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DUI Process

Dayton DUI Attorney Charles Rowland > DUI Law  > DUI Process (Page 21)

Why MADD Should Oppose Red-Light and Speed Cameras

Why do we enforce laws?  Is it to deter crime and make our communities safer, or do we enforce laws to increase our city coffers?  This question is playing itself out throughout the United States as many cities are installing speed and red-light cameras.  Locally, the city of Springfield, Ohio has a long-standing photo enforcement program and Dayton is planning to install cameras in the downtown area.  Studies suggest that the cameras may actually increase collisions, but the revenue is hard to turn down.I recently came across an article from NOLA.com warning motorists of increased traffic stops in and around...

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I Did Not Refuse!

If you were tested on an Intoxilyzer 5000 breath test machine, the source-code (software inside the machine) may have been rigged against you.  One of the most dramatic happenings in the science of a DUI has been the developments of the source-code battle taking place in Minnesota.  Ohio has recently rejected the Ohio-made BAC DataMaster in favor of the Intoxilyzer breath test machine (often referred to as the Intoxi-LIAR) so we can soon expect similar science-based battles in the Buckey State.Chuck Ramsay, a DWI attorney in Minnesota has been litigating the reliability of the Intoxilyzer 5000 for several years.  Recently...

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Ohio OVI Law: State v. Kendall (cracked windshield)

Image via WikipediaState v. Kendall, 2010-Ohio-227, 2009-CA-0010 (OHCA5) In this case, the State of Ohio appeals the August 12, 2009 Judgment Entry of the Morrow County Municipal Court granting defendant-appellee Lawrence G. 's motion to suppress evidence.  The trial court granted the motion, ruling that a mere crack in the windshield did not justify a stop.  "Well that can't be right, " said the prosecutor; "we are justified in pulling someone over for window tint."  Off the parties went to the Fifth District Court of Appeals for the answer. They ruled, "O.A.C. 4501:2-1-11 is the administrative section for Motor Vehicle...

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The “LONG BLOW” Breath Test Defense

 Did you know that an evidential breath testing instrument never really knows your "REAL" breath-alcohol concentration? Find out if you have to blow the breathe test in this video. The air that is expelled at the beginning of the blow has less ethanol than air exhaled at the end.  This is due to the fact that gravity forces blood to pool at the base of the lungs.  Air from your upper lungs has less a concentration and is exhaled first.  Subjects are exhorted to "blow longer" so that the deep lung air is measured.  The longer the blow the higher the...

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DUI Refusals and the Automatic License Suspension

According to Ohio Revised Code 4511.191, if probable cause exists to believe that you are operating a vehicle while impaired (commonly called a DUI) and you refuse to take a chemical test at the request of law enforcement, 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 court appearance which will be held within 5...

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Fighting for Fairness in DUI Law

As anyone who follows this blog regularly knows, I have a deep and abiding hatred for the 1984 Ohio Supreme Court decision in State vs. Vega (1984), 12 Ohio St.3d 185, 465 N.E.2d 1303.  Vega has come to stand for the proposition that an attorney may challenge the particulars of his client's evidential breath test, but the standards and practices of breath testing as determined by the Ohio Department of Health are sacrosanct and cannot be challenged in court.  In this commentator's opinion, the Vega ruling allows junk science to become conclusive evidence (example: Ohio's adherence to a one-breath-test...

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Radio Frequency Interference

Image via WikipediaRadio frequency interference (RFI) or electromagnetic interference can arise when radio signals transmitted in proximity to a breath testing instrument are amplified in a way indistinguishable from electronic signals generated by the instrument during an analysis.  Most instruments are shielded from such interference, have RFI detectors that prevent testing if significant RFI sources are present or both.  Breath testing protocols typically prohibit the use of handheld transmitters in the proximity of the instrument while it is being operated (National Safety Council, 1992).  Subject testing protocols that include the analysis of air blanks, known alcohol samples and agreement...

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DUI and Your CDL (Commercial Drivers Beware)

Image via Wikipedia”But I was in my own car, on my own time!” If you have a commercial driver’s license an Ohio DUI charge can have devastating effects on your career.  Often clients who hold a commercial driver’s license fail to understand that Ohio’s OVI laws can affect your livelihood even if you receive a drunk driving charge while you are not operating a commercial vehicle.  If you plead guilty, or are found guilty, of an OVI (drunk driving) offense your commercial driver’s license will be taken away for one year.  If you are a second-time OVI offender, an Ohio OVI will...

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Driving Too Slow Not Sufficient for a Stop!

Image via WikipediaIn State v. Bacher, 170 Ohio App.3d 457, 867 N.E.2d 864 (2007), an officer pulled over a suspect because he was driving 23 miles per hour below the posted speed limit of 65 miles per hour.  Upon speaking to the driver, the officer noticed a strong odor of alcoholic beverage, pulled him from the car and subsequently arrested him for OVI.  The trial court reasoned that the stop was an "investigative stop" and overruled the defendant's motion to dismiss.Upon appeal, the appellate court reversed the ruling of the trial court, holding that a stop is...

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Juvenile DUI in Ohio and the Learner’s Permit

My 15 year-old was caught drinking. How will this affect her ability to get her license? Ohio has adopted a very low alcohol level for persons under 21.  R.C. 4511.19(B) sets the BAC level at .02 percent but less than .08 percent (by weight of alcohol by whole blood or breath, or with an equivalent amount by blood serum or plasma or urine).  These quasi-zero tolerance levels are justified by the fact that this age group accounts for a "disproportionate share of alcohol-related accidents." See Ohio Driving Under the Influence Law, 2009-2010 ed., Weiler & Weiler, pp. 24-25.  Juveniles who test...

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