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DUI Law

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...

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OVI Law: The Officer Can Testify Even If He/She Was Incompetent

Imagine for a moment that you are stopped for suspicion of drunk driving.  The officer asks you out of the vehicle and begins to administer "standardized field sobriety tests."  You start to notice that the officer is unsure of himself.  Maybe he/she give contradictory instructions or stops you and tells you to do it a different way.  As the tests proceed you begin to fear that the officer does not know how to properly administer the tests.  Surely, this will not be used against you in court, right?It is the burden of the state to demonstrate the admissibility of the...

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Wrong Way Crashes and DUI

A new study commissioned on behalf of the Ohio State Highway Patrol concluded that more than half of wrong-way drivers were suspected of alcohol or drug impairment.  According to the study, 60 wrong-way collisions between January 2011 and April 2013 resulted in 31 deaths. Some notable findings in the report:> The death rate in wrong-way collisions (37 percent) was more than 100 times higher than in all crashes on Ohio roadways (0.35 percent) during the reporting period. > 57 percent of wrong-way drivers were men. > Among age groups, 23 percent were from ages of 16-25, 21 percent were from 36-45 and 21 percent...

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OVI Case Law Update: State v. McMahon

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...

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Will Jell-O Shots Help Ohio’s Economy?

At least one Ohio State Senator believes we can fuel an economic comeback on Jell-O shots. Tucked away in the Ohio budget is a proposal that Ohio allow the sale of food and confections containing alcohol.  Existing Ohio law doesn’t allow the sale of food and confections containing “intoxicating liquor" of more than one-half of 1 percent alcohol by volume.  The proposed law would revise the “ mixed beverages” definition to include solids and confections “obtained by mixing any type of whiskey, neutral spirits, brandy, gin, or other distilled spirits with water, juice, or other flavorings and that contain between one-half percent...

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Ohio’s First Post-McNeeley Blood Draw Case

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...

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

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...

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OVI or DUI (Which is right?)

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...

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Bears In The Air: OSP To Target Distracted Drivers

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...

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

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...

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