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Freeway Photo Cameras Pass Ohio’s House of Representatives

Ohio state House votes to use speed cameras to mail near $300 tickets to freeway drivers.A deeply divided Ohio House of Representatives on Thursday passed sweeping legislation that would impose new penalties on motorists, including a statewide speed camera program. State Representative Peter S. Ujvagi (D-Toledo) inserted the controversial proposals into a "must pass" $7.6 billion transportation funding measure to avoid individual discussion of the merits of the many programs rolled into the 361-page bill. Only one Republican voted in favor of Ujvagi's plan, which passed by a margin of 53-45.The ...

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Dangers of Texting Outweigh Drinking or Smoking Marijuana

Texting while Driving Even More Dangerous than Driving while Drunk or High on Marijuana Research in Great Britain has found that texting behind the wheel is more dangerous than driving while intoxicated or under the influence of marijuana (cannabis).  The study used a driving simulator with young drivers aged 17 to 24. Writing or reading text messages reduced reaction time by 35%. In comparison reaction time dropped 21% for those under the influence of marijuana and 12% for those who were legally intoxicated by alcohol.  The ability of to keep a vehicle in a lane dropped by 91% for those texting,...

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Drinking On Your Birthday

Image via WikipediaAn interested party recently asked:  If you were born at 11:00 pm, can you begin drinking on your 21st birthday at midnight or do you have to wait until 11:00 pm on your birthday?  Well, according to State v. Yarger 2009-Ohio-543, 3rd District Court of Appeals:  View Court Published Official Document, the State of Ohio does not recognize fractions of a day.  Based upon this ruling it is appropriate to serve alcohol to persons at the stroke of midnight on the date of their birth, regardless of the time of birth. Thanks...

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Ohio OVI Law: State v. Clark (fog line violation)

[caption id="" align="alignright" width="112" caption="www.OhioDUIdefense.com"][/caption]In State v. Clark (2009), 2009-Ohio-529, the Second District Court of Appeals fell in line with the Ohio Supreme Court holding that, based on State v. Mays (2008), 119 Ohio St.3d 406, 894 N.E.2d 1204, 2008-Ohio-4539, one marked lane (fog line) violation is sufficient to justify a stop.If you are charged wit a maked lanes violation, or a violation of Ohio's tough drunk driving laws, contact Charles M. Rowland II at 937-879-9542. ...

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Ohio DUI Law: State v. Bruce (Destruction of Evidence)

[caption id="" align="alignright" width="180" caption="www.OhioDUIdefense.com"][/caption]State v. Bruce (2008), 2008-Ohio-5514, is the Second District's latest "destruction of evidence" ruling.  Here, the court granted a motion to provide the blood sample to the Defendant's expert.  The lab was not copied on this order.  The 2nd District held that the State did show substantial compliance with the Ohio Administrative Code and the fact that the lab destroyed the blood after the Court granted an Order to provide a specimen of blood to defendant's expert. The court found that there was no bad faith in the destruction...

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Ohio DUI: A Little Drift Justifies a Stop (State v. Mays)

Image via WikipediaThe Supreme Court of Ohio ruled last September that a momentary drift a few inches over the white line at the edge of the road is sufficient grounds for a police officer to pull over an otherwise safe driver. The ruling upheld the conviction of Christopher Mays who had been stopped by a state trooper on Route 16, a four-lane highway near Newark, on March 26, 2006."The question of whether appellant might have a possible defense to a charge of violating R.C. 4511.33 is irrelevant in our analysis of whether an officer has a reasonable and...

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DUI Science: The Fallacy of the Average Person

One of the greatest sources of error in blood-alcohol testing is consistently recurring fallacy that the individual tested is perfectly average in certain critical physiological traits. Put another way, obtaining an accurate blood-alcohol reading is completely dependent on the validity of a number of scientific assumptions. Unfortunately for the person being tested, these assumptions are usually incorrect: The person tested is rarely "average" in even one of these critical characteristics, let alone in all of them.Counsel in a DUI case will constantly be confronted by these almost-hidden assumptions. And it is very important that these false premises be brought out...

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Ohio Senate Re-thinks Inotxilyzer 8000 No-Bid Contract

COLUMBUS -- A state senator who sits on a board that this week approved without comment spending $6.4 million for new drunken driving testing machines now says he wants the purchase to be reconsidered.Sen. John Carey, a Jackson County Republican, is concerned the Ohio Controlling Board acted too hastily after he learned from reports in The Plain Dealer this week that several states have dismissed or delayed thousands of drunken driving cases because of questions about the accuracy of the Intoxilyzer 8000.Carey also said he is concerned about lawsuits against the company that...

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Ohio: Photo Enforcement Is Coming

[caption id="attachment_4889" align="alignright" width="150" caption="Ohio: Photo Enforcement is coming!"][/caption]The anger generated by Photo-enforcement is growing.  California residents have taken action against the robo-photo-cop by starting www.highwayrobbery.com.  Arizona's elected Treasurer has come out against the scheme as unconstitutional.  Also, my favorite organization, The National Motorists Association is sending out a mailing which aids citizens in determining if the cops are shortening the yellow light.  http://www.shortyellowlights.com/ According to the Texas Transportation Institute, when the yellow light timing is one second shorter than the bare minimum recommended amount, violations increase by 110% (view study).  Stay alert...

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