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DUI Law

Your Ohio BMV Reinstatement Fee

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...

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Ohio’s High School Drop Out Suspension

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...

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Affirmative Defenses for Prescription Drug OVI Charges in Ohio

Did you get a prescription drug OVI?  Do you have a valid prescription?Ohio and the Ohio State Highway Patrol have made enforcement of DUI laws against illegal and prescription drugs a priority.  Throughout the state, this means that you now face arrest if you are taking many common prescription medications.  Given that upwards of 70% of Americans are taking a prescription medication, you need to know your rights.Ohio provides an affirmative defense to an impaired driving charge if you have both a valid prescription from an authorized professional and you were taking your medication according to the directions provided. R.C....

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How To Cheat On The Finger To Nose Test

The finger to nose test is making a comeback.  In 1977, a study was conducted by the National Highway Traffic Safety Administration wanted to see if the tests being conducted by police officers were actually indicative of impairment.Marcelline Burns and Herbert Moskowitz conducted laboratory evaluations of several of the tests that were most frequently-used by law enforcement officers at the time (Burns and Moskowitz, 1977). In addition to a variety of customary roadside tests (e.g., finger-to-nose, maze tracing, backward counting), the researchers evaluated measures of an autonomic reaction to central nervous system depressants, known as Horizontal Gaze Nystagmus.Out of the...

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

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...

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Rowland To Train As Drug Recognition Expert

Later this month, Charles M. Rowland II will receive certification in the latest techniques of the Drug Recognition Expert protocol now being used across the nation.  Rowland will be among the first attorneys in Ohio to receive this certification which will make him uniquely suited to defend drives accused of driving while impaired by illegal or prescription drugs."More and more, we are seeing an increase in drug trafficking cases. The Ohio State Highway Patrol has become much more aggressive in using a traffic stop as a pretense to do an extensive search for illegal drugs," Rowland said.  These stops frequently...

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Dayton Red Light Camera Program Is Illegal

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...

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Changes To Drug Schedule Affect Hydrocodone

Drug Schedules Changing For Some Hydrocodone CombosOn October 6th the DEA rule switching"hydrocodone combination products" like Lortab and Vicodin from schedule III to schedule II came into effect.  The rule was passed to curb abuse and encourage patients and prescribers to consider alternative ways to deal with pain.  Previously, these drugs were regulated as Schedule III drugs. Common hydrocodone combinations are used as pain relievers, cough suppressants and enhance the benefits of other drugs like acetaminophen or cough/cold medicines.  We are familiar with the brand names like Vicodin, Lortab or Tussionex.  As schedule III drugs, a prescriber could write up to 5 refills...

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DUI Law Update: MADD Gets Its Cake And Eats It Too!

This DUI law update sets forth an alternate interpretation of MADDs attempt to pass Annie's Law.  Is it possible that MADD has seen the error of its ways and is seeking to do damage control?  The most common complaint about DUI enforcement in the State of Ohio concerns the ability of a police officer to seize your license and prevent you from driving for 15 or 30 days (first offense) before you are even taken to court.  We often hear a shocked response of, "What about innocent until proven guilty?"  Is this criticism causing MADD to look for a different...

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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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