30 December

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Facial Recognition, License Plate Readers and No Accountability

License Plate Readers are now offering law enforcement agencies the ability to use facial recognition software on American streets with almost no laws making law enforcement accountable and no public debate on the topic.According to a story at www.TheNewspaper.com, The leading suppler of automated license plate readers technology in the US (ALPR, also known as ANPR in Europe) is expanding its offerings to law enforcement. Vehicle owners have already had their movements tracked by the company Vigilant Solutions, which boasts 2 billion entries in its nationwide database, with 70 million additional license plate photographs being added each month. Now passengers can...

15 December

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Alcohol Flush Reaction: An Allergy to Alcohol

Posted by Dayton DUI

in DUI Process

Have you ever heard anyone say that they are "allergic" to alcohol? Well, if the person is of Asian descent, they may have a common reaction to alcohol know as Alcohol Flush Reaction.Studies have shown about a third of Japanese, Chinese, and Koreans respond to alcohol by turning red.The reaction is a condition in which an individual develops flushes or blotches associated with erythema on the face, neck, shoulders, and, in some cases, the entire body after consuming alcoholic beverages. The reaction is the result of an accumulation of acetaldehyde, a metabolic byproduct of the catabolic metabolism of alcohol, and...

02 December

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Springfield Red Light Cameras Losing Millions In Revenue

Posted by Dayton DUI

in DUI Process

According to an article in TheNewspaper.com, Springfield red light cameras are losing millions of dollars in revenue. Why?In 2008, the Ohio General Assembly enacted a law requiring all cities using cameras to lengthen the duration of the warning given to motorists approaching a photo enforced intersection. Cities were given until March 12, 2009 to make the change, and the cities that complied saw a dramatic reduction in violations."In Springfield, red light cameras have issued automated tickets at ten intersections since 2006. Before the yellow timing law took effect, the city's for-profit vendor issued an average of 18,185 citations annually. Between 2009...

21 November

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OVI Law: Elimination of Alcohol By Oxidation

Posted by Dayton DUI

in DUI Process

OVI law requires an understanding of how alcohol enters, affects and exits the body. Here is a brief overview of the elimination process.Alcohol exits the human body by being oxidized by a number of very important enzymes. Foremost among these enzymes are ADH (alcohol dehydrogenase) and ALDH (aldehyde dehydrogenase). Over 90% of the ingested alcohol is oxidized in the liver. The remaining 10% is excreted via the breath (.07%), the urine (.03%) and sweat (.01%). [Master, S., Chapter 23: The Alcohols, Basics and Clinical Pharmacology, B. Katzung, Editor, McGraw Hill, Eighth Edition, 2001, p. 382 (hereafter "Katzung").We know that the...

20 November

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Ohio Senate Votes To Ban Traffic Cameras

Posted by Dayton DUI

in DUI Process

As many regular readers of this blog already know, I have made it my mission to speak out against traffic cameras and speed cameras since their introduction. I consider them to be corrupt and corrupting. They are the worst example of turning the criminal justice system (and the citizens) into a source of revenue.Today the Ohio Senate passed legislation that will effectively ban traffic cameras statewide. The law would require that a police officer be on the scene to issue the ticket. This would require a tremendous amount of money for departments to "staff" the cameras. The legislation passed the...

13 November

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Your Ohio BMV Reinstatement Fee

Posted by Dayton DUI

in DUI Process

Here is everything you ever wanted to know about your Ohio BMV Reinstatement fee and how to go about getting your license back. If you need more information, please contact us via the information given below. Thanks!Operator License ReinstatementFeeORC Section 4511.191 (F)(a thru h)OVI Conviction Date before 03/14/89$75.00OVI Conviction Date between 03/15/89 thru 07/24/90$100.00OVI Conviction Date between 07/25/90 thru 06/30/93$125.00ALS/OVI Arrest Date between 07/01/93 thru 09/30/97$250.00ALS/OVI Arrest Date between 10/01/97 thru 09/15/98$280.00ALS/OVI Arrest Date between 9/16/98 thru 11/02/00$405.00ALS/OVI Arrest Date between 11/03/00 thru 09/29/08$425.00ALS/OVI Arrest Date on/after 9/30/08$475.00Physical Control Suspension$475.00Non-Compliance ReinstatementORC Section 4509.101 (A5a)Incident/Accident prior to 04/20/95$30.00Incident/Accident after 04/19/95First Offense$75.00Second...

10 November

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Ohio’s High School Drop Out Suspension

Posted by Dayton DUI

in DUI Process

Pursuant to the Ohio High School Drop Out Suspension, the Ohio BMV can suspend the license of a person under the age of 18 if a School Superintendent notifies the BMV of unauthorized withdrawal from school, or habitual absence without legitimate excuse, or suspension for use or possession of alcohol or drugs of abuse.Suspension Shall be Terminated ifSubject is at least 18 years old. Subject provides evidence of a high school diploma or general education development certificate (G.E.D.) of high school equivalence. Superintendent of school district informs the Registrar subject was suspended in error. Superintendent informs the Registrar that subject has satisfied terms or...

22 October

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Is It A Crime To Refuse To Take A Breath Test?

Posted by Dayton DUI

in DUI Law, DUI Process

Is it a crime to refuse to take a breath test? Ohio has adopted O.R.C. 4511.19(A)(2) which makes it a crime to refuse to take an evidentiary chemical test if you have a prior OVI (drunk driving) or OVUAC (juvenile/underage drunk driving) conviction any time within the last twenty (20) years. If you refuse and you have a prior within twenty (20) years then the penalties for your OVI offense will be double the mandatory minimum. (See generally the "Penalties" section of the DaytonDUI blog).Professional drivers who refuse to take a breath test face a separate crime if they do not...

13 October

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Dayton Red Light Camera Program Is Illegal

Posted by Dayton DUI

in DUI Process

Did you know that the Dayton Red Light Camera program is issuing tickets with a short yellow light, thereby making more money for the city? The following article is from TheNewspaper.com (a great site) and sets forth the argument that the program fails to comply with the 2008 implementing law. Dayton, Ohio's red light cameras have generated more than $8 million over the past two years. Many of the $85 automated tickets are issued at intersections where the yellow signal warning times fall short of the minimum allowed under state law.In 2008, Governor Ted Strickland (D) signed House Bill 30 into law, requiring...

02 October

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DUI Case Law Update: State v. Ilg

Posted by Dayton DUI

in DUI Law, DUI Process

DUI case law update: State v. Ilg, Slip Opinion No. 2014-Ohio-4258For most of my career I have had to deal with a tremendous disadvantage in DUI cases. In 1984, the Ohio Supreme Court decided State v. Vega, 12 Ohio St. 3d 185, 465 N.E.2d 1303 (1984) which was interpreted to prevent an attack on the breath test machine if it attacked the "general reliability" of a breath alcohol test if it was "conducted in accordance with methods approved by the director of the Ohio Department of Health." Id. In practical purposes, courts used VEGA to preclude almost all attacks on a...

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