07 January

Sticky

Ohio Supreme Court Address Juvenile Prior OVI Offenses

In State v. Bode, 144 Ohio St.3d 155, 2015-Ohio-1519, the Ohio Supreme Court decided an issue affecting juveniles and the ability of the state to enhance a DUI charge based on prior juvenile adjudications.As a juvenile, the defendant was arrested for violating an equivalent offense 4511.19(A)(1)(a), colloquially referred to as a DUI charge. He was not represented by counsel. By 2011 Bode had been convicted of three more DUI charges. In 2011, Bode was indicted for and convicted of felony DUI charges. The cases were felonies because of Ohio enhancement statute R.C. 4511.19(G)(1)(d), which relied on his prior juvenile offense...

04 January

0 Comments

Sticky

Proving Prior Convictions (Evidence Rule 902)

Posted by Dayton DUI

in DUI Law

Just how hard is it for the prosecution to prove prior convictions in OVI cases? The government has the burden of providing a foundation that the documents proving prior convictions should be relied upon. The Ohio Rules of Evidence, Evid. Rule 902, provides that extrinsic evidence of authenticity, as a condition precedent to admissibility, is not required under three (3) specific circumstances:Domestic Public Documents Under Seal: These can include documents from other states, districts or political subdivision. Domestic Public Documents Not Under Seal: These include documents without a seal, but bearing some attestation that the signatory had the authority to sign the...

29 December

0 Comments

Sticky

Speed Camera Scams Still A Thing In Ohio

Posted by Dayton DUI

in DUI Law, DUI Process

If you think that Senate Bill 342 banned all speed cameras, you must not have driven through Newburgh Heights. Tucked over off I-77, Newburgh Heights has continued issuing tickets with hand-held devices that don't require officers to pull anyone over to issue a citation. To supplement their budget, they are churning out tickets at the tune of 300 per week. Plenty of folks aren't happy about it but Newburgh Heights doesn't care. Another Ohio city, Linndale, has built essentially a house with all the comforts of home — so that it can reap the benefits of traffic cameras while some Linndale...

22 December

0 Comments

Sticky

Drive Sober Or Get Pulled Over In Full Effect!

Posted by Dayton DUI

in DUI Law, DUI Process

The annual "Drive Sober or Get Pulled Over" campaign, sponsored by the National Highway Traffic Safety Administration, MADD and local law enforcement agencies, is in full effect. The OVI (drunk driving) crackdown will last from now until January 1st. Below is the new ad for 2015....

14 December

0 Comments

Sticky

Supreme Court To Decide DUI Cases

Posted by Dayton DUI

in DUI Law

In a follow-up to its recent decision in Missouri v. McNeely, the Supreme Court agreed to decide whether a blood or breath test for drunk driving can be made without a search warrant and whether, if there is no warrant, an individual can be charged with a crime for refusing to take such a test.As in Ohio, North Dakota, state laws bars a person from driving in the state if he or she refuses to submit to a chemical test, of blood, breath or urine, to determine alcohol concentration. It makes refusal to take such a test open to prosecution...

10 December

0 Comments

Sticky

Commercial Drivers Beware – OSP To Target You This Week

Posted by Dayton DUI

in DUI Law

Commercial Drivers Beware! The Ohio State Highway Patrol joined a week-long effort focused on increasing commercial drivers tickets. The initiative includes officers with the Michigan State and Indiana State police departments, who will focus on violations by commercial vehicle drivers that are proven to contribute to crashes, including: speed, following too closely, improper passing, distracted driving and improper lane use. The initiative began Monday and runs through Saturday, Dec. 12.This type of enforcement is grant-funded and designed to cause untold problems with truck drivers who depend on their license to earn a living. What makes it particularly ugly is that commercial drivers...

09 December

0 Comments

Sticky

Xenia OVI Arrests – Now With Body Cameras

Posted by Dayton DUI

in DUI Law, Xenia

If you have a Xenia OVI case, your attorney can now ask for body camera footage of your arrest. All Xenia police officers are armed with body cameras according to information released by the city on Monday. The officers are using Digital Ally’s First Vu HD personal body cameras which were partially funded with a grant. If you've been arrested with an OVI start with our local guide. For Xenia OVI cases, this means that we will get to see the standardized field sobriety tests as the officer does. It may provide a defense to an officer's accusation that a defendant was slurring...

08 December

0 Comments

Sticky

Ohio OVI: What Are The Legal Limits?

Posted by Dayton DUI

in DUI Process

In Ohio, an OVI refers to the charge of operating a vehicle while impaired by drugs or alcohol. If your Blood Alcohol Content (BAC) and breath alcohol content (BrAC) is .08 or greater, you are considered to be “operating a vehicle impaired.” The .08 figure refers to the concentration of alcohol in your breath or in your blood. There are also “legal limits” for the concentration of alcohol in a person’s blood serum or plasma and urine. For a urine sample, you will be over the “legal limit” if the alcohol concentration in your urine sample is .11 or greater.While...

16 November

0 Comments

Sticky

Ignition Interlock Bill Is Reintroduced

Posted by Dayton DUI

in DUI Law

"Annie's Law" a bill that would require ignition interlocks for all first-time OVI (drunk driving) offenders is being reintroduced in the Ohio House. State Rep. Gary Scherer's new bill focuses on improving monitoring of ignition interlock devices and provides incentives for first-time offenders choosing to use an interlock device. There also are provisions to require notification when a device registers a failed attempt and possibly extending the use of the device for a failed attempt.The expensive ignition interlock system requires a person to exhale into it to test the breath for alcohol content. If the content is above the device’s programmed limit, it...

04 November

0 Comments

Sticky

Ohio Traffic Law Update: New Stop Signs At RR Crossings

Posted by Dayton DUI

in DUI Process

Ohio Traffic Law Update! Drivers in Ohio will notice that stop signs 6are replacing yield signs at certain railroad crossings. Nearly two thousand new stop signs are being installed and officers are standing by to issue tickets. In 2013, the Ohio legislature adopted this new provision in an effort to increase safety around railroad crossings.If you find yourself in need of an Ohio traffic law attorney, please give Babb & Rowland a call....

DUI Law

I support The Substance Abuse Prevention Institute