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DUI Law

Ohio DUI Law: Crossing Jurisdictional Lines

Suppose a person sits at a bar in Richmond, Indiana listening to John Mellencamp on the juke box and drinks to a point where he exceed the .08% BAC limit in Indiana.  The person then gets in his car and drives from Richmond, Indiana into Ohio.  While in Ohio and still in excess of the .08% BAC limit he drives through Eaton, Preble County, Ohio.  Leaving Enon, the driver is noticed by a citizen who alerts the Enon Police Department and the Ohio State Highway Patrol about erratic driving and "Jack & Diane" being played very loudly in violation of...

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Driving Under The Influence of Google Glass

Distracted driving has drawn the attention of lawmakers.  Google Glass, the new product expected to be the next "big" thing, has been targeted as making us a nation of distracted drivers.  People who have never seen, let alone used, Google Glass are prepared to ban the product and strengthen laws against distracted driving.  The Ohio State Highway Patrol puts information about distracted driving on it's website in a Distracted Driving Bulletin.They cite the following statistic: In Ohio, there were 31,231 crashes that were caused by distracted driving from 2009 to 2011. This includes 74 fatal crashes and 7,825 injury crashes.  Ohio...

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Dayton DUI Answers The Question, “Should I Blow?”

To blow or not to blow, that is the question.  DUI attorney explains how the Breathe test affects your case in this video and whether to blow or not to blow.   Unfortunately, the answer is "maybe" and involves a very complicated investigation of the facts of your case and your personal history.  You should NEVER refuse the test without understanding how a refusal would affect YOU.  No attorney can know all of the circumstances of your arrest and your personal history, always ask to speak to an attorney when making this decision.Can you answer "TRUE" to ALL of the following questions? If so,...

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The Wright State Three-Day Weekend Intervention Program (by DaytonDUI)

Information about the Wright State University Weekend Intervention Program can be found at their web site [HERE], or by contacting the Director:  Phyllis Cole, M.A., Director Center for Interventions, Treatment and Addictions Research 110 Medical Sciences Building Wright State University Boonshoft School of Medicine 3640 Colonel Glenn Highway Dayton, OH 45435(937) (937) 775-3050 Fax: (937) 775-2629 E-mail: wip@wright.edu You can also access PROGRAM DATES, get on-line REGISTRATION FORMS, learn the RULES & REGULATIONS, get DIRECTIONS to the W.I.P. program, and learn WHAT TO EXPECT. Here are some frequently asked questions about the Wright State Weekend Intervention Program.Is the WIP like jail? No, WIP isn't like jail. Ohio's drunk driving law is a...

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Click It Or Ticket Kickoff

The Clark County Safe Communities Coalition, local, federal and state law enforcement agencies will unite to kick-off the Click It or Ticket National Campaign.  This mobilization will run from May 20 to June 2, 2013 and cover the heavily traveled Memorial Day holiday.  Law enforcement agencies across the country are prepared to ticket anyone not buckled up….no warnings and no excuses.  Click It or Ticket.  You should expect increased traffic enforcement throughout Ohio especially along the interstates during this period of time.  You can also expect to hear the Click It or Ticket radio and television commercials a few hundred...

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Red Light Cameras – Let Your Voice Be Heard To Ban Them Forever

The followers of Dayton DUI on Facebook, Twitter and Google+ and loyal followers of this blog have listened to me complain about red-light cameras and speed cameras in Ohio for over three years.  I have urged you to contact your local representatives and to let your opposition be known.  We are now in the final push and our concerns are being heard!Ohio's 130th General Assembly has introduced House Bill 69, which would eliminate red light cameras and speed cameras throughout Ohio.  The proposal reads, in pertinent part, “No local authority or the state highway patrol, utilizing either its own employees, those...

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Ohio DUI Law: How To Fight A Urine Test

In order to successfully defend a urinalysis case, a DUI defense lawyer must be familiar with Ohio's DUI law (O.R.C. 4511.19) and the Ohio Administrative Code sections which apply to the collection, storing, transporting and testing of the urine specimen.  Amphetamine, cocaine, heroine, Marijuana, Methamphetamine, Phencyclidine and L.S.D. are specifically mentioned in Ohio's DUI/OVI statute as illegal controlled substances. The law states how much of each substance must be detected in a chemical test of urine, whole blood, blood plasma, and/or blood serum in order to sustain a charge.  While less reliable than a blood or breath test, the urine...

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Will Ohio Lower The Legal Limit for OVI?

Visit NBCNews.com for breaking news, world news, and news about the economy As this site has been warning, MADD and friends at the NTSB have been pushing to lower the legal blood alcohol concentration from .08% to .05%.  Today, the National Transportation Safety Board voted to recommend to states that they lower the blood-alcohol content that constitutes drunken driving.  Currently, all 50 states have set a BAC level of .08, reflecting the percentage of alcohol, by volume, in the blood. If a driver is found to have a BAC level of .08 or above, he or she is subject to arrest...

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Blood Contamination & Candida Albicans (by DaytonDUI)

If a blood sample is not properly preserved it can decompose.  One of the results of decomposition is the creation of alcohol.  According to Lawrence Taylor in his seminal Drunk Driving Defense, 6th Ed., pp. 561, "Ethyl alcohol is generated by fermentation of carbohydrates and proteins in the blood sample.  This occurs through the actions of various microorganisms.  The simplest and one of the most common processes is the breakdown of enzymes by one of various species of the yeast Candida, such as Candida albicans."  The results of the fermentation in the blood vial is dramatic.  For example, a blood...

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Driving Privileges: Hard Time

15 days if you took the test, 30 days if you did not (First Offense)If you are stopped for an OVI, DUI or drunk driving and you refuse to take a chemical test (breath, blood or urine), or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC), the police officer can and will take your driver’s license on the spot causing your drivers license to be suspended immediately.  This pre-conviction suspension is called the ADMINISTRATIVE LICENSE SUSPENSION. The ALS is a suspension imposed by the Ohio Bureau of Motor Vehicles and not a suspension imposed by the court.  A court may not grant...

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