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DUI Law

I Was Not Read My Miranda Rights, Is That A Defense To DUI?

In Miranda v.  Arizona, 384 U.S. 436 (1966), in a 5-4 decision, the United States Supreme Court held that both inculpatory and exculpatorystatements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant was informed of the right to consult with an attorney before and during questioning and of the right against self-incrimination prior to questioning by police, and that the defendant not only understood these rights, but voluntarily waived them. This had a significant impact on law enforcement in the United States, by making what became known as the Miranda rights part of routine police procedure to ensure that suspects were informed of their rights.  Most people are...

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Bloodshot and Glassy Eyes Are Not Clues of Impairment

In almost every DUI I have encountered, the arresting officer has indicated that the alleged drunk driver had "bloodshot" or "glassy" eyes.  We challenge the officer by pointing out that he has never seen the defendant before and has no idea whether or not the defendant was engaging in activity that would logically cause bloodshot eyes (fatigue, being in a smoky environment, etc.).  This would usually end cross-examination on this issue and the officer would be able to establish an important factor in deciding whether or not to remove the driver for standardized field sobriety testing. (Phase II of the...

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License Plate Light Not Illuminated (O.R.C. 4513.05)

In Ohio, it is illegal to operate a motor vehicle without a white light illuminating the rear registration plate. See O.R.C. 4513.05.  This law is often used as a pretext for a traffic stop which allows the officer to come into contact with the motorist.  Here is a full text of the law. 4513.05 Tail lights and illumination of rear license plate. (A) Every motor vehicle, trackless trolley, trailer, semitrailer, pole trailer, or vehicle which is being drawn at the end of a train of vehicles shall be equipped with at least one tail light mounted on the rear which, when lighted,...

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Ohio DUI Blood Test: How to Win A Blood Test Case

In order to successfully defend a blood test 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 whole blood, blood plasma and/or blood serum 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.  A blood test is seen as...

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The Future of Forced Blood Draws (Missouri v. McNeely)

In what can only be seen as an overwhelming victory for the 4th Amendment, this week the United States Supreme Court decided Missouri v. McNeely which involved the issue of whether or not law enforcement can force a blood draw following a drunk driving arrest without following the warrant requirements of the 4th amendment.  In the ruling the Court sided with the defendant who had been subjected to a blood test without a warrant.  The warrantless blood draw revealed him to be nearly twice the legal limit.  Justice Sotomayor, writing for the majority held that forced extraction of a person’s blood...

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Nonstandardized Field Sobriety Tests

Ohio has adopted the three-test field sobriety protocol as set forth in the National Highway Traffic Safety Administration (NHTSA) manual for training law enforcement officers.  The three tests adopted by NHTSA all survived scientific scrutiny as being indicative of impairment.  The tests are: (1) horizontal gaze nystagmus, a test of the subject's eyes; (2)  walk & turn; (3) one-leg-stand.  The officer is trained to administer the tests in a standardized fashion and record "clues" of impairment as evidenced by the subject's performance on the tests.Often, you will encounter a circumstance where the officer employs an non-standardized field sobriety test.  These...

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Approved Breath Testing Instruments: O.A.C. 3701-53-02

Ohio Administrative Code 3701-53-02(A) sets forth the approved instruments for evidential breath testing in Ohio.   It states, (A) The instruments listed in this paragraph are approved as evidential breath testing instruments for use in determining whether a person's breath contains a concentration of alcohol prohibited or defined by sections 4511.19 and/or 1547.11 of the Revised Code, or any other equivalent statute or local ordinance prescribing a defined or prohibited breath-alcohol concentration. The approved evidential breath testing instruments are:BAC DataMaster, BAC DataMaster K, BAC DataMaster cdm; Intoxilyzer model 5000 series 66, 68 and 68 EN; and Intoxilyzer model 8000 (OH-5).O.A.C. 3701-53-02(B) lists the approved...

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How To Fight Your Dayton Photo Speed & Red-Light Ticket

We have often been asked about the procedure the City of Dayton employs to enforce its photo-enforcement scheme which encompasses both speed tickets and red-light tickets.  Here, taken from the Dayton Public Safety Photo Enforcement page is the procedure that the city has adopted.  If you need to speak to an attorney, we let you know how to contact us below. View Video of Your Violation and Pay On-Line If you receive a citation in the mail from the “SafeLight” Dayton Public Safety Photo Enforcement Program for running a red light at one of the City's “SafeLight” camera-enforced intersections can view the video...

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