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DUI Law

Boating DUI on the Water and the Return of Boating Season

With the return of the summer boating DUI season, many people will soon be enjoying Ohio's beautiful lakes and rivers.  This is a reminder that Ohio is cracking down on captains who indulge in alcohol while on the water.   Boating DUI And The LAW Boating Under the Influence is illegal in Ohio. 2001 Sub. S.B. 123, eff. 1-1-04 sought to unify the drunk driving provisions with Ohio's boating laws.   O.R.C. 1547.11(A)(1)  to O.R.C. 1547.11(A)(6) prohibit a person from operating or being in physical control of a vessel underway or manipulating water skis, aquaplanes, or similar devices while under the influence of alcohol or...

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Annie’s Law Goes Into Effect

On April 4th, Annie's Law will go into effect. Annie's Law Gets Harsh! This law is the latest in Ohio's ever harshening "war" on drunk drivers. For years, MADD and their partners at the National Highway Traffic Safety Administration have been laying the groundwork for universal ignition interlock devices. Their "DADDS" system would require every car manufactured to be equipped with sensors. If the driver attempts to start the car and has some alcohol on their breath, it does not allow the car to start.  While this is still their objective, public opinion is very against this idea.  MADD was handed a...

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No, A Physical Control Does Not Count As A “Prior Offense”

We get this Physical Control Question Quite a Bit! Answer: No! Physical Control does not count as a prior offense. What Is Physical Control?   Watch our video explanation about what the physical control option is and what it means for your case.   Physical Control (Under the Influence) [ORC 4511.194]  is a 1st degree misdemeanor traffic offense.  Because it is considered a non-moving offense, it carries zero (0) BMV points. It is defined as being in the driver's position of the front seat of a vehicle and having possession of the vehicle's ignition key while under the influence alcohol or drugs, but not actually operating...

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Medical Marijuana Rules Proposed

As frequent followers of this page, you know that the medical marijuana regulations are now being developed. Here are the highlights from the proposed rules and regulations.You can learn more about driving and Marijuana laws in this video.  Read the full list HERE.Patients wanting to use medical marijuana in Ohio's new program would have to pay a $50 annual fee for their membership card. The fee would be $25 for veterans or people who receive federal disability benefits. Caregivers and patients would register with the Ohio State Board of Pharmacy and receive an ID card to buy marijuana at retail...

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Civil Asset Forfeiture Reform Is Law (We Win!!!)

Civil Asset Forfeiture Reform Is Law In Ohio! Ohio improves the law on civil asset forfeiture. HB 347, passed the legislature and signed by the Governor, received little fanfare. However, it represents a major victory for those of us who have fought to prevent this disastrous practice.The new law will generally require a criminal conviction before seizing property under $15,000. The law also shifts the burden. When property is seized, it shifts the burden of proof from the property owner to the government. This is a huge improvement. It increases the level of proof required before seizing property.Another important aspect of the...

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Central Nervous System Depressants and Drugged Driving

CNS Depressants and Drugged Driving The category of CNS Depressants includes some of the most commonly abused drugs. Alcohol – the most familiar drug of all – is abused by an estimated 40-50 million Americans. Most Of Us DrinkSlightly more than half of Americans age 12 or older reported being current drinkers of alcohol in 2014 (52.7% of the population). This translates to an estimated 139 million people. Source: Behavioral Health Trends in the United States: Results from the 2014 National Survey on Drug Use and Health (NSDUH, September 2015)Depressants Are Widely AbusedDepressant drugs consistently rank among the most widely...

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Central Nervous System Depressants

CENTRAL NERVOUS SYSTEM DEPRESSANTS - A PRIMER The category of Central Nervous System Depressants includes some of the most commonly abused drugs. Alcohol – the most familiar drug of all – is abused by an estimated 40-50 million Americans. Central nervous system agents are drugs that affect the central nervous system i.e. the brain and the spinal cord, and produce a response that could be used to alleviate or treat a particular medical condition. Central nervous system agents can be used as analgesics, anesthetics, anti-emetics, anti-convulsants, and have many more therapeutic uses.Slightly more than half of Americans age 12 or...

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Retrograde Extrapolation: The Rising Alcohol Defense

Retrograde Extrapolation: The Rising Alcohol Defense Retrograde extrapolation is the scientific and mathematical process used by chemists and toxicologists to estimate what a person’s blood alcohol content was at a specific time based on test results obtained at a later period of time. For the DUI case, it is used to determine whether or not a driver had a BAC of 0.08 or higher at the actual time of driving based on what the BAC was at the time of testing.Typically, we encounter retrograde extrapolation in cases where the collection of blood evidence is collected hours after the act of driving...

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DUI Motion To Suppress – Appellate Challenges

DUI Motion To Suppress - Appellate Challenges There are three methods of challenging a trial court’s ruling on a DUI motion to suppress on appeal. First, an appellant may challenge the trial court’s finding of fact. In reviewing a challenge of this nature, an appellate court must determine whether the trial court’s findings of fact are against the manifest weight of the evidence. See State v. Fanning (1982), 1 Ohio St.3d 19, 437 N.E.2d 583; and State v. Klein (1991), 73 Ohio App.3d 486, 597 N.E.2d 1141.Second, an appellant may argue that the trial court failed to apply the appropriate test...

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Mandatory DUI Penalties – They Are Harsh!

Mandatory DUI Penalties We are often confronted with disbelief when we inform a recently charged person of the mandatory DUI penalties.  They are harsh! Often, a judge will not have discretion about what penalties to impose. Pleading guilty can cost you in ways you do not contemplate. It is important to speak to a good DUI lawyer.Below are the mandatory DUI penalties for a first, second and third drunk driving charge.  If you have a prior offense within 20 years and refuse an alcohol test, you get sentenced as though you had a "high-tier" result.What can you conclude? Drunk driving is a...

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