applying...

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Driving Under the Influence of Drugs in Ohio

Ohio Revised Code 4511.19(A)(1)(j) prohibits the operation of a motor vehicle under the influence of a controlled substance, specifically if your blood or urine contains a statutorily specified concentration of: amphetamine, cocaine, cocaine metabolite, heroin, heroin metabolite (6-monoacetyl morphine), L.S.D., marijuana, marijuana metabolite, methamphetamine, phencyclidine, salvia divinorum, or salvinorin A. Dayton DUI Attorney Charles M. Rowland II dedicates himself to the defense of the accused drunk driver.  He has attended the latest forensic science seminar of the National College for DUI Defense and is the only Ohio OVI attorney to have earned certification in Forensic Sobriety Assessment.  If you need an...

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Classes of License Suspensions in Ohio

How Long Will My Suspension Last? Ohio has devised a "CLASS" suspension system setting forth the lengths of time a person can be without a license.  The classifications can be found at R.C. 4510.02 (A) (Court Suspensions; denoted by numbers) and R.C. 4510.02(B)(BMV Suspensions; denoted by letters).  It is advisable that you speak with your attorney as many courts offer programs (at little or no cost) that help you get valid.  Below are the lengths of the various suspensions as set forth in the Ohio Revised Code:COURT SUSPENSIONSClass 1: Lifetime Class 2: 3yrs to life Class 3: 2 - 10yrs Class 4: 1 -...

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Juvenile Driving Suspensions

JUVENILE DRIVING SUSPENSIONS ARE HARSH!If you are the parent of a juvenile and he or she admits to a violation of law he or she may face very harsh penalties that affect their ability to drive.  If a child has been adjudicated unruly, delinquent, or a juvenile traffic offender for having committed any act that, if committed by an adult, would be a drug abuse offense, the Ohio Bureau of Motor Vehicles suspends the child's license until they are 18 years old. ORC Sections 2151.354 & 4510.032(C)(1).  The suspension will stay in stay in place until the child turns 18 or...

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Drunk Driving and Deportations

Drinking and driving is never a good idea, but if you happen to be an illegal immigrant a DUI charge can mean more than just fines.According to the Associated Press, drunk driving-related deportations have nearly tripled from 10,851 cases in 2008 to 28,635 in the fiscal year ending September, 2010. Another 13,028 illegal aliens were deported for other serious traffic violations – three times the 4,527 offenders deported in 2008.  If this trend continues, drunk driving may surge ahead of drug crimes to become the number one cause of criminal deportation.  The increase in DUI-related deportations helped the government set...

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Residual Mouth Alcohol, Slope Detectors and the 20 Minute Observation

One of the most prevalent causes of error in breath-alcohol analysis is the presence of alcohol in the mouth.  This residual mouth alcohol (hereinafter R.M.A.) contaminates the expired breath captured by the machine and elevates the test results radically.  The BAC Datamaster’s computer is programmed to assume that a breath test reading is 100% deep-lung (alveolar) air.  This captured “deep-lung” air is then multiplied by 2100 pursuant to the accepted and scientifically defensible partition ratio.[1] Using these built-in assumptions it is evident that a very small amount of undigested (or trapped) alcohol can have a disproportionate impact on the reading.At...

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Rules for Driving in an Ohio Construction Zone

Here is the law regarding increased penalties for committing an offense in a designated construction zone.O.R.C. 5501.27 Increased penalties for traffic violations in construction zone.(A) The director of transportation shall adopt rules that do the following:(1) Rules governing the posting of signs advising motorists that increased penalties apply for certain traffic violations occurring on streets or highways in a construction zone;(2) Rules governing the posting of signs to be used pursuant to section 2903.081 of the Revised Code giving notice to motorists of the prohibitions set forth in sections 2903.06 and 2903.08 of the Revised Code regarding the death of...

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Distracted Driving or Drunk Driving?

Often, an officer's testimony of erratic driving is the most devastating piece of evidence against a person charged with DUI.  Just as often, DUI defense attorneys will overlook this evidence or make the decision not to cross examine on the issue, lest attention of the bad driving be highlighted before the jury.  This article will examine ways to attack "bad driving" and place it in a proper context so that the jury will see the defendant's actions as normal.Distracted driving has become a major issue in America.  Newer cars are loaded with complex audio systems, compact disc changers, navigation systems,...

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Driving Under the Influence of Ecstasy

Driving Under the Influence of Drugs in Ohio"Ecstasy," 3,4-Methylenedioxymethamphetamine (MDMA) is popular among recreational drug users ages 17-25 who take the drug to experience heightened responsiveness to intimate touch, increased sexual stimulation, increased energy, elevated self-esteem and euphoria.  Several recent studies have attempted to define MDMA/ecstasy impairment:Nichols, "Differences Between the Mechanism of Action of MDMA, MBB and the Classic Hallucinogens, Identification of a New Therapeutic Class: Entactogens," 18 J. Psychoactive Drugs 305 (1986); Parrott & Lasky, "Ecstasy (MDMA) Effects Upon Mood and Cognition: Before, During and After a Saturday Night Dance," 139 Psychopharmacology, 261 (1998); McCann et al., "Cognitive Performance in (+3,4-Methylenedioxymethamphetamine...

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Texting While Driving Is Illegal in Ohio

With the passage of H.B. 99, Ohio has joined other states in banning receiving or transmitting text messages while driving. The bill prohibits a person from driving a motor vehicle, trackless trolley, or streetcar on any street, highway, or property open to the public for vehicular traffic while using an electronic wireless communications device to write, send, or read a text-based communication. R.C. 4511.204(A)The bill defines ʺelectronic wireless communications deviceʺ to include a wireless telephone, text‐messaging device, personal digital assistant, computer, or any other substantially similar wireless device that is designed or used to communicate text. R.C. 4511.204(D)(1)  ʺWrite, send,...

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