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Is It Time For Legalization of Marijuana?

Image via Wikipedia Wondering if you can get an OVI from Marijuana? Watch the Video. With the Obama administration's decision not to prosecute medicinal marijuana dealers and users, even though they violate federal law, the country is "probably in the process now of legalizing marijuana," conservative columnist George F. Will said today.Speaking on ABC's "This Week with George Stephanopoulos," Will compared what has been happening with marijuana with the gradual changes in laws regarding alcohol, gambling and even prostitution. "We have legalized gambling in this country over two generations. It used to be considered a sin and a crime. With no national debate,...

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Ohio Supreme Court Criminalizes Breath Test Refusals (State v. Hoover)

The Supreme Court of Ohio last Wednesday voted 4-3 to impose criminal sanctions for the first time on a motorist exercising his right to refuse to submit to warrantless testing after being accused of driving under the influence of alcohol (DUI). Until recently, the only sanction imposed for such refusal was administrative. The decision came down in the case of Union County resident Corey Hoover who had been pulled over by Deputy Kelly S. Nawman on September 8, 2006. Nawman testified that Hoover's tire crossed over the center line of the road, that he smelled of alcohol and that he performed...

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Ambien and Sleepwalking/Sleep Driving Risk

Image by stirwise via FlickrTuesday, March 14, 2006 (http://www.washingtonpost.com/wp-dyn/content/article/2006/03/13/AR2006031301315.html)· Sleep researchers have reported an unusual number of incidents of sleepwalking in people taking Ambien, the top-selling sleep aid in the U.S. The Food and Drug Administration has received similar reports. Some incidents involve eating or driving while asleep; some have led to criminal charges. No conclusive link between the drug and the incidents has been established.· Ambien maker Sanofi-Aventis says the side effect is rare and the medication is safe and effective when used as directed. The label strongly cautions patients not to use alcohol while taking the drug.· Sleep...

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DUI Enhancements Upheld by Ohio’s High Court

[caption id="" align="alignright" width="300"] Image via Wikipedia[/caption]2007-2295.  State v. Hoover, Slip Opinion No. 2009-Ohio-4993. Union App. No. 14-07-11, 173 Ohio App.3d 487, 2007-Ohio-5773.  Judgment affirmed in part and reversed in part. Lundberg Stratton, O'Connor, Lanzinger, and Cupp, JJ., concur. Moyer, C.J., and Pfeifer and O'Donnell, JJ., dissent. Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-4993.pdf(Sept. 30, 2009) The Supreme Court of Ohio today upheld as constitutional a state law that imposes 10 additional days of mandatory jail time on a driver with a prior DUI conviction if that person refuses to take a chemical test after being arrested for a subsequent DUI violation. The Court’s 4-3 majority decision, authored by...

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Reckless Operation

The statutory definition of reckless operation can be found at Ohio Revised Code Section 4511.20 which states: 4511.20 Operation in willful or wanton disregard of the safety of persons or property.(A) No person shall operate a vehicle, trackless trolley, or streetcar on any street or highway in willful or wanton disregard of the safety of persons or property. (B) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to...

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TOO FAR: Forced Catheterization in DUI!

[caption id="" align="alignright" width="144" caption="Image by vvanhee via Flickr"][/caption]ABC 25, WPBF is reporting that a man is suing after a police officer went over the line in a DUI arrest.  According to reports on WLWT the man, Jamie Lockard, 53, was arrested in Lawrenceberg, Indiana (home to Hollywood Casino) on suspicion of drunk driving.  He blew under the legal limit, but that was not enough for officer Brian Miller who obtained a search warrant and went to the hospital where Lockard was strapped to a gurney and forcibly catheterized.  His blood was also ...

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Drug Abuse Resistance Education (DARE) is Ineffective

Image by heraldpost via FlickrBy David J. HansonThe Drug Abuse Resistance Education program is used in nearly 80% of the school districts in the United States, in 54 other countries around the world, and is taught to 36,000,000 students each year. Therefore, it’s important to know if this highly popular program is effective in reducing alcohol and drug use. The Effectiveness of DARE Scientific evaluation studies have consistently shown that DARE is ineffective in reducing the use of alcohol and drugs and is sometimes even counterproductive -- worse than doing nothing. That's the conclusion of...

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DUI and Mental Health

[caption id="" align="alignright" width="210" caption="Image via Wikipedia"][/caption]A study posted on www.sciencedirect.com, (direct link below) raises concerns that many who go to court-ordered alcohol counseling following a DUI conviction are not have other legitimate mental health issues addressed.  As part of a larger study to investigate the impact of sanction conditions on probation outcomes, "233 patients were screened for psychiatric conditions  and compared the findings with the psychiatric conditions identified during mandatory treatment by independent treatment providers. Adjusted rates of underdiagnosis were commonly high: 97.2% of bipolar disorder cases, 67.5% of major depression cases,...

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Ohio Speed Traps Amongst Worst

The National Motorists Association (NMA) released its list of the top seven locations to avoid over the Labor Day holiday.  This year, the drivers' rights group highlighted areas where heightened use of automated ticketing machines threaten those who are just passing through.Chicago, Illinois The Windy City's network of red light cameras operated by a for-profit Australian company, combined with short yellow warning times at intersections, has already generated $110 million worth of tickets. The city plans to double the installations and push the total impact of all taxes and fines on ...

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