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DUI Law

Ohio State Patrol To Enforce Dram Shop Laws

 Dram shop is a legal term referring to a bar where alcoholic beverages are sold. Traditionally, it referred to a shop where spirits were sold by the dram, a small unit of liquid. Dram shop laws which are designed to make business establishments liable for the injuries or damages caused by persons to whom they have sold alcohol. For example, if a bar or tavern sells alcohol to a patron, and that patron then injures someone in a car accident, the dram shop law allows the plaintiff to recover damages from the bar as well as the intoxicated person. According to Ohio’s dram shop law, persons who...

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Appellate Decision: Rules (as written) Don’t Apply

A recent 10th District Court of Appeals decision in State v. Castle, 2012-Ohio-6028, decided on an interpretation of the Ohio Administrative Code that will allow the government to use both a BAC DataMaster or any other approved device to prosecute drunk driving cases in Ohio.  The court determined only the limited issue of whether the issuance of an operator access card under Ohio Adm.Code 3701-53- 09(D) prohibits the operator from performing breath tests using an instrument for which the operator also has been issued either an operator or senior operator permit under Ohio Adm.Code 3701-53-09(B)."The BAC DataMaster and Intoxilyzer 8000 are...

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Drunk Driving Deaths At Record Low (by DaytonDUI)

Drunken-driving deaths fell to a record low last year, according to data released by the U.S. Department of Transportation's National Highway Traffic Safety Administration (NHTSA). Fatalities in crashes involving drunken drivers declined 2.5 percent to 9,878 from the previous year and are down 53 percent since first measured in 1982.“This new data is encouraging, especially as we approach the holiday season when it is so important that we promote responsible drinking,” Beer Institute President Joe McClain said in a prepared statement. “We recognize that even with these record lows, more work remains to be done. Brewers and beer importers are committed to...

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Do Not Pay Your Reinstatement Fee! (by DaytonDUI)

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 take a...

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How To Pay Your Ticket In Dayton (by DaytonDUI)

 If you receive a ticket in the jurisdiction of the Dayton Municipal Court, you can pay the ticket on-line, in person or by mail.Pay your fine online at www.paymyfine.org with a VISA or MASTERCARD. Traffic Tickets will be in the system within five (5) business days. Electronic parking tickets will be available for online payment within 12 hours of issuance. Handwritten parking tickets will be available for online payment within two business days of issuance.Pay in person between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday report to the Dayton Montgomery County Courts Building at 301 W. Third St.,...

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Can A Defendant Waive A Jury Trial In Ohio? (by DaytonDUI)

Controversial Jury Bill Dies In Committee Ohio is one of 21 states that give the power to decide whether or not to have a jury trial solely to the defendant.  Thus, a defendant can, at any point, decide against a jury trial and opt for a trial only to the judge.  This is often done in serious OVI cases wherein a technical or scientific point is the most salient point.  It is particularly apt when a defendant wants to avoid allowing the prosecution to enflame the jury with sympathetic evidence of injuries or in cases where the defendant has a lengthy...

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Eleventh District Court of Appeals Upholds State v. Vega

When you are accused of a DUI/OVI in Ohio, the breath test machine is presumed to be perfect.  What is more, your attorney cannot challenge presumed flaws in the machine or the weakness in the science supporting the machine.  Such challenges are limited by a 1984 Ohio Supreme Court ruling (State v. Vega) holding that once the Ohio Department of Health certifies a machine, it becomes valid and the defendant loses the ability to argue defenses based on the underlying science of the machine.  This author has made it a long-standing goal to fight this case and has done so for...

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MADD’s Legislative Agenda Moving Forward

As we have long warned in this blog, MADD and its allies in government are working hard to implement harsh measures that will test every person who gets into a car without their consent for alcohol impairment.  Yesterday,  the National Transportation Safety Board has officially urged every state to "require all convicted drunken drivers, including first-time offenders, to use devices that prevent them from starting a car’s engine if their breath tests positive for small (non-impairing) levels of alcohol."  This would require a legislative change in Ohio OVI law which now requires such devices only for multiple offenders.The board also urged...

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Is The Smell Of Alcohol Enough To Justify Field Sobriety Testing?

Standardized Field Sobriety Tests: Is Smell Enough? Some Ohio courts have upheld determinations that the mere presence of a moderate to strong odor of alcohol, coupled with a proper initial stop, is sufficient to justify the administration of field sobriety tests. See, e.g., State v. Tackett, 2d Dist. No. 2011-CA-15, 2011-Ohio-6711 (“[t]his court has, however, repeatedly held that a strong odor of alcohol alone is sufficient to provide an officer with reasonable suspicion of criminal behavior”). See also State v. Schott, 2d Dist. No. 1415, 1997 Ohio App. LEXIS 2061 (May 16, 1997); State v. Haucke, 2d Dist. No. 99 CA...

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