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DUI Law

DUI Science; Traumatic Brain Injury

Often, a DUI offense will stem from a one-car traffic accident.  Officers arriving on the scene see someone who is acting in a strange or disconnected way.  Some officers understandably view this behavior as evidence of impairment.  It is up to the DUI attorney to understand that such indicators can be caused by traumatic brain injury.  Below is a primer which was taken from the Centers for Disease Control web site:www.http://www.cdc.gov/ncipc/tbi/TBI.htmWhat is Traumatic Brain Injury?A traumatic brain injury (TBI) is caused by a blow or jolt to the head or a penetrating...

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Forced Blood Draws (Is This America?)

Holiday DUI suspects risk forced blood test -- Court's OK likely if breath exam is refusedTHE COLUMBUS DISPATCHSuspected drunken drivers won't be able to "just say no" to blood-alcohol tests in Columbus over the Fourth of July holiday weekend.Police have set up a "no-refusal weekend," meaning that anyone who refuses to take a breath-analysis test will face a blood test instead, courtesy of two local judges on call to sign warrants.Officers will take suspects to a local hospital to await the warrant and the blood draw.Ohio law requires blood to be drawn within three...

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Xenia Daily Gazette: Kreitz Found Not Guilty

6/12/2008 11:37:00 PMCharles Caperton/Greene County DailiesJoseph Kreitz, 34, during trial in Common Pleas Court earlier this week, was found not guilty of two counts of aggravated vehicular homicide from a traffic crash on Jasper Road in August of 2005 that killed Tina Freelan and Joshua Day both of Xenia, who were passengers in his car.Kreitz found not guilty of vehicular manslaughterAARON KEITH HARRIS Staff WriterXENIA — Jurors in the trial of a Xenia man accused of killing two friends in a drunk-driving accident on his birthday in August 2005 took about three hours Thursday to find him not guilty.Joseph W....

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NOT GUILTY!

As I write this post I am overtaken with exhaustion and a great sense of relief and gratitude.  A Greene County jury has just returned verdicts of "NOT GUILTY" in the matter of State v. Kreitz. This was my first homicide case and I was convinced of the innocence of my client.  To prove his innocence I was aided by remarkable co-counsel Richard Brown and Mark Babb.  This case was laden with forensic science, accident reconstruction, DNA, foot print evidence and DUI scientific issues.  I would never have been able to navigate these issues without the help of Lee Edwards,...

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Ohio OVI Law: State v. Ferry (headlights required)

On June 2, 2008, the 11th District Court of Appeals issued a decision in State v. Ferry, 2008-Ohio-2616.  The Defendant was stopped at 6:21 p.m. for not having his headlights on and was subsequently chared with a second offense DUI.  At issue was whether or not the Headlights Required statute (R.C. 4513.03) was vague.  The 11th District ruled that not only was the statute not vague, but that even if it were, the Defendant would not benefit from the exclusionary rule.Thanks to Jeff Meadows for keeping DUI attorneys up-to-date with his valuable...

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Kettering DUI; Probable Cause vs. Reasonable Articulable Suspicion

I recently encountered a factual question in a case in the Kettering Municipal Court involving the reason that the officer stopped my client.  Below is the case law which sets forth the two standards used to justify a traffic stop in Ohio. Visit www.KetteringDUI.com for information about the Kettering Municipal Court. In State v. Moore, 2008-Ohio-2407, the 3rd District Court of Appeals reversed course on its prior decision in State v. Phillips, 2006-Ohio-6338and held that an officer had reasonable articulable suspicion to initiate a traffic stop when the Defendant's vehicle drifted approximately 1/2 a car width over the fog line and off the road...

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Name That Drug… from the DEA

Image via WikipediaCan you identify this drug?If you can't, and you need to, you can visit http://www.dea.gov/photo_library.html for a pretty impressive listing of commonly abused drugs.  The Photo Library is a service of the United States Drug Enforcement Administration.It is interesting to note that despite having a record of shameful futility in the "Drug War" the DEA proudly boasts "35 years of Excellence" on this site.  Imagine how good other parts of our world could be if we let these talented and proud warriors fight against a real enemy.  (By the way...

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MADD Pushes Ohio Toward Ignition Interlock Law

COLUMBUS, Ohio, May 9/PRNewswire-USNewswire/-- Mothers Against Drunk Driving (MADD) testified yesterday morning before Ohio's House Committee for Criminal Justice in support of lifesaving alcohol ignition interlocks. The Committee was considering Senate Bill 17, introduced by Senator Timothy Grendell (R-Chesterland) in 2007. This bill passed the Senate and, if signed into law, would strengthen Ohio's DUI laws. However, MADD believes there is a critical component missing -- a required period of alcohol ignition interlock use for all convicted drunk drivers.)"We applaud Senator Grendell for toughening our state's laws, but we believe his...

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Ohio DUI Refusal Laws

Here, in answer to a written question from Vandalia, Ohio, is the high-tier urine, plasma, blood and  refusal statutes.  If you need representation for a DUI (now called OVI; operating a vehicle impaired), in the Vandalia Municipal Court, or throughout Ohio, please contact Charles M. Rowland II  at 937-879-9542.Offense Code Section Basis of OffenseDUI 4511.19 (A)(1)(f) Blood Test with a concentration equal to or greater than .17 of 1% by weight of alcohol in the whole blood.DUI 4511.19(A)(1)(g) The person has a concentration of two hundred four-thousandths (.204) of one per cent or more by weight per unit volume of alcohol in the person's blood serum...

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Ohio Speed Gun Tossed by 9th District Court of Appeals

Hurray, Hurray Hurray!  The 9th District Court of Appeals has ruled the lidar laser speed detection devise (LTI 20 20) as unproven.  The ruling may be remedied with a scientific finding of accuracy, typically called a Daubert hearing.  This particular type of radar has been under attack.  Below is how our friends at www.theNewspaper.com reported the news.  Find out more about Ohio's tough speeding laws at www.OhioSpeedTrap.com. Ohio Court Tosses Laser Speed Gun Readings Ohio appeals court throws out unproven lidar speed gun evidence.  An appellate court on Monday ruled that key evidence used in Ohio speed traps was not admissible. With millions in...

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