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DUI Process

Dayton DUI Attorney Charles Rowland > DUI Law  > DUI Process (Page 8)

Will I Be Required To Use Restricted Plates (A.K.A Party Plates)?

When will you be required to use restricted plates?If you thought that public shaming was a barbaric practice relegated to the distant past, you have not been driving through Ohio.  Ohio was the first state in the country to adopt a form of public humiliation by adopting special license plates (called restricted plates) for drunk driving offenders.  Use of the “scarlet letter” restricted plates became mandatory in 2004. O.R.C. 4507.02(F)(2) and 4503.231.  These bright yellow restricted plates with prominent red lettering (often referred to as "party plates") are an indelible record of your offense and will not be easily forgotten...

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Defending Your DUI: The Gastric Bypass Defense

Gastric bypass surgery (also called bariatric surgery) is a procedure that drastically reduces the size of the stomach which has a dramatic effect when consuming alcohol.  Gastric bypass surgery results in alcohol moving much more quickly from the stomach into the small intestine.  80% of alcohol is absorbed in the small intestine, this surgery results in a much higher peak BAC than with the equivalent amount of alcohol consumed before the surgery.  Due to these anatomical and physiological changes, drinking after gastric bypass surgery is similar to drinking on an empty stomach, but creates an even higher peak BAC because there...

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Federal OVI Offenses: Where Will My Case Be Heard?

Federal OVI offenses are handled in the United States District Court for the Southern District of Ohio.  Established in 1803, the United States District Court for the Southern District of Ohio handles over 400 criminal cases (including Federal OVI offenses) a year in 48 of Ohio’s 88 counties.  The court has an eastern division, located in Columbus and two western divisions located in Dayton and Cincinnati.  If you are arrested for a Federal OVI offense in Champaign, Clark, Greene, Darke, Miami, Montgomery, Preble or Shelby counties you will appear in Dayton’s Federal Building, 200 W. Second St., Dayton, Ohio 45402.  You can...

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OVI & Your Brain: Who Cares About Impairment?

More Faulty OVI Breath Test Assumptions One of the faulty assumptions underlying OVI evidential breath testing is the assumption that the tests are measuring the ability of alcohol to impair your brain.  They do not.  The breath test for OVI does not care how, or even if, the alcohol is impairing your brain only that it is in your breath via your lungs via your blood.  The machines do not test venous blood but arterial blood utilizing the scientific principle of Henry’s Law.  As alcohol can be at different rates throughout your body, the machine is not measuring impairment.During peak absorption...

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Marked Lanes Violations & Traffic Stops

When can a police officer make a stop for a marked lanes violation? In State v. Houck, 2011-Ohio-6359, Ohio's Fifth Appellate District considered the legal standards required to stop a person for a marked lanes violation. See O.R.C. 4511.33 “In Ohio, when a driver commits only a de minimis marked-lanes violation, there must be some other evidence to suggest impairment before an officer is justified in stopping the vehicle. See State v. Gullett (1992), 78 Ohio App.3d 138, 145, 604 N.E.2d 176, 180–181. In Gullett, the Fourth District Court of Appeals concluded that the mere crossing of an edge line on two...

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DUI Science: Pharmacokinetics and Pharmacodynamics

Pharmacokinetics and Pharmacodynamics Defending a DUI (now called OVI in Ohio) requires an attorney to understand how the body reacts to the impairing substance (pharmacokinetics) and how the brain is affected by the substance (pharmacodynamics).  Pharmacokinetics explains the absorption, distribution and elimination of the drug.  Pharmacodynamics includes the action of the drug on the brain, pharmacologic effects and toxicity. [Holford, N., Chapter 3: Pharmacokinetics and Pharmacodynamics: Rational Dosing and the Time Course of Drug Action, in B. Katzung, Editor, McGraw Hill, Eighth Edition, 2001, p. 36].  Pharmacokinetics and pharmacodynamics are explained in this short introductory video.Charles M. Rowland II has attended...

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Intoxilyzer 8000 Is Unreliable Judge Finds

A judge recently ruled the Intoxilyzer 8000 (Ohio's newest breath testing machine) unreliable.  In State of Ohio v Chelsea Lancaster, Judge Teresa Liston who heard several cases, combined for purposes of challenging the device, at the request of Marietta Municipal Court Judge Janet Dyar Welch was assigned to hear just these Intoxilyzer 8000 cases.  Judge Liston is a retired judge who serves on the faculty of the National and Ohio Judicial Colleges and Capital University Law School.  She is well known and highly respected by her colleagues throughout the state. See HERE.The cases addressed the court's gatekeeper function as it relates to the...

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Ohio DUI Laws: An Overview

This post collects together in one place many of the Ohio DUI Laws that arise in drunk driving cases.   Some Ohio DUI laws are listed because law enforcement will charge these offenses to establish probable cause for pulling over your vehicle.  If you need to find out more about a specific law, or how the statute has been interpreted or applied, call Charles M. Rowland II at (937) 318-1384 or read about the specific Ohio DUI law at the Ohio DUI Law Blog.Operating a Vehicle Impaired (OVI); O.R.C. 4511.19 This is Ohio's drunk driving statute (Ohio's DUI law).  It is a...

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Ohio OVI Law: The Habitual Offender Registry

Ohio OVI law states that you  can't be a chronic alcoholic and drive in Ohio.  Ohio driver's license laws forbid the issuance of a driver's license to, or the retention of a license by, a person who is "alcoholic, or is addicted to the use of controlled substances to the extent that the use constitutes an impairment to the person's ability to operate a motor vehicle with the required degree of safety" (Ohio R.C. 4507.08(D)(1).  Such persons will be placed on Ohio's Habitual Offender Registry.If you have an OVI conviction after September 30, 2008 and you have four or more prior OVI (or equivalent) convictions in...

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OVI Breath Tests: Faulty Assumptions

Why do Ohio OVI attorneys question OVI breath tests? Each of our lungs contain about 300 million small air sacs called “alveoli” that are responsible for the air exchange that keeps us alive.  In the alveoli, oxygen from the inhaled air is exchanged for carbon dioxide.  Air finds its way to the alveoli via the trachea which divides into the two main stems (bronchi) of the lungs.  From there, the air passes through sub-bronchi that may subdivide over 23 times.  As the air is passing through the lungs it passes over a rich layer of mucus which warms and humidifies...

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