20 July

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Columbus, Ohio: Innocent Or Not, You’re Paying Us

[From the National Motorists Association, July 20, 2010] If you’ve read any of our articles in the past, you know that red light ticket cameras have a way of helping city council members forget about basic due process rights.This story from 10TV News in Ohio shows that Columbus, Ohio’s program is one of the worst in that respect: According to Columbus policy, a driver has to pay $95 to have a hearing. If the driver does not pay, he or she loses. If he or she pays late, the payment rises to...

14 July

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Ohio Out-of-State DUI Issues

Posted by Dayton DUI

in DUI Process

[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption] Dayton DUI Defense Attorney Can Represent Your Out-of State DUI States use two reporting systems to share information about a DUI arrest. The Non-Resident Violator Compact (NVRC) is a group of states that share information about an out-of-state DUI arrest. Other states belong to the Inter-State Driver's License Compact, which operates to share information so that you have one driving record for all offenses no matter where the offense occurred. Ohio joined the NVRC in 1985 and the Inter-State Compact in 1987. The Interstate Compact is a multi-state agreement between participating states to share...

05 July

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Breathalyzers and the Body Temperature Defense

Posted by Dayton DUI

in DUI Process

Sources of Error in Breath Testing (Part One)Image via WikipediaDeviations in the normal body temperature can result in an error in the evidentiary breath test. In his article "Body Temperature and the Breathalyzer Boobytrap," 721 Mich B.J. (1982), Dr. Hlastala confirms that the normal body temperature of a healthy person may"may vary by as much as 1 degree centigrade above or below the normal mean value of 37 degrees centigrade or 1.8 degrees F from the mean value of 98.6 degrees F." The higher the body temperature, the greater the error rate of the breathalyzer machine. LaBianca...

25 June

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Ohio Blood and Urine Tests for Alcohol

Posted by Dayton DUI

in Drugs & Alcohol, DUI Process

[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption]Ohio Administrative Code 3701-53-01 sets forth the rules used in blood testing cases. Like no other area of DUI practice, experience can make all the difference in a blood or urine test. Ohio DUI defense attorney Charles M. Rowland II has successfully suppressed blood results in OVI cases and has the experience to fight your Blood-Alcohol Test. Set forth below are just some of the requirement of OAC 3701-53-05:Specimens are to be collected in accordance with RC 4511.19 or RC 1547.11. For blood samples, an aqueous solution of a non-volatile (nonalcohol) antiseptic is to be...

22 June

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OVI While Operating a Commercial Vehicle

Posted by Dayton DUI

in DUI Law, DUI Process

CDL limit is .04 (not .08) while operating a commercial vehicle It is illegal to operate a commercial vehicle in Ohio with a BAC of .04 or higher. If you plead to, or are found guilty of an Ohio DUI, all the regular Ohio DUI/OVI penalties apply, but the legal limit in which you may drive is .04 instead of .08. Refusal to take a chemical test is a first degree misdemeanor, regardless of whether you were charged with an Ohio OVI or not. Charles M. Rowland II has represented truck drivers and other commercial drivers for over fifteen years. If you...

22 June

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Ohio’s Implied Consent Law

Posted by Dayton DUI

in DUI Process

[caption id="" align="alignright" width="210" caption="Image via Wikipedia"][/caption]In Ohio, any person who operates a vehicle within the state of Ohio is said to have given his or her consent to a chemical test of their blood, breath, or urine to determine alcohol content if arrested for OVI (drunk driving). Pursuant to recent changes in Ohio OVI law, an OVI suspect has 3 hours to comply with the request to submit to a test, and failure to do so within the 3 hour limit will be considered a "refusal." Recent changes allow the police to use "whatever reasonable means are necessary to...

21 June

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Oral Intake and the Twenty-Minute Rule

Posted by Dayton DUI

in DUI Process

THE LAW RELATING TO “ORAL INTAKE” AND THE “TWENTY-MINUTE OBSERVATION PERIOD.When applying the science to the law, the Court can look to recent law as set forth below which would grant the court the power to invalidate the test. However, the State’s best argument is to avoid application of the science by the court and have the issue go before a jury.SUBSTANTIAL COMPLIANCE IS NOT MET WHEN THE DEFENDANT TAKES A TEST WITH A FOREIGN OBJECT IN HIS MOUTH.In State v. Baldridge 2001-Ohio-7029, 2001 WL 1673756 (Ohio Ct. App. 5th Dist....

17 June

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Blood Test Evidence and Your Expert Witness

Posted by Dayton DUI

in DUI Law, DUI Process

Do Not Open the DoorImage via WikipediaIn City of Mt. Vernon v. Stegall (5th Dist.) 2009-Ohio-119, 2009 Ohio App. LEXIS 95, the Fifth District Court of Appeals allowed the prosecutor to present evidence of a blood test that was taken outside of the three-hour time limit to rebut the testimony of the defendant's own witness who opened the door by testifying as to the blood alcohol test results. The testimony allowed was presented by an officer who did not perform the test. If you find yourself arrested for OVI in Ohio, contact Charles M. Rowland II who has...

17 June

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Physical Control and Prior Convictions

Posted by Dayton DUI

in DUI Law, DUI Process

Can a Prior Conviction for Physical Control Enhance an OVI charge? In State v. Justus (8th Dist.), 2009-Ohio-137, the Eight District Court of Appeals held that the defendant's conviction of fourth degree felony OVI, enhanced by a prior physical control violation cannot stand because previous case law defined physical control as not an equivalent offense to OVI under the 2004 law. Physical control is less than operation and may not be used to enhance a current OVI charge.PRACTICE POINT: The fact that the prior may not be used to enhance OVI does not mean that it will go unnoticed by a...

16 June

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Dayton Criminal Defense Attorney Mark Babb

Posted by Dayton DUI

in DUI Process, Ohio Cities, Ohio Criminal Law

Attorney Mark Babb focuses his practice in the areas of criminal and traffic law. Attorney Babb has represented thousands of clients in the Fairborn, Xenia, Dayton and surrounding areas since the inception of his practice. Attorney Babb has acquired the knowledge, skills and experiences to effectively represent his clients in all areas of criminal and traffic law.Attorney Babb graduated from the prestigious Ohio State University College of Law in 1998. After working at Lexis Nexis as a legal data analyst, Mark began his practice of law in...

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