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DUI Law

Ignition Interlock Devices For Everyone – We Warned You!

H.B. 469 (Annie's Law) presented at the Ohio Statehouse on Thursday will require an ignition interlock device  be installed on the vehicle of all convicted drunk drivers, including first-time offenders.  Ohio law currently prescribes "blow to go" devices for repeat drunk driving offenders, but not on a first offense.  We have longed warned (previous story HERE) that this was at the top of MADD's agenda and a continuation of their desire to impose penalties on a driver before they are found guilty of an offense.  Essentially, this law is an attack on a person's presumption of innocence.  State Representatives Terry Johnson...

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Is This The End of Drunk Driving Arrests?

Will there still be drunk driving arrests in the future?  This is the question raised by Money Watch and CBS in the article about autonomous cars, "Will Your Car Be Driving Itself By 2020?"  According to the article,  "[i]t all sounds like science fiction: cars that drive themselves, navigate streets and avoid crashes. But last week Nissan said it would have such "autonomous cars" to sell by 2020. And General Motors chimed in that it may have a similar model by then."  The government is not as convinced. "The car--no matter how automated--is not yet ready to be more than a co-pilot,"...

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Possession of a Controlled Substance: Drug Possession Laws

Drug Possession, a.k.a. Possession of a controlled substance is defined in Ohio as knowingly obtaining, possessing or using a controlled substance under the Ohio Revised Code § 2925.11.  As applied to marijuana, possession of less than 100 grams (or about 3.5 ounces), giving 20 grams or less of marijuana to another person, or growing less than 100 grams of marijuana are each considered  “minor misdemeanors,” punishable by a maximum fine of $150. A minor misdemeanor is not a “jailable” offense, but a person’s driver’s license can be suspended for a period ranging from six months to five years, and a...

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MADD’s Agenda For Ohio Is Announced

Over the last decade we have learned MADD's agenda for Ohio via its "Campaign To Eliminate Drunk Driving."  Their legislative and lobbying efforts have focused on three areas.Support for high-visibility law enforcement activities Legislation requiring ignition interlocks for all convicted drunk drivers Development of automotive technologies for passive alcohol detectionMADD's agenda for Ohio includes continuing the ineffective and expensive OVI checkpoint approach that is accompanied by a large budget media campaign.  This year, MADD's agenda for Ohio included a buy-in on their media blitz to announce the new ROBOCOP movie.  As could be expected, they want to expand on this concept.MADD's agenda...

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Ohio’s Best Evidence Rule: What Does It Keep Out Of Evidence?

Ohio's Best Evidence Rule is set forth at Evid.R. 1002.  It is very similar to its' federal counterpart.  Ohio Rule of Evidence 1002 provides that,To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these rules or by statute enacted by the General Assembly not in conflict with a rule of the Supreme Court of Ohio. But also like its federal counterpart, Ohio Rule of Evidence 1004(1), Ohio's Best Evidence Rule, provides thatThe original is not required, and other evidence of the contents of a writing, recording, or photograph is admissible if...

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Alcohol Is A Central Nervous System Depressant

Alcohol is classified as a Central Nervous System Depressant for its effects on the human body.  It is listed as such for purposes of DUI investigations in the 2013 National Highway Traffic Safety Administration (hereinafter NHTSA) "DWI Detection and Standardized Field Sobriety Testing" Participant Guide. See NHTSA, HS 178 R5/13.  CNS Depressant type drugs (see below) slow down the operations of the brain, and usually depress the heartbeat, respiration, and many other processes controlled by the brain. The most familiar and ubiquitous Central Nervous System Depressant is alcohol. Other Depressants of the Central Nervous System include:• Barbiturates (such as Secobarbital (Seconal), and Pentobarbital...

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Ohio Felony DUI Law: Aggravated Vehicular Homicide

The most tragic cases we handle are cases involving a charge of aggravated vehicular homicide.Aggravated Vehicular Homicide, O.R.C. 2903.06,  is a crime that results from the death of another caused by the defendant’s operating a vehicle while impaired (a violation of R.C. 4511.19)  or while driving negligently or recklessly.  The aggravated vehicular homicide statute  encompasses driving an automobile recklessly or negligently (called Vehicular homicide) whether or not alcohol played a part in the death.  Often, defendants are indicted for multiple counts, with additional counts for each victim of the accident.Under the reckless section of the statute you will be found guilty of a...

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Forced Blood Draw In Ohio (What Happens After Missouri v. McNeeley?)

What is the status of Ohio's forced blood draw law [R.C. 4511.191] following the decision in Missouri v. McNeeley, 2013 U.S. LEXIS 3160 (2013).In Missouri v, McNeely, the United States Supreme Court ruled that a nonconsensual warrantless blood draw violates a person’s right to be free from unreasonable searches and seizures under the 4th Amendment to the Constitution. The McNeely decision raises some questions for search warrants in OVI cases. Some of the questions include (1) Did this decision invalidate the implied consent laws? and (2) Are search warrants required for every DUI arrest before a forced blood draw can be taken from...

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Where Can I Get Help? Alcohol Addiction Services at TCN-BHS

If you have been arrested for an alcohol related offense, you may consider seeking the help of alcohol addiction specialists.  We try to help our clients by giving them the tools to manage both their case and any alcohol addiction issues that are present.  To that end, Charles Rowland has served on the board of TCN-BHS, Greene County's mental health and alcohol addiction service provider. If you are struggling with an alcohol addiction, here is how to take the first step - If you are seeking a Substance Abuse Assessment, TCN-BHS offers the following Walk-In Clinics: Xenia OfficeMonday Check-in at 9:00 a.m. Wednesday Check-in...

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What is Probable Cause in an Ohio DUI Case?

To be arrested for drunk driving in Ohio, all that is needed is an law enforcement officer's determination that "probable cause" exists to believe that you are driving while impaired.  A determination of probable cause need only be supported by the officer's observations of indicia of alcohol consumption and operation of a motor vehicle.  In determining whether or not probable cause for the arrest exists a court will look at facts such as: (1) the time and day of the stop (Friday or Saturday night as opposed to, e.g., Tuesday morning); (2) the location of the stop (whether near establishments selling alcohol); (3)...

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