19 July

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DaytonDUI Will Be Sporting Superman Plate; Will You?

Beginning in October, Ohio drivers will be able to put the iconic Superman symbol on their cars. The long-awaited design was included in the recently passed Ohio budget and will be available during the 75th anniversary of the debut of “Action Comics No. 1,” the first appearance of Superman, who was created by Clevelanders Jerry Siegel and Joe Shuster. "Originally, the license plate would have contained the legend, “Ohio: Birthplace of Superman,” but DC Comics and its parent company, Time-Warner, objected to the term insisting that Superman was born on Krypton. After some discussion, “Truth, Justice and the American Way” was...

11 July

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OVI Case Law Update: State v. McMahon

Posted by Dayton DUI

in DUI Law, DUI Process

In State v. McMahon, 12TRC-34824B, the city of Cincinnati appealed a ruling which granted a motion to suppress. The trial court suppressed the results of McMahon’s breath test after determining that the director of health had not promulgated the necessary requirements under R.C. 3701.143 for obtaining the access card required for operation of an Intoxilyzer 8000 machine.The issue for appeal was whether the trial court correctly found that the director of health had failed to promulgate the qualifications required for the issuance of an access card to those seeking to operate an Intoxilyzer 8000 machine. Pursuant to R.C. 3701.143, the director...

28 June

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Ohio’s First Post-McNeeley Blood Draw Case

Posted by Dayton DUI

in DUI Law, DUI Process

In State v. Hollis, 2013-Ohio-2586, the Fifth Appellate District was faced with an appeal of a decision from the Richland County Common Pleas Court. The case was the first forced blood draw decision following the United States Supreme Court ruling in Missouri v. McNeeley, which held "that in drunk-driving inves- tigations, the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant. The decision of the court used the previous rules for exigent circumstances as set forth in Schmerber v. California and does not address or rely upon...

24 June

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OVI Law: You Don’t Need A Turn Signal When Going Straight

Posted by Dayton DUI

in DUI Law, DUI Process

Ohio v. Paseka, 2013-Ohio-2362On December 29, 2011, Cory Paseka was traveling westbound on Lima-Sandusky Road in Erie County when he came to a fork in the road. He continued straight on Lima-Sandusky Road and did not veer to the left which would have put him on Wahl Road. An officer proceeded to stop Paseka for a violation of O.R.C. 4511.39 (failure to use a turn signal) which states,"No person shall turn a vehicle...

19 June

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OVI or DUI (Which is right?)

Posted by Dayton DUI

in DUI Law, DUI Process

The current version of Ohio's impaired driving law is O.R.C. 4511.19, is entitled "Operating vehicle under the influence of alcohol or drugs - OVI." This is the same offense which is also known as DUI (driving under the influence), OMVI (operating a vehicle impaired), DWI (driving while intoxicated) or drunk driving. The Ohio General Assembly changed the acronym to connote the broadening of the law from simply alcohol impairment to any drug (or condition?) which may impair. The term "operate" also has a broader definition than that of "driving." For example, if a driver is found behind the wheel of...

17 June

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Bears In The Air: OSP To Target Distracted Drivers

Posted by Dayton DUI

in DUI Law, DUI Process

If you are driving distracted this week watch out! The Ohio State Highway Patrol will be joining forces with other members of the 6-State Trooper Project for a distracted driving enforcement and awareness effort June 16 – 22 in an effort to reduce distracted driving related crashes and raise awareness about the dangers distracted driving creates. The Patrol’s aviation section will assist road troopers from the air by focusing on crash causing violations that may be caused by distracted driving, including; aggressive driving, marked lanes violations, following too closely and driving left of center. This effort dove tails with the continuing national...

10 June

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Dayton DUI: Don’t Pay Your Reinstatement Fee Until Your Case Is Over…

Posted by Dayton DUI

in DUI Process

Charles M. Rowland II may be able to get your reinstatement fee lowered from $475.00 to $40.00. Whether or not he can do this is not decided until the end of the case. So Don't Pay Right Away! In Ohio, any person who operates a vehicle within the state of Ohio is legally presumed to have given his or her consent to a chemical test of their blood, breath, or urine to determine alcohol content if arrested for OVI (drunk driving). According to Ohio Revised Code 4511.191, if probable cause exists to believe that you are operating a vehicle while impaired (commonly called a DUI) and you refuse to...

29 May

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Driving Under The Influence of Google Glass

Posted by Dayton DUI

in DUI Process

Distracted driving has drawn the attention of lawmakers. Google Glass, the new product expected to be the next "big" thing, has been targeted as making us a nation of distracted drivers. People who have never seen, let alone used, Google Glass are prepared to ban the product and strengthen laws against distracted driving. The Ohio State Highway Patrol puts information about distracted driving on it's website in a Distracted Driving Bulletin.They cite the following statistic: In Ohio, there were 31,231 crashes that were caused by distracted driving from 2009 to 2011. This includes 74 fatal crashes and 7,825 injury crashes. Ohio...

22 May

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Dayton DUI Answers The Question, “Should I Blow?”

Posted by Dayton DUI

in DUI Process

To blow or not to blow, that is the question. DUI attorney explains how the Breathe test affects your case in this video and whether to blow or not to 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.Can you answer "TRUE" to ALL of the following questions? If so,...

20 May

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Click It Or Ticket Kickoff

Posted by Dayton DUI

in DUI Process

The Clark County Safe Communities Coalition, local, federal and state law enforcement agencies will unite to kick-off the Click It or Ticket National Campaign. This mobilization will run from May 20 to June 2, 2013 and cover the heavily traveled Memorial Day holiday. Law enforcement agencies across the country are prepared to ticket anyone not buckled up….no warnings and no excuses. Click It or Ticket. You should expect increased traffic enforcement throughout Ohio especially along the interstates during this period of time. You can also expect to hear the Click It or Ticket radio and television commercials a few hundred...

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