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DUI Law

Click It Or Ticket Set To Begin

Just as the swallows return every year to the Mission San Juan Capistrano, California, so to does the return spring bring us "Click -it or Ticket."  Click It or Ticket is a nationwide seat belt enforcement campaign aimed at reducing the number of highway fatalities and injuries due to non-seat-belt use. The mobilization is conducted annually by the U.S. Department of Transportation’s National Highway Traffic Safety Administration in conjunction with law enforcement agencies, State Highway Safety Offices, and traffic safety advocates.  This year the Click-it-or-Ticket kick-off will be at Dayton's Dragon Stadium at 220 N Patterson Blvd, May 14, 2012.  The Montgomery...

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DUI Science: How To Read The Correlation Studies in the NHTSA Manual

Researchers at the National Highway Traffic Safety Administration (NHTSA) have created a booklet for law enforcement called “Guide for Detecting Drunk Drivers at Night.”  This guide sets forth some of the most common and reliable indicators of drunk driving.  The list divides driving behaviors into four areas of clues that officers are trained to look for: Maintaining Lane Position, Speed and Braking, Vigilance, and Judgment.  The following is a list of symptoms in descending order of probability that the person observed is at or above a .10% BAC, thus statutorily driving while intoxicated.Turning with a wide radius Straddling center of lane marker “Appearing to be...

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Commercial Driver’s License Disqualification in Ohio

You will lose your Ohio CDL for one year if convicted of any of the following offenses:Driving any vehicle with a blood alcohol count (BAC) of 0.08% or higher Driving a commercial motor vehicle (CMV) with a BAC of 0.04% Refusing to submit to a sobriety test Leaving the scene of an accident Using the vehicle to commit a felony Driving a commercial motor vehicle (CMV) with a suspended, revoked or canceled CDL Causing a fatality through negligent drivingSerious Offenses, These violations include:Speeding 15 mph over the posted speed limit Reckless driving Improper lane changes Following a vehicle too closely Driving a CMV without holding a CDL Driving a CMV without having...

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Ohio’s Adoption of Real ID Highlights Controversy

REAL ID is a federal effort to help prevent terrorism and fraud by improving the integrity and security of driver licenses (DL) and identification (ID) cards. In order for a state to issue REAL ID compliant DL and ID cards, the state must meet a set of requirements put in place by the REAL ID Act of 2005 and must self-certify its compliance to the Department of Homeland Security (DHS).  It was supposed to be implemented by May 11, 2011.  You may remember the crisis of whether or not you would be able to get on an airplane with just your...

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Invalid Consent Leads To Exclusion Of Blood Test

If your DUI case involves an automobile accident, you may be taken to the hospital.  In this setting it is likely that an investigating officer will request a sample of your blood.  Frequently, the issue of consent will be raised.  Your Ohio DUI lawyer can challenge the validity of the consent and whether or not the consent was made knowingly and voluntarily.  These issues were recently addressed in State v. Rawnsley, 2011-Ohio-5696.On April 24, 2010, Defendant Ann Rawnsley was involved in a two-car accident which resulted in sufficient injuries that she was removed to Miami Valley Hospital by ambulance.  Injuries to...

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DaytonDUI, Defending a Breath Test Case

"I'll Huff and I'll Puff and Blow Your House Down" Did you know that your breathing pattern can significantly alter the concentration of alcohol on your evidential breath test?  According to scientific research, "[t]he subject's test manner of breathing just prior to providing breath for analysis can significantly alter the concentration of alcohol in the resulting exhalation." (Jones, 1982, Schoknecht, 1989) as cited in Physiological Aspecs of Breath-Alcohol Measurement, Alcohol Drugs & Driving Vol. 6, No. 2, A.W. Jones.Hyperventilation "...

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Driving Under Suspension in Ohio

Image via WikipediaOhio’s Driving Under Suspension (DUS) law is formidable.  The statutory scheme encompasses over 20 different types of suspensions ranging from Automatic License Suspensions for DUI offenses to suspensions for failing to purchase adequate insurance coverage. Please click on the links below for specific information. If you need additional information on Ohio’s DUS law, or if you find yourself charged with Driving Under Suspension or any of the myriad offense that require contact with the Ohio Bureau of Motor Vehicles, please contact Dayton traffic attorney Charles M. Rowland II at (937)318-1DUI [318-1384] today. Types of Suspensions in Ohio12-Points Administrative License...

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Driving While High?

[caption id="" align="alignright" width="256" caption="3D rendering of the THC molecule "][/caption]Today, 90 million Americans have the right to access medical marijuana when they are seriously ill.  Ohioans will consider the passage of a medical marijuana bill this fall.  As more states decriminalize and legalize marijuana, law enforcement is scrambling to deal with what it warns will be a dramatic increase in driving while stoned.  What can we expect?LAW ENFORCEMENT RESPONSE. Many states have adopted a specified training regimen for law enforcement officers.  This protocol allows officers to testify as to specific observations of marijuana impairment.  Drug Recognition Experts (DRE) are trained to...

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Where Are the Speed Cameras/Red-Light Cameras in Dayton?

This blog has documented the outrage caused by Dayton's adoption of speed and red-light cameras.  Today, in an article by former Montgomery County Common Pleas A.J. Wagner, the Dayton City Paper takes on the red-light and speed cameras.  As we have put forth here, the red-light and speed cameras are an affront to our presumption of innocence and a bald attempt at letting private companies make money by exploiting citizens.  The problems lie in the process.  "Once caught, a letter is mailed to the vehicle owner.  Violators are given 15 days to appeal, but never see a judge or a courtroom. About...

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Admissibility of the Standardized Field Sobriety Tests – Statutory Rules

Ohio Revised Code 4511.19(D)(4)(b) sets forth the law on admissibility of the standardized field sobriety tests in Ohio.  It reads, in pertinent part: (b) In any criminal prosecution or juvenile court proceeding for a violation of division (A) or (B) of this section, of a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, or of a municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum...

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