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DUI Law

BAC DataMaster DMT

Released in 2004, the DataMaster DMT represents a quantum leap in technology for the breath testing industry. From the outset, the design philosophy was to combine the proven analytic portion of previous DataMasters with a flexible and scalable user interface in a service-friendly instrument. The result was the first breath alcohol tester to utilize a graphics capable touch screen display and a powerful embedded PC able to take advantage of many off the shelf PC peripherals available on the market. This provides a dynamic control platform that is easily configured to satisfy any present and future needs of the customer.The...

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DUI/OVI Science: Alcohol Absorption

When an alcoholic beverage is consumed, approximately 20% of the alcohol is absorbed in the stomach and 80% is absorbed in the small intestine (Freudenrich, 2001).  After absorption, alcohol enters the bloodstream and dissolves in the water of the blood where it is quickly distributed to body tissues.  When alcohol reaches the brain, it affects the cerebral cortex first, followed by the limbic system (hippocampus and septal area), cerebellum, hypothalamus, pituitary gland, and lastly, the medulla, or brain stem.  When BAC is near toxic levels, lower order brain regions are affected, which is often followed by sleepiness, lack of consciousness,...

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Drug Sniffing Dog, standards and protocols

The North American Police Work Dog Association (http://www.NAPWDA.com) was formed in 1977 and is composed of law enforcement officers throughout the United States and several other countries. Their mission is that they are Dedicated to Assisting Police Work Dog Teams Throughout the World. They conduct in-service training workshops in various states throughout the year and hold a major national workshop in a different state yearly. Officers and their K9's attend these workshops for problem solving, legal updates, new techniques in various phases of police work dog use and certifications to their standards.If you have a drug case involving the use of a drug-sniffing...

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Ignition Interlock for Repeat DUI Offenders

Statement of Attribution to Andrea C. Rehkamp, Executive Director, MADD Southwestern Ohio Affiliate (COLUMBUS, Ohio) – February 21, 2008 – In Ohio alone, there are 147,000 people who have been convicted of three or more DUI offenses with more than 33,000 of those people having five or more DUI convictions. Drivers who are intoxicated will continue to get behind the wheel because they can. That’s why states across the country – including Ohio – are considering legislation that requires alcohol ignition interlocks for all convicted drunk drivers. Families of victims/survivors of drunk driving, like that of William Sandlin, deserve more. Butler County resident...

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Odor of an Alcoholic Beverage

It is legal to have a drink and drive.  However, most of us know that an "odor" of an alcoholic beverage can lead to all sorts of problems.  I have represented clients who have tried all types of masks when they are pulled over by police officers.  Often, to avoid the hassle of field sobriety tests and the distinct possibility of an arrest, they will light a cigarette or cigar, chug mouthwash, or put in gum.  Other more interesting tricks include chewing on a raw potato, putting pennies (or nickles) in your mouth or biting your lip until it bleeds.Experienced...

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DUI Science Training; Forensic Sobriety Assessment

This weekend, February 29-March 2, 2008, Charles M. Rowland II will continue his committment to continued DUI education by attending the Forensic Sobriety Assessment Certification program in Houston, Texas.  The topics to be covered include: Scientific Issues in Judging Intoxication and SFST Research and Horizontal Gaze Nystagmus: Vision Science Perspectives.  The program is conducted by Steve Rubenzer, Ph.D., ABPP Diplomate in Forensic Psychology and Scott Stevenson, Ph.D., Associate Professor of Optometry University of Houston....

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Ohio Supreme Court Allows Speed and Red-Light Cameras

Ohio Supreme Court Saves Speed Cameras Text of an Ohio Supreme Court ruling granting cities the authority to install speed and red light cameras without legislative authorization.The Ohio Supreme Court today issued a ruling upholding the right of municipalities to create new "civil penalties" for crimes already covered by criminal statutes. The long-awaited ruling gives the green light for Ohio cities to expand speed camera and red light camera camera programs, an authority which the state legislature had specifically declined to grant."Home rule jurisprudence has become confused over the years because different theories have been used to determine when an ordinance...

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Ohio BMV; How Many Points is Your Offense?

Here, courtesy (and with permission of) DUI attorney Mark Gardner is a list of violations and their resulting Ohio BMV "POINTS." Ohio BMV "Points".CODE VIOLATION POINTS OHIO REVISED CODE SECTION01 Perjury/False Info 0 2921.1102 OVI-Alcohol/Liquor 6 4511.19A03 DR w/o Owner Consent 6 2913.0304 MTR Vehicle Felony 6 2913.0206 Hit Skip/Leave Scene 6 4549.02/02107 Driving Under Susp/Rev 6 4510.11 (C)(1)08 Drag Racing/Street 6 4511.25109 Flee/Elude Officer 6 2921.331 (A) & (B)10 Stop Sign 2 4511.4311 Traffic Control Lights 2 4511.13-1513 Vio-RR Crossing 2 4511.61-6414 Traffic Cont Dev/Signs 2 4511.1216 Hit-Skip Private Prop 2 4549.0318 No Child Restraint 0 4511.8119 Vehicular Assault 6 2903.08 (A)(2)20 Speed (# in excess of speed) 4/2/0 4511.2121 Slow Speed 2 4511.2222 Driving Under FRA Susp 6 4510.16(A)23 Following To Close 2 4511.3424 Speed (# in excess of speed) 4/2/0 4511.2125 Speed Commercial 4/2/0 4506.1626 OVI.04 Commercial vary 4506.1528 Disregard of Safety 4 4511.2029 Disregard  Saf Priv/Prop 2 4511.20130 VIO-One Way Traf 2 4511.3231 Driving Left of Center 2 4511.29-3032 FTY Ped/Blind 2 4511.46-4733 Crossing Yellow Line 2 4511.3035 Rt Side of Roadway 2 4511.2536 Crossing Divided Hwy 2 4511.3537 VIO-Traf Lanes/Lines/Safety Zone 2 4511.30-6038 FTY Right of Way 2 4511.41-4239 Opp Veh Traf VIO 2 4511.2640 Improper Passing 2 4511.2841 Vio-When Being Passed 2 4511.2742 Stopped...

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Challenging the Breath Test (Part III)

[caption id="attachment_1225" align="alignright" width="145" caption="BAC DataMaster"][/caption]I once attended a seminar where an attorney argued that there were many things which "mirrored" ethyl alcohol, thereby interfering with the ability of the breath testing machine to distinguish between "real" alcohol (ethyl) and "false" alcohol (acetone). The interfering substance, acetone, is a natrually occuring by-product of the human body and is common in diabetics, dieters and persons coming into contact with household paints.  What's more there was some pretty solid science presented to support this argument. WOW!Well, after studying the BAC DataMaster I am sorry to say that this method is very limited as...

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Aggravated Vehicular Homicide; State v. Hassler

Blood Alcohol Test Taken Outside Time Limit Held Admissible in DUI Vehicular Homicide 2006-1517. State v. Hassler, 2007-Ohio-4947. Delaware App. No. 05 CAA11 0078, 2006-Ohio-3397. Judgment reversed and cause remanded. Lundberg Stratton, O'Connor, Lanzinger, and Cupp, JJ., concur. Moyer, C.J., and Pfeifer and O'Donnell, JJ., dissent. Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2007/2007-Ohio-4947.pdf(Sept. 27, 2007) Under limited circumstances, in the prosecution of a driver for aggravated vehicular homicide while “under the influence of alcohol,” Ohio courts may admit the results of a blood alcohol test taken outside the two-hour time limit for admissibility under the state's DUI statute, the Supreme Court of Ohio ruled today.The case involved the death of...

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