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DUI Process

Dayton DUI Attorney Charles Rowland > DUI Law  > DUI Process (Page 25)

Forced Blood Draws…in America?

Image via WikipediaOhio Revised Code Section 4511.191(A)(5) allows forced blood draws.  Officers may use "whatever reasonable means are necessary to ensure that the person submits to a chemical test of the person's whole blood or blood serum or plasma."  This section applies to persons who have two prior convictions.  O.R.C. 1547.111(B) applies the "whatever means necessary" test to watercraft.Ohio Revised Code 4511.191(A)(4) authorizes the State to withdraw blood from a corpse or from a person who is unconscious or from a person who is incapable of withholding consent.Ohio Revised Code 4511.19(D)(1)(b) provides that courts may admit blood evidence upon...

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Motorcycle Roadblocks: Is NHTSA Playing Games?

Motorcycle Roadblocks: Is NHTSA Playing Games? Posted on October 5th, 2010 in James BaxterBy James Baxter, NMA PresidentThe National Motorists Association has always opposed roadblocks, of any kind, and for any purpose other than warning travelers of an unforeseen danger; e.g. a collapsed bridge, flooded roadway, or multi-vehicle crash scene. Therefore it stands to reason that we would oppose the National Highway Traffic Safety Administration’s (NHTSA) issuance of financial grants to fund motorcycle only roadblocks. These are supposedly to improve motorcycle safety.However, seeing there is no evidence that roadblocks improve safety,...

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Portable Breath Test Devices Can Produce Falsely High Tests

According to the National Highway Transportation Safety Administration (Student Manual HS178 R2/06), a Portable Breath Test Device may produce an artificially high reading.  The government document is clear: "PBT instruments have accuracy limitations." (VII-8).  The NHTSA manual goes on to set forth "two common factors that tend to produce high results on a PBT.  The PBT is often seen in Underage Consumption cases and in Boating Under the Influence (BUI) cases as they provide probable cause for an arrest.Residual mouth alcohol. After a person takes a drink, some of the alcohol will remain in the mouth tissues.  If the person...

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Driving Under the Influence of Drugs (DUID)

Image via Wikipedia“When compared to alcohol, cannabis is detected far less often in accident-involved drivers.  Drummer et al. (2003) cited several studies and found that alcohol was detected in 12.5% to 79% of drivers involved in accidents.  With regard to crash risk, a large study conducted by Borkenstein, Crowther, Shumate, Zeil and Zylman (1964) compared BAC in approximately 6,000 accident-involved drivers and 7,600 nonaccident controls.  They determined the crash risk for each BAC by comparing the number of accident-involved drivers with detected levels of alcohol at each BAC to the number of...

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Ohio DUI Law Allows Expanded Blood Draws

[caption id="" align="alignright" width="189" caption="Image via Wikipedia"][/caption]A law that takes effect Friday will allow emergency medical workers to draw blood from drivers who crash and are merely suspected of using drugs or alcohol.  Currently, only physicians, registered nurses, qualified technicians, chemists and phlebotomists can take blood from drivers suspected of operating vehicles while under the influence.Adding emergency medical workers would allow samples to be drawn sooner, but that raises several serious questions.  Can drivers be forced to give a sample? Who will train EMS workers to use the different police collection kits? What is...

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Great Job Ohio!

59% fatal crash reduction during 2010 Labor Day Weekend The Ohio State Highway Patrol released provisional Labor Day fatal crash statistics what show seven people were killed in seven fatal crashes during the holiday reporting period of Friday, September 4 at 6 p.m. through Monday, September 6 at 11:59 p.m. Of these seven fatal crashes on only one is believed to be alcohol-related. During the same reporting period last year, 17 lives were lost on Ohio roadways - of which seven were alcohol-related.  OVI (formerly DUI) arrests were down 9.9% in 2010 despite an increase of 17.2% in enforcement.  A copy...

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How Does A Sobriety Check Point Operate?

There are three stages to a sobriety checkpoint. “As traffic goes through the initial checkpoint, everybody stops,” explained Summit County Sergeant Todd Belcher from State Highway Patrol. “Every vehicle is checked. We have about five officers on the roadway. We refer to this as ‘the line.’”If the vehicle is diverted, they are questioned further. “They ask them a few more questions to see if they still detect the odor or any other signs of impairment. They would probably do standardized sobriety field testing which included checking of the eyes, and the one legged stand test. If there is probable cause...

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Ohio State Highway Patrol DUI Labor Day Effort Announced

Image via WikipediaThe Ohio State Highway Patrol announced their plans for the upcoming Labor Day holiday weekend. The Patrol will focus on removing impaired drivers from our roadways and urging motorists to think twice before getting behind the wheel while impaired. Troopers will be out in full force in an effort to reduce fatalities over the long weekend.To see more from the Ohio State Highway Patrol, visit the web site HERE. ...

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Ohio OVI Law: State v. Ridenour

Image by dumbeast via FlickrState v. Ridenour, 2010-Ohio-3373, 4th District Court of Appeals July 19: Here, the Defendant was involved in a fatal accident and law enforcement suspected OVI.  A trooper obtained a search warrant for the Defendant's blood  from a Meigs County Judge.  This created an issue as the Defendant was being treated  in a hospital in neighboring Gallia County.  The resulting blood test revealed a BAC of .176.  Defendant challenged the faulty search warrant via a motion to suppress.  The motion was denied and the Defendant was convicted of Aggravated Vehicular Assault.The 4th District Court of Appeals held that...

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