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DUI Process

Dayton DUI Attorney Charles Rowland > DUI Law  > DUI Process (Page 2)

Marked Lane Violation – What Is The Law?

Marked Lane Violation: The Cases of Muller, Thomas, Parker, and Shaffer Quick Answer: When a vehicle crosses a marked lane for reasons other than safety, you are able to pull someone over for a marked lane violation.Each of these cases deals with a traffic stop under Ohio Revised Code (ORC) 4511.33(A)(1) for a marked lane violation that led to arrest on other criminal violations. In general, the law requires drivers to stay, as much as possible, within a single lane and to not move from their lane without first making sure it’s safe to do so. Marked Lane Violation Case Law State of Ohio...

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Admitting OVI Blood Tests Made Easier By Ohio Supreme Court

A REVIEW OF BLOOD TEST REGULATION IN OHIO In Ohio, a blood test is administered by a crime lab or the collecting health care agency. The blood must be drawn by a licensed medical professional.  In cases where blood tests are administered by a crime lab, the Ohio DUI driver’s blood sample must be drawn within three hours of the perceived infraction.  In addition, it must be tested in compliance with regulations drafted by the Ohio Department of Health. Because of their complexity, an attorney focusing on DUI defense exclusively should be considered.Please consult the articles on the ODH rules on this...

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Springfield Red Light Camera Program Restrictions Upheld

Springfield was trying to defy the (relatively) minor rules placed on their use of automated ticketing machines. On Friday, the Second District Court of Appeals ruled that it was entirely constitutional for the legislature require police presence where photo ticketing devices are in use (view ruling). Springfield refused to make any changes at all in the way their private vendors operated. They filed suit to block enforcement, objecting to the new law's requirement that a safety study justify the use of a camera and the prohibition on ticketing vehicles allegedly traveling 5 MPH or less over the speed limit."Upon review, we conclude...

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Speed Camera Scams Still A Thing In Ohio

If you think that Senate Bill 342 banned all speed cameras, you must not have driven through Newburgh Heights. Tucked over off I-77, Newburgh Heights has continued issuing tickets with hand-held devices that don't require officers to pull anyone over to issue a citation. To supplement their budget, they are churning out tickets at the tune of 300 per week. Plenty of folks aren't happy about it but Newburgh Heights doesn't care.  Another Ohio city, Linndale, has built essentially a house with all the comforts of home — so that it can reap the benefits of traffic cameras while some Linndale...

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Ohio OVI: What Are The Legal Limits?

In Ohio, an OVI refers to the charge of operating a vehicle while impaired by drugs or alcohol.  If your Blood Alcohol Content (BAC) and breath alcohol content (BrAC) is .08 or greater, you are considered to be “operating a vehicle impaired.” The .08 figure refers to the concentration of alcohol in your breath or in your blood.  There are also “legal limits” for the concentration of alcohol in a person’s blood serum or plasma and urine. For a urine sample, you will be over the “legal limit” if the alcohol concentration in your urine sample is .11 or greater.While...

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Ohio Traffic Law Update: New Stop Signs At RR Crossings

Ohio Traffic Law Update! Drivers in Ohio will notice that stop signs 6are replacing yield signs at certain railroad crossings.  Nearly two thousand new stop signs are being installed and officers are standing by to issue tickets. In 2013, the Ohio legislature adopted this new provision in an effort to increase safety around railroad crossings.If you find yourself in need of an Ohio traffic law attorney, please give Babb & Rowland a call....

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An Out-of-State OVI Offense Enhances A Wright-Patterson OVI

An Out-of-State OVI Offense Enhances A Wright-Patterson OVI Babb & Rowland and DaytonDUI proudly serve the military community in and around Wright-Patterson A.F.B..  One of the recurring questions we get from military personnel is whether or not a federal or out-of-state DUI can be used to enhance a Wright-Patterson OVI.  At one time they did not.  Now, however, the offenses received in another state or on federal property do count. See Ohio Revised Code 4511.181(A).  DUI defense attorneys challenged the ex post facto application of R.C. 4511.181(A) but the courts have held that since it serves only as an enhancement it meets...

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Traffic Fatalities In Ohio On The Rise

As of Sunday, there were 665 traffic fatalities in Ohio. By mid-August 2014, there were 571 confirmed fatalities due to traffic crashes, according to the Ohio State Highway Patrol. This trend is happening all over the country. According to the National Safety Council, the United States had a 14 percent spike in traffic fatalities during the first half of the year. The Illinois-based organization said that about 19,000 people died in traffic crashes through June, up from 16,180 for the same period in 2014. It should also be noted that these statistics do not take into account two of the years more...

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Intoxilyzer 8000 Biased Against Americans

The Intoxilyzer 8000 is used in Europe under the brand name Lion.  On their website [HERE] they describe the process of breath alcohol physiology.  There is one glaring difference however. They use a 2300:1 ratio instead of a 2100:1 ratio.  So? Example: If you blew a into the Lion (Intoxilyzer) 8000 with of 2300: 1 partition ratio, and the machine reported BrAC results of .070 then you blew into the machine with a 2100: 1 partition ratio you would be .080 or higher. (thanks to DUIstopped.us for this example). If this is true, it means that machines in the US are more biased...

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