19 March

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DUI Expungements Still Not A Reality In Ohio

Ohio Senate Bill 143 (OH SB143) was passed in the Senate June 4, 2014, and signed by Gov. John Kasich June, 2014. The new expungement law shall become effective September 19, 2014. This follows the 2012 change to Ohio's expungement law (Ohio Senate Bill 337) which changed the requirement of “first offender” to “eligible offender,” expanding the types of convictions and how many convictions that a person can seal and expunge from their criminal record. Under the new law, even more people may be eligible for an expungement. Are DUI charges now eligible for expungement? No!Significant provisions of the new...

20 February

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Ohio OVI Blitz Along Interstate 75 This Weekend

Posted by Dayton DUI

in DUI Process

There will be an Ohio OVI blitz along Interstate 75 this weekend. The Ohio State Highway Patrol will be joining forces with other members of the 6-State Trooper Project to focus on speed, safety belt and OVI enforcement along Interstate 75. The initiative will take place from Friday, February 20 at 12:01 a.m. through Sunday, February 22 at 11:59 p.m. This high-visibility enforcement effort will include the Kentucky State Police, Michigan State Police and Ohio State Highway Patrol. The 6-State Trooper Project is a multi-state law enforcement partnership aimed at providing combined and coordinated law enforcement and security services in the...

18 February

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Driving Is A Right – Not A Privilege!

Posted by Dayton DUI

in DUI Process

Driving Is A Right - Not A Privilege!Have you ever been told that "driving is a privilege?" Bah! This author argues that case law needs to be expanded to include “driving” as a fundamental right under the First Amendment’s Freedom of Assembly. Thus, the analysis should be under the substantive due process analysis not simply under the procedural due process analysis.Because the human rights of freedom of movement, right to earn a living and the right to peaceably assemble are only capable of being maintained with a valid driver’s license, the Court should require a more rigorous standard before depriving...

04 February

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Active Duty DUI? What Law Applies?

Posted by Dayton DUI

in DUI Law, Uncategorized

If you get an Active Duty DUI charge what law applies and where will you be punished? This article (which owes a nod to John Hunsucker and the Hunsuker Legal Group, NCDD Winter Session 2015) explores where your case will be heard and what law applies.The Uniform Code of Military Justice (UCMJ) applies to all active service members and all active duty DUI cases, regardless of where a crime occurs. However, jurisdiction over DUI charges may be military, civilian or both. When both entities file charges, they often coordinate to determine which will prosecute the offense criminally. An offender cannot be tried twice...

19 January

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A Physical Control Conviction Is Not A Prior Offense

Posted by Dayton DUI

in DUI Law

Our video explains what the physical control option is and what it means for you. A physical control conviction does not count as a "prior offense" for purposes of enhancement. This principle is spelled out in case law and in statute. R.C. 4511.181 sets forth the offenses that count as prior convictions. It does not list a violation of physical control (R.C. 4511.194) as a predicate offense. It does not matter if the prior conviction was charged under R.C. 4511.194 or as a violation of a municipal ordinance. This is set forth at R.C. 4511.182(A) and in State v. Schultz, 2008-Ohio-4325...

15 January

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New Format For Ohio Drivers License

Posted by Dayton DUI

in DUI Process

Effective January 5, 2015, the Ohio Bureau of Motor Vehicles (BMV) will issue a new format of the Ohio Drivers License (DL) and Identification Cards (ID) to customers renewing their DL or ID.Visible changes to the DL and ID include: •Blue/green card in place of the salmon colored card •Laminate on front of card now contains the word “OHIO” and the year “1803” near the top of the cardIndividuals holding an Ohio Drivers License or ID printed in the old formats are still valid until the DL or ID is expired. Customers are not required to obtain a replacement DL or ID if...

06 January

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No More Dayton Cameras!

Posted by Dayton DUI

in DUI Law, DUI Process

No More Dayton Cameras - We Win! The Dayton Police Department has announced that it will STOP using traffic cameras for speed and traffic enforcement. An Ohio law takes effect March 19, 2015 that requires that a police officer witness traffic infractions at intersections where a camera is used. The city will lose all of the 20 fixed red-light and speed cameras throughout Dayton.Dayton police will continue to use three Mobile Speed Vehicles around high incident intersections to capture traffic violations. A police officer will travel with the vehicle to witness any infractions in addition to onboard cameras as is...

05 January

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Why The ALS Suspension Is Unconstitutional

Posted by Dayton DUI

in DUI Law

We are often asked how the arresting officer is authorized to take a persons' license under the ALS suspension, and whether or not this is constitutional. The dilemma presented by Ohio DUI Law is this: If I am innocent until proven guilty, how can they punish me by immediately taking my license when I am accused of DUI? This site takes the position that the current law is unconstitutional. But before we jump into the argument, it is important to understand how the current law works. If you are stopped for an OVI, DUI or drunk driving and you refuse to take a...

31 December

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New Rules In Effect For Vicodin (Hydrocodone)

Posted by Dayton DUI

in Drugs & Alcohol

Drug Schedules Changing For Some Vicodin - Hydrocodone Combos If you or someone you know takes hydrocodone, you need to know that brand new regulations went into effect Monday, which will change how you get the drug. Hydrocodone/paracetamol, hydrocodone/acetaminophen, or hydrocodone/APAP (or under brand names such as Lortab, Norco or Vicodin) is a combination opioidnarcotic analgesic drug consisting of hydrocodone and paracetamol (acetaminophen) used to relieve moderate to severe pain.The DEA rule switching"hydrocodone combination products" like Lortab and Vicodin from schedule III to schedule II was passed to curb abuse and encourage patients and prescribers to consider alternative ways to deal...

30 December

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Facial Recognition, License Plate Readers and No Accountability

Posted by Dayton DUI

in DUI Process

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...

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