02 October

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War On Drunk Driving! Are the Warriors Using Gaslighting?

Ohio's War On Drunk Driving Includes Gaslighting? All is fair in love and the war on drunk driving. In the 1944 film Gaslight, Ingrid Bergman's character Paula Alquist Anton meets and marries the charming Gregory Anton played by Charles Boyer. The husband does everything in his power to isolate his wife from other people. He allows her neither to go out nor to have visitors, implying that he is doing so for her own good, because her nerves have been acting up, causing her to become a kleptomaniac and to imagine things that are not real. On the one occasion when...

05 September

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Presumption of Innocence? Not For OVI

Posted by Dayton DUI

in DUI Law

The History of The Presumption of Innocence The presumption of innocence, Ei incumbit probatio qui dicit, non qui negat.It is the principle that one is considered innocent unless proven guilty. It dates back to the very foundations of western jurisprudence. The sixth century Digest of Justinian provides, as a general rule of evidence:"Proof lies on him who asserts, not on him who denies."The presumption requires that the prosecution has the obligation to prove each element of the offense. They must prove each beyond a reasonable doub. The accused bears no burden of proof. This is often expressed in the phrase innocent until proven...

09 August

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Military DUI? Who Will Punish You?

Posted by Dayton DUI

in DUI Law, Uncategorized

If you get a military DUI you can be punished by three different (and overlapping) authorities. The first potential punishment comes from the civilian courts. It includes a loss of driving privileges, fines, incarceration and other possible penalties. Typically, these punishments occur after being stopped on suspicion of drunk driving while outside the military base. In addition, the military cannot administer action under the UCMJ for the same offense if you are being charged by civilian authorities. This applies regardless of the outcome of the civilian case. This blog has a section devoted to the various punishment and their consequences.Read our...

17 July

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Dayton DUI – DUI Expungement

Posted by Dayton DUI

in Case Law, News

DUI Expungement No DUI expungement under Ohio law? One of the reasons I am proud to defend DUI cases, is that these cases are unduly stigmatized. For example, if you punch someone in the nose your friends will say, "Wow, what happened?" If, however, you say you were charged with a DUI, they will say, "Oh, I'm sorry." It is this assumed guilt that is like no other criminal offense. It erodes at our Constitutionally guaranteed right to be presumed innocent.What makes this presumption particularly frustrating is that DUI cases are notoriously hard for the prosecution to prove. An experienced attorney can find...

07 July

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Drugged Driving – Dude, I’m Injured Not Stoned

Posted by Dayton DUI

in Drugs & Alcohol

DRUGGED DRIVING - IS THIS PERSON INJURED OR STONED? When a law enforcement officer comes upon a crash scene he or she may suspect illicit drug use. Their training, the National Highway Traffic Safety Administration manual and common sense dictate that no suspicion of drug use be assumed without evidence. When a case involves medical problems, a drug investigation (DRE, drug recognition expert evaluation) should not be performed. This is the rule per NHTSA. The government wants to avoid confusing possible drug use with the observations really being medical issues. Where the NHTSA manual states in a situation like this, "your primary...

19 June

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College OVI Rules – Top Ten Rules for Partying in Ohio

Posted by Dayton DUI

in DUI Law, Ohio Criminal Law

Don't get a college OVI. It will follow you for the rest of your life. DaytonDUI offers college students these rules for partying (legally) in Ohio. Rule #1: No College OVI -Don't Drink and Drive Ohio has some of the most stringent college OVI laws in the county. A first-time offender faces 180 days in jail and a one thousand seventy-five dollar fine, loss of their driver's license for up to three years and enhanced penalties upon subsequent convictions. A DUI (called an OVI in Ohio) is not subject to expungement, meaning it will be on your record forever, and subjects an...

14 June

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Marijuana Extracts -What Are They?

Posted by Dayton DUI

in Drugs & Alcohol

Marijuana Extracts Marijuana extracts are a newly popular method of use is smoking or eating different forms of THC-rich resins called. Smoking THC-rich resins extracted from the marijuana plant is on the rise. Users call this practice dabbing. People are using various forms of these extracts, such as:hash oil or honey oil—a gooey liquid wax or budder—a soft solid with a texture like lip balm shatter—a hard, amber-colored solidThese extracts can deliver extremely large amounts of THC to users, and their use has sent some people to the emergency room. Another danger is in preparing these extracts, which usually involves butane...

05 June

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Why Wasn’t I Mirandized?

Posted by Dayton DUI

in DUI Law

You were not given Miranda warnings because the officer did not take you into custody...

01 June

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What is the Legal Limit in Ohio?

Posted by Dayton DUI

in DUI Process

What Is The Legal Limit In Ohio? Driving with a prohibited concentration of alcohol in your blood breath or urine is a separate offense under Ohio law. If you have ever heard anyone refer to "blowing above a .08" they are referring to the most common test administered by law enforcement today, the breath test. Revised Code section 4511.19 sets forth the elements of Ohio’s tough OVI law. In Ohio, the legal limit for persons 21 and over is any of the following:.08 or more by weight of alcohol in blood; .08 of one gram or more by weight of...

31 May

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Failure to File a Crash Report (O.R.C. 4503.06)

Posted by Dayton DUI

in DUI Law

Failure to File a Crash Report You have just been involved in a motor vehicle accident. What should you do? Ohio law says a Failure to File A Crash Report is a violation of law.Ohio Revised Code, 4509.74 Prohibition against failure to report accident says: (A) No person shall fail to report a motor vehicle accident as required under the laws of this state.(B) Whoever violates this section is guilty of a minor misdemeanor. By law, you are required to report the accident within six (6) months. Failure to file a crash report is not something we frequently encounter. Because, an arrest for...

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