16 June

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Ohio’s Physical Control Law

Drunk Near A Car, Ohio's Physical Control Law The best example of a Physical Control violation is the person who stumbles out of the bar and decides to “sleep it off” in their vehicle. Often times what happens is the person starts the car, either to run the air conditioner or the heater, so the vehicle is actually running, then goes to sleep.Unfortunately, one need not have the car running or even have the keys in the ignition in order to be in violation of O.R.C. 4511.194, Ohio's Physical Control law. Under the Ohio Physical Control statute, having the keys...

13 June

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Ohio OVI Law – a definition

Posted by Dayton DUI

in DUI Law, DUI Process

Image via WikipediaThe term OVI (Operating a Vehicle while Impaired) is the latest acronym for the universally understood DUI; they mean the same thing. Often you will find yourself charged with OVI offenses in two ways: the first is for testing over the per se limit, and the second charge for operating a vehicle while impaired. In Ohio driving under the influence includes driving while intoxicated with too much alcohol, or driving under the influence of a drug of abuse. The traditional offense is "driving under the influence of alcohol" (DUI). Ohio has also enacted a second, so-called "per se"...

09 June

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MADD Secures Passage of ROADS SAFE Amendment

Posted by Dayton DUI

in DUI Law, DUI Process

[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption]Today, Mothers Against Drunk Driving (M.A.D.D.) secured passage of the ROADS SAFE Amendment as part of the Motor Vehicle Safety Act. The amendment was approved by voice vote in the Senate Commerce, Science, and Transportation Committee. The amendment provides $12 million per year over five years to help boost the research for the Driver Alcohol Detection System for Safety, or DADSS. DADSS is the result of a cooperative research agreement between the Automotive Coalition for Traffic Safety (ACTS), comprised of the world’s leading auto manufacturers, and the National...

08 June

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Ohio’s Definition of an ‘Alcoholic’

Posted by Dayton DUI

in Drugs & Alcohol, DUI Law, DUI Process

[caption id="" align="alignright" width="108" caption="Image via Wikipedia"][/caption]Ohio Denies a License to Persons Defined as Alcoholics In 1996, Ohio amended Ohio Administrative Code 4501:1-1-16(A) to define an "alcoholic" as one who meets the following criteria: (1) Is convicted three or more times within the immediately preceding three-year period of division (A) of section 4511.19 of the Revised Code or of a substantially similar municipal ordinance or of a statute of another state or of the United States; or(2) Is convicted three or more times within a three-year period of any traffic violation where from the evidence presented, the trier of fact finds that...

07 June

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Ohio Breath Test Law; the 3-hour Rule

Posted by Dayton DUI

in DUI Law, DUI Process

Substantial Compliance Requires Collection Within Three Hours. R.C. 4511.19(D) sets forth a three-hour time limitation for the collection of bodily substances for alcohol and/or drug testing. This rule is a change from Ohio's previous law which gave the State only two hours in which to obtain a sample.The time requirement has been adopted by the Ohio Supreme Court in Cincinnati v. Sand, 43 Ohio St.2d 79, 330 N.E.2d 908 (1975) and more definitively at Newark v. Lucas, 40 Ohio St.3d 100, 532 N.E.2d 130 (1988), where the court held that tests in test cases (cases involving a violation of the prohibited...

07 June

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Does the Ohio BMV keep crash report records?

Posted by Dayton DUI

in DUI Law, DUI Process

[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption]Does the Ohio Bureau of Motor Vehicles Keep Crash/Accident Records? How Can I Get A Copy? Anytime an individual is involved in a motor vehicle accident in Ohio and a police report is made, all parties listed on the police report have an entry of that accident placed on their driving record. When this entry is placed on the record, there are no points assessed and it does not specify who was at fault. A copy of the report may be obtained by writing to:Ohio Department of Public Safety 1970 W. Broad Street, Columbus, Ohio 43223...

03 June

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Retrograd Extrapolation (The Rising Alcohol Defense)

Posted by Dayton DUI

in DUI Process

DAYTONDUI.COM Explains the Defense of Retrograde Extrapolation [caption id="attachment_8279" align="alignright" width="144" caption="www.DaytonDUI.com"][/caption]The chemical test of your breath is administered at a police station, commonly an hour or more after the arrest. Ohio, pursuant to recent changes in the DUI law, allows three hours for collection of a chemical test. Logically, the breath test gives an accurate reading of the BrAC at the time of the breath test. It does not, however, answer the question of what BrAC was at the time of driving.Experienced counsel like Charles M. Rowland II, can use the forensic science of retrograde extrapolation to “look back” to...

02 June

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Ohio DUI Law: Barberton v. Jenney (visual estimation is enough)

Posted by Dayton DUI

in DUI Law, DUI Process

Officer’s Unaided Visual Estimation of a Vehicle’s Speed Sufficient if Based on Training, Certification, Experience 2009-1069. Barberton v. Jenney, Slip Opinion No. 2010-Ohio-2420.Image by jsmjr via FlickrSummit App. No. 24423, 2009-Ohio-1985. Judgment of the court of appeals affirmed. Pfeifer, Lundberg Stratton, O'Connor, Lanzinger, and Cupp, JJ., concur. O'Donnell, J., dissents. Brown, C.J., not participating.(June 2, 2010) The Supreme Court of Ohio today ruled 5-1 that a police officer’s unaided visual estimation of a vehicle’s speed is sufficient to support a speeding conviction without independent verification of the vehicle’s...

01 June

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Bear Traps

Posted by Dayton DUI

in DUI Law, DUI Process

If you are planning a summer vacation with the family, you might want to check out BEARTRAPS. This awesome site allows you to search your route for when and where you might encounter a "smokey". Given that Ohio is the top state for getting a ticket, you should really take precautions. (See previous articles). If you have your beartraps.com route plan, a good radar detector and some good tunes, it may just be the best trip yet. So do you take RADAR LOVE or the theme from SMOKEY AND THE BANDIT? ...

31 May

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South Carolina House Votes to Ban Photo-Radar

Posted by Dayton DUI

in DUI Process

from, www.thenewspaper.comThe South Carolina House of Representatives voted Thursday to make the state's ban on photo radar explicit. In 2006, the office of the attorney general issued an opinion stating automated ticketing conflicted with state law, but Ridgeland officials decided to ignore the ruling and operate a speed camera van on Interstate 95. The town of 2500 wants to deploy cameras to ticket out-of-state drivers as they pass through the seven-mile stretch within the town's limits."We don't need anyone's approval to enforce the law in Ridgeland," Mayor Gary W Hodges wrote in response to a local newspaper article. "The Gazette/Packet...

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