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DUI Process

Dayton DUI Attorney Charles Rowland > DUI Law  > DUI Process (Page 5)

DUI Case Law Update: State v. Ilg

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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Urine Testing: No Privacy For You!

The rules for urine testing in Ohio are set forth at Ohio Administrative Code 3701-53-05 & 3701-53-06.  At O.A.C. 3701-53-05, it is clearly stated that a urine test must be witnessed.  It states at subsection (D), (D) The collection of a urine specimen must be witnessed to assure that the sample can be authenticated. Urine shall be deposited into a clean glass or plastic screw top container which shall be capped, or collected according to the laboratory protocol as written in the laboratory procedure manual. In urine testing cases, the state has the burden to prove substantial compliance with the regulations upon...

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When Stopped On Suspicion of DUI – Should I Blow?

When you are stopped on suspicion of DUI the question becomes - "Should I Blow?"  Unfortunately, the answer is "maybe" and involves a very complicated investigation of the facts of your case and your personal history.  You should NEVER refuse the test without understanding how a refusal would affect YOU.  No attorney can know all of the circumstances of your arrest and your personal history, always ask to speak to an attorney when making this decision.Learn how the Breathalyzer test affects your DUI defense in this video. Can you answer "TRUE" to ALL of the following questions? If so, you can politely DECLINE any police...

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Alcohol And Your Body: A Primer

About 20% of the alcohol (actually the impairing substance is ethanol) in your beverage is absorbed in the stomach and the remaining 80% is absorbed in the small intestine.  How fast it is absorbed is dependent on various factors.The higher the percentage in the beverage, the faster the absorption; Are you mixing? Carbonated beverages tend to speed up absorption; Hungry? Food in your stomach slows down the absorption;When it is absorbed it looks for the water in your blood and body.  Fat does not matter as ethanol does not dissolve in fat. The inebriating effects are present when the concentration in the blood...

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DUI Law: What Did SCOTUS Say In Missouri v. McNeely

If you have been following developments in DUI law, you have no doubt heard about the United States Supreme Court decision in Missouri v. McNeely, 133 S.Ct. 1552 (2013).  The case deals with when, and under what circumstances the government is required to seek a warrant prior to drawing blood from a suspected DUI offender. Below is a quote from the case which provides a reasonable (and short) analysis of the case.  If you want to read the full opinion please click on the case name above. In Schmerber v. California, 384 U.S. 757, 86 S.Ct. 1826, 16 L.Ed.2d 908 (1966), this Court upheld...

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It Is The Anniversary Of The Parking Ticket

Seventy nine years ago this month, the Reverend Charles H. North of the Oklahoma Third Pentecostal Holiness Church became the first person to every receive a parking ticket.  The controversial "Park-O-Meter" had been installed in the prior weeks and caused a stir amongst the residents.According to his grandson Dwight Thurmond the parking citation was issued after his grandfather rooted through his coat for the required nickel.  Finding none, he trudged over to the nearby grocery store to get change. Little did he know he was about to become a historical footnote. When he returned he curiously examined a white piece...

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Vehicle Forfeiture: Where Does The Money Go?

Have you ever wondered where the money goes following a vehicle forfeiture?Does your police agency have some really cool sports cars, tricked out SUVs or ruggedly expensive off-road vehicles?  Chances are they got it via Ohio's vehicle forfeiture law.  Pursuant to R.C. 4503.234(C)(1), the agency that arrested a defendant has a virtual right of first refusal on any forfeited vehicle.  All they have to do is satisfy the lienholder or the innocent non-owners interest if they have protected their interest in the vehicle.If law enforcement does not want the vehicle it will be sent to auction.  Prior to the sale...

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Methods for Obtaining A Test Under Ohio’s Implied Consent Law

  When you drive on Ohio's roadways you are assumed to have consented to a search of your blood, breath, plasma or urine if you are arrested pursuant to the Ohio Drunk Driving statute, R.C. 4511.19(A) or R.C. 4511.19(B). Ohio Revised Code 4511.191(A)(2) is Ohio's Implied Consent Law. It states, in pertinent part,  "Any person who operates a vehicle, streetcar, or trackless trolley upon a highway or any public or private property used by the public for vehicular travel or parking within this state or who is in physical control of a vehicle, streetcar, or trackless trolley shall be deemed to have...

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Traffic Ticket Blitz Underway in Ohio Through July 26

There is a traffic ticket blitz underway in Ohio and five other states. The Ohio State Highway Patrol will join forces with other members of the 6-State Trooper Project to focus efforts on distracted driving enforcement statewide. The high-visibility enforcement effort begins Sunday, July 20 at 12:01 a.m. and continues through Saturday, July 26 at 11:59 p.m.  The 6-State Trooper Project includes the Ohio State Highway Patrol, Kentucky State Police, Indiana State Police, Pennsylvania State Police, West Virginia State Police and the Michigan State Police.OSP Sgt. Vincent Shirey told FOX 8 News that troopers will not just be looking out...

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Electronic Traffic Tickets Are Coming To Ohio

Electronic traffic tickets are coming to Ohio.  The Ohio Supreme Court adopted amendments to the Ohio Traffic Rules about electronic tickets issued by law enforcement to account for an ongoing pilot project.  The Rules will take effect in January to facilitate the use of e-tickets. Subsequently, the Commission on the Rules of Practice and Procedure learned of a State Highway Patrol effort to issue e-tickets but file paper copies with the local court. The rules amended in January only covered tickets issued and submitted electronically and did not account for this “hybrid” system.  To facilitate the pilot project, amendments to...

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