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DUI Law

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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Tell Your Ohio OVI Attorney That You Are ADD/ADHD

If you are afflicted with adult ADD/ADHD make sure to raise the issue with your OVI Attorney. To be diagnosed with ADD/ADHD, a person has to demonstrate an inability to complete divided-attention testing.  In 2009, the Centers for Disease Control reported that 9.5 percent of children in the United States had ADHD, up from the previous survey.  The trend has not gone unnoticed amongst the insurance industry who reported at the 162 annual meeting of theAmerican Psychiatric Association in May 2009 that:28 percent of adult drivers with ADHD reported receiving a citation withing the prior twelve months. 34 percent reported being in an auto collision. 44...

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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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Driving Under The Influence of Drugs In Ohio

Driving under the influence of drugs is the next generation of OVI (operating a vehicle impaired) enforcement in Ohio. It has become a priority of the Ohio State Highway Patrol.  Here are some studies suggesting why they are focusing on this issue. According to the 2012 National Survey on Drug Use and Health (NSDUH), an estimated 10.3 million people aged 12 or older (or 3.9 percent of adolescents and adults) reported driving under the influence of drugs during the year prior to being surveyed. This was higher than the rate in 2011 (3.7percent) and lower than the rate in 2002 (4.7...

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The Ohio OVI Breath Test – How To Fight And Win

You may think that any person who takes an OVI breath test and blows above Ohio's .08 legal limit is guilty of OVI.  This is not the case. Watch the Video.  Ohio employs a device called the Intoxilyzer 8000.  This device has many problems in its operation.  In fact, after a lengthy hearing on the Intoxilyzer 8000, a judge in Marietta ruled that the machine was not reliable [Story HERE].  Prosecutors hide behind a 1984 Ohio Supreme Court decision that said because the machines were officially certified by the state, they cannot be challenged by expert witnesses. Until this ruling is overturned...

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Can I Get An ALS Suspension On A Physical Control Charge?

If you are found drunk in a non-moving car, you may be charged with a violation of O.R.C. 4511.194, Physical Control of an Automobile While Impaired instead of drunk driving (O.R.C. 4511.19, OVI, DUI, OMVI).  The arresting officer, on behalf of the Ohio Bureau of Motor Vehicles (hereinafter BMV), imposes an Administrative License Suspension at the time of arrest for OVI, or OVUAC when the driver refuses to take the chemical test or takes it and has an alcohol concentration in his whole blood of .08%, blood serum or plasma of .096%, breath of .08%, or in his urine of...

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Alcoholics Anonymous for Atheists?

Alcoholics Anonymous for Atheists and Agnostics? Yes, that is a thing.AA is open to people of all beliefs, but it is undoubtedly a spiritual program that asks people to have faith in certain principles. One of the most basic requirements of the program is that people believe in a higher power. The second step talks about how members came to believe that a Power greater than ourselves could restore us to sanity. While the third step describes how they made a decision to turn our will and our lives over to the care of God as we understood Him. There...

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First Time DUI Offenders Required To Install Breathalyzer

The Columbus Dispatch just published an article (see video above) about the first time DUI breathalyzer bill.  If "Annie's Law" is passed by the Ohio legislature, it will require first time offenders to put an in-car breathalyzer in their car before they will be allowed to drive.  People who are not yet convicted and presumably innocent until "proven" guilty will face yet another mandatory penalty.  The law now allows judges to order the ignition interlocks, but the House bill would make their use mandatory.  Under current law, only offenders convicted twice within six years must use the devices.  This is another example...

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Problems With The Intoxilyzer 8000: You Blew Too Much!

The Intoxilyzer 8000 measures how much breath you provide by something called a 'pressure transducer.' Instead of directly measuring the volume of your breath by a pressure switch, like the old Intoxilyzer 5000 did, the 8000 indirectly measures breath. Did you blow during an arrest? Watch this video. Not only is it needlessly complicated, it simply doesn't work! The flow sensor systems in Florida's Intoxilyzer 8000's are so unreliable that FDLE ordered that police STOP KEEPING RECORDS of the system in monthly checks. In 2011, a system-wide check showed that 40% of the machines in Florida couldn't accurately measure breath volume!...

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