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DUI Process

Dayton DUI Attorney Charles Rowland > DUI Law  > DUI Process (Page 30)

Intoxilyer 8000: Costs High and Implementation Slow

[caption id="" align="alignright" width="240" caption="Image by OregonDOT via Flickr"][/caption]By James NashTHE COLUMBUS DISPATCH In the nine months since state officials unveiled a new device hailed as a potent new weapon against drunken driving, the equipment has been used rarely and only in a few rural and suburban pockets of Ohio. A federal grant provided $7 million to buy 710 portable breath testers in December 2008 despite warnings from attorneys, local judges and some scientists that the machines were unreliable and vulnerable to legal challenges.The Intoxilyzer 8000 made its debut in Clermont County in May. Since then, the instrument has been used just 1,116...

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Dayton DUI Treatise: What is an Invalid Sample Reading?

The following article appears on www.AVVO.com.  Please visit me on AVVO where I have earned a 10/10 rating.Written by: Charles Melville Rowland II Fairborn, OH  |  Avvo Rating: 10.0  |  Client Reviews (2)  Add to list Print Send to a friend Share thisThe Problem “I was standing by the machine. It beeped and the officer told me to blow. I blew and blew. The officer got really mad and told me that I was messing with the machine. He said I had to do it again. He took out one ticket and put in another. The next time I blew again…really hard. He told me that I...

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Crime Lab Generates False DUI Reports (from www.TheNewsPaper.com)

Crime lab in Colorado Springs, Colorado inflated the blood alcohol scores in 82 alleged drunk driving cases.At least eighty-two motorists in Colorado Springs, Colorado may have been falsely accused of driving under the influence of alcohol (DUI) based on unreliable blood test results. After double-checking its own work, the city's Metro Crime Lab on Friday admitted that out of 1000 tests conducted since January, no fewer than eighty-two results were inflated above the driver's true blood alcohol content. More incorrect readings could be discovered as re-testing continues."All of these samples are being re-analyzed by a senior forensic chemist and the...

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Due Process for Traffic Offenders (from the National Motorists Association)

By James Baxter, NMA PresidentThere’s a random pattern around the country where state and local courts are systematically making it harder and more expensive for ticket recipients to fight traffic tickets.This is an admission by the judiciary and state and local governments that there is growing public resistance to being ripped off via bad laws, unethical enforcement, and revenue hungry courts.Defendants are growing in numbers, they are coming to court better prepared to defend themselves, the police are being found lacking in knowledge and compliance with mandated procedures, ignorant arbitrary judges are being exposed, and pro-se defendants are mucking up...

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Ticketed for Sounding TOO Fast!

Image by myfear via FlickrOhio Court of Appeals rules that a police officer cannot issue a speeding ticket because a car sounds fast.The Ohio Court of Appeals on Monday ruled that a motorist cannot be convicted of speeding based solely on how fast his car may have sounded. On October 18, 2007, Patrolman Ken Roth ticketed Daniel Freitag in the village of West Salem as Freitag was driving with his wife Jane on US Route 42. Roth claimed his radar unit clocked Freitag at 42 MPH in a 35 zone. Roth also claimed he could hear Freitag's 2006 Lincoln...

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Breath Testing: What an “INVALID SAMPLE” reading means on a BAC DataMaster

“INVALID SAMPLE” WHAT IT IS AND WHAT IT IS NOT “I was standing by the machine.  It beeped and the officer told me to blow.  I blew and blew.  The officer got really mad and told me that I was messing with the machine.  He said I had to do it again.  The next time I blew again…really hard.  He told me that I was being difficult and told me that he was going to say I was refusing to take the test.  This was horrible.”-Client Testimonial-WHAT AN INVALID SAMPLE IS NOTAfter hearing a story like the one above, the client hands you two pink BAC DataMaster tickets...

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International Speeding Ticket?

European countries connect vehicle records so that automated speeding tickets cross international borders.Speeding tickets are beginning to cross international borders in Europe, thanks to the European car and driving license information system, or Eucaris. At the beginning of the year, Swiss motorists began being charged for speed camera tickets issued by French authorities. As of October, the French government had collected on a total of 10,000 citations from violations allegedly committed by vehicles registered in Switzerland. A total of 1800 tickets were issued last month alone.Prior to Eucaris, most countries had no means of collecting on automated tickets issued to...

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United States Supreme Court Decides “one free swerve case”

Image via WikipediaSupreme Court declines to set rule on drunk driving stops By Warren Richey Christian Science MonitorRICHMOND, Va. — The US Supreme Court has let stand a ruling in Virginia that police officers must personally observe erratic driving before stopping a suspected drunken driver.On Tuesday, the high court declined to take up an appeal involving a Richmond motorist who was pulled over by a police officer based on an anonymous tip that he was driving under the influence of alcohol.  The issue in the case, Virginia v. Harris, was whether the officer was justified in confronting the driver with a roadside sobriety...

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