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DUI Process

Dayton DUI Attorney Charles Rowland > DUI Law  > DUI Process (Page 22)

Ohio DUI Law: Random Plate Checks

A driver has no reasonable expectation of privacy in a license plate number since it must be openly displayed under O.R.C. 4503.21.  In State v. Bates, 1987 WL 15817 (Ohio Ct. App. 9th Dist. Medina County) (1987), the 9th District Court of Appeals held that information obtained by an officer who "runs your license plate" may provide reasonable suspicion" to justify a traffic stop.  See also, Rocky River v. Saleh, 139 Ohio App.3d 313, 743 N. E. 2d 944 (8th Dist. Cuyahoga County 2000).  The Bates Court held that although a random vehicle stop without  reasonable suspicion of criminal...

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DUI Case Argued Before U.S. Supreme Court (Bullcoming v. New Mexico)

[caption id="" align="alignright" width="300" caption="Image via Wikipedia"][/caption]Is An Analyst Required To Appear In Court? The United States Supreme Court will hear oral arguments in Bullcoming v. State of New Mexic0 (Docket No. 09-10876) to decide "whether the Confrontation Clause permits the prosecution to introduce testimonial statements of a nontestifying forensic analyst through the in-court testimony of a supervisor or other person who did not perform or observe the laboratory analysis described in the statements."  According the the National College for DUI Defense, Stanford Associate Law professor Jeffrey L. Fisher, who brought and won the Crawford and Melindez-Diaz cases is slated to...

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Ohio OVI Law: Impairment by Drugs of Abuse

Image via WikipediaOhio Revised Code 4511.19(A)(1)(j) prohibits the operation of a vehicle under the influence of any of the following controlled substances: amphetamine, cocaine, cocaine metabolite, heroin, heroin metabolite (6-monoacetyl morphine), L.S.D., marijuana, marijuana metabolite, methamphetamine, phencyclidine, salvia divinorum, or salvinorin A.  The statute sets forth statutorily prohibited concentrations of each of the drugs set forth above.  For impairment purposes, "drugs of abuse" is defined  as set forth in Ohio Revised Code 3719.01 which includes not only illegal drugs and/or controlled substances  but also includes harmful intoxicants under Ohio Revised Code 2925.01(I) and dangerous drugs under Ohio...

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Rowland Receives Training on the Intoxilyzer 8000

Image via WikipediaWhat You Need to Know about Breath Tests & the Intoxilyzer 8000 Today Charles M. Rowland is attending a seminar involving advanced DUI training on the Intoxilyzer 8000 breath test machine.  Speakers, experts, nationally recognized attorneys and former police officers will give their stories about the shortcomings of the Intoxilyzer 8000 and what is in store when Ohio makes the conversion.  The seminar is sponsored by the Ohio Association of Criminal Defense Lawyers and has been approved for credit by the National College for DUI Defense.  This two-day seminar is being held at the Westin Hotel in Columbus,...

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Ohio BMV Reinstatement Offices

You can pay your reinstatement fee by visiting any of the following BMV REINSTATEMENT OFFICES: CINCINNATI 10948 Hamilton Avenue Cincinnati, Ohio 45231 (513) 742-7535 or (513) 742-7545 CLEVELAND 12000 Snow Road, Suite N Parma, Ohio 44130 (440) 845-2007 COLUMBUS 1583 Alum Creek Drive Columbus, Ohio 43209 (614) 752-7600 JACKSON 110 Twin Oaks Drive Jackson, Ohio 45640 (740) 286-5683 TOLEDO 4400 Heatherdowns Blvd. Toledo, Ohio 43614 (419) 245-3010 YOUNGSTOWN Northeast Ohio Regional Service Center 242 Federal Plaza West Youngstown, Ohio 44503 (330) 797-5550...

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Who is Qualified to Conduct a Breath Test?

Evidential breath testing in Ohio is governed by the Ohio Administrative Code and the Ohio Revised Code.  The OVI statute, R.C. 4511.19(D)(1),  sets forth the requirements that evidential breath tests are admissible when analyzed by individuals holding valid permits issued pursuant to R.C. 3401.143, and qualified in accordance with O.A.C. 3701-53-07(C) - (F). The Ohio Administrative Code contemplates two types, or ranks, of people who are qualified to administer an evidential breath test: Operators and Senior Operators.  "Operators" are authorized to conduct breath tests, whereas, "Senior Operators" is capable of conducting breath tests, caring for the machine and its maintenance and...

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State Patrol to Increase Presence on U.S. 35

The Dayton Daily News is reporting that the Ohio State Highway Patrol will be stepping up its enforcement efforts along U.S. 35 in Greene and Montgomery Counties beginning March 1st.  The patrol said U.S. 35 is consistently a top crash route in Montgomery and Greene counties. Their increased presence is designed to reduce fatal and injury crashes, arrest impaired drivers, apprehend wanted felons and stop the transportation of drugs and weapons.To see the full article on the Dayton Daily News site, please visit HERE. Related articlesHighway wrecks and deaths decline sharply in Ohio (dispatch.com) Fayette County (Washington Court House)...

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Alcohol Tests Under Heightened Scrutiny

The following article, by Andy Coghlan appeared today's version of New Scientist. [HERE]  It represents possible scientific defenses to blood and urine alcohol tests.  Dayton DUI attorney Charles M. Rowland II is committed to learning as much as possible about scientific advances in DUI defense.  He is currently the only attorney in the State of Ohio to be certified in Forensic Sobriety Assessment. Fail an alcohol test and you could lose your job. But confidence is draining from the blood and urine tests that are supposed to show conclusively whether someone has been drinking – and the US ...

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Out of State DUI Consequences

Question: I was visiting Ohio when I received an OVI charge; what will happen to my out-of-state license? Ohio (and 45 other states) are members of the Driver's License Compact, an agreement wherein member States communicate the fact of a conviction for DUI to the "Home State". The "Home State" then takes action against the licensee under its own laws. Forty-five States are currently members of the Interstate Compact.  Michigan and Wisconsin are not part of the DLC.   Under all but a few geographical exceptions, it will be impossible for an out of State resident to avoid serious consequences in their...

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Ohio DUI Alert from Breathalyzer Manufacturer

The following is the response provided by N.P.A.S. regarding Ohio's decision to employ roadside breath testing instruments.  N.P.A.S. is the manufacturer of the BAC DataMaster breath testing machines. We have received many requests for information regarding the Ohio Department of Health's apparent decision to purchase products designed for mobile evidential breath testing in Ohio.We believe our instruments, made in Ohio by Ohio workers, suppliers, engineers and tradesman are the most reliable, and precise instruments in the industry, whether they are deployed at the roadside or in a station.Here is our take on mobile testing in Ohio.  Van applications (i.e. ...

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