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DUI Law

Gas Chromatography Mass Spectrometry (An Overview)

To fully comprehend the processes of chemical testing, your DUI attorney should understand gas chromatography - mass spectrometry. Gas chromatography mass spectrometry (hereinafter GCMS)  is a method that combines the features of gas-liquid chromatography and mass spectrometry to identify different substances within a test sample.  GC-MS has been widely heralded as a "gold standard" for forensic substance identification because it is used to perform a specific test.Ohio Administrative Code 3701-53-03(A) sets forth the techniques and methods for determining the concentration of alcohol in blood, urine and other bodily substances.  Pursuant to that rule, Ohio allows for testing including gas chromatography and enzyme assays.  The GCMS instrument is...

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Dayton’s Red Light & Speed Cameras: Where Are They?

In 2003, the City of Dayton installed its first "SafeLight" public safety photo enforcement cameras to help reduce accidents at key intersections in the City by detecting vehicles running red lights.  Today, 20 red light cameras are in use at 10 intersections. Locations with SafeLight (Red Light) Public Safety Cameras:S. Smithville Rd. @ Patterson Rd. W. Third St. @ Edwin C. Moses Blvd. Troy St. @ Stanley Ave. Stanley Ave. @ Valley St. Third St. @ James H. McGee Blvd. Gettysburg Ave. @ Cornell Dr. Main St. @ Hillcrest Ave. US 35 @ Abbey Ave. Salem Ave. @ North Ave. Salem Ave. @ Hillcrest Ave.Locations with Speed Enforcement Public Safety Cameras:S....

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Ohio OVI Law: Impairment by Drugs

Ohio is making the transition to using the Drug Recognition Expert protocol in apprehending and prosecuting impaired drivers.   DRE refers not only to the officers themselves, but to the 12-step procedure that these officers use. DRE was developed by police officers from the Los Angeles (California) Police Department. In 1979, the Drug Recognition program received the official recognition of the LAPD.  On October 22, 2010, Ohio became the 48th state to be accepted into the International Association of Chiefs of Police's (IACP) Drug Evaluation and Classification Program (DECP).Once approved by the IACP's DECP Highway Safety Committee, Ohio was eligible to provide the DRE...

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DUI Science and Blood Contamination

The practice of modern DUI law involves understanding the various scientific tests that have become commonplace in forensic collection and storage of specimens for alcohol analysis.  Specifically, DUI attorneys must understand that contamination can increase the concentration of ethanol in a specimen.  Typically, contamination takes one of two forms.  The first is straight-forward physical contamination which may manifest itself before, during or after collection.  The second form of contamination occurs when microorganisms contaminate a sample and produce ethanol in the sample thereby falsely inflating the amount of ethanol therein.  This article will focus on the physical contamination that may cause...

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They Are Listening To Us – Act Now!

Last Friday I received a call from State Representative Rick Perales regarding the pending bill regarding red-light/speed cameras now before the Ohio legislature.  Representative Perales is a freshman Representative elected to Ohio's 73rd District which includes Greene County.  I cannot say how much I was impressed with his grasp of the issue and his acknowledgement of the  myriad problems raised by allowing these cameras to ticket people without due process protections.  Though not a lawyer by training, he is fully aware of all of the legal concerns at the heart of this issue and acknowledged the arguments that opponents of...

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Dayton OVI: OVI Breath Test Defenses

This article will highlight OVI breath test defenses available to people in Ohio.  As we have extensively written on the topic of OVI breath test defenses, this article will direct you to some of the most popular past articles.  If you have been charged with a violation of Ohio Revised Code 4511.19 (DUI, OVI, Drunk Driving) please contact Charles M. Rowland II immediately at (937) 318-1384 or on our after-hours DUI hotline at (937) 776-2671.OVI Breath Tests & Faulty Assumptions: This article relies on information from the International Association of Forensic Toxicologists.  Specifically the Proceedings of the 27th International Meeting held in Perth, Australia on October 19-23,...

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Prior Convictions Used To Enhance An OVI

It is not uncommon for a client to choose my representation on a second, third, or fourth OVI offense.  One of the first things we check is whether or not the client was represented by an attorney in the previous convictions.  We also check to see if the prior plea had a valid waiver of counsel.  Both of these issues were addressed by the Ohio Supreme Court in State v. Brooke, 113 Ohio St. 3d 199, 2007-Ohio-1533, 863 N.E. 2d 1024 (2007), wherein the Court stated: Generally, a past conviction cannot be attacked in a subsequent case.  However, there is a...

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Ohio’s Open Container Law, O.R.C. 4301.62

[caption id="attachment_37659" align="alignright" width="199"] Open Container[/caption]It is illegal to possess in public an open container of an alcoholic beverage. Conviction of this offense carries a maximum penalty of a $150 fine. Consumption of alcohol in a motor vehicle is a fourth-degree misdemeanor with maximum penalties of 30 days imprisonment or a $250 fine or both.If you are facing an OVI (drunk driving) charge, an open container or any other alcohol-related charge, please contact Charles M. Rowland II at (937) 318-1384.Below is the full text of Ohio's Open Container Law. OPEN CONTAINER LAW  4301.62 Opened container of beer or intoxicating liquor prohibited at...

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