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DUI Law

Alcohol On Your Breath? So What!

Have we reached a point where the mere presence of alcohol on the breath is enough to place a person under arrest?  Did you take a Breathe Test in Ohio? Learn what it means for you in this video. We ask this question because the "odor of an alcoholic beverage" is the first and most relied upon clue an officer notes in his or her report.  Not only does it determine that the driver has been drinking but provides legal justification (reasonable suspicion) for continuing the stop for a DUI/OVI investigation.  Courts allow an officer to testify as to the odor and...

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CDL Drivers In Ohio Required to Undergo Human Trafficking Training

According to the Ohio State Highway Patrol, Ohio is the first state to require CDL drivers to take a one hour class in human trafficking. Beginning January 2016, every driver issued a CDL in Ohio will be given a "Truckers Against Trafficking" (TAT) wallet card, and all new drivers will be provided a one-hour training program.Authority over CDL driver licensing varies from state to state, and in Ohio both the Ohio State Highway Patrol and the rules for CDL schools under the Ohio Revised Code come under the authority of the Ohio Department of Public Safety (ODPS). ODPS annually revises topics...

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Fairborn Municipal Court’s Vivitrol Drug Court Program Is Certified

The Fairborn Municipal Court's Vivitrol drug court has received certification. According to the very good story in the Fairborn Herald, The Fairborn Municipal Vivitrol Drug Court program aims to teach individuals how to live a drug and alcohol-free life. Those accepted are expected to be able to do so within two years of entering the program. It is broken into four phases, and individuals will begin Vivitrol treatment within the first phase, and possibly discontinuing the drug during or after the fourth phase, depending on the individual. In the first phase, participants are screened a minimum of two times per week, visit...

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Should I Blow? Now You Know!

When you are stopped on suspicion of OVI the question becomes - "Should I Blow?" . In this video, DUI attorney explains how the Breathalyzer test affects your defense. Unfortunately, the answer is "maybe" and involves a very complicated investigation of the facts of your case and your personal history.  You should NEVER refuse the test without understanding how a refusal would affect YOU.  No attorney can know all of the circumstances of your arrest and your personal history, always ask to speak to an attorney when making this decision.Can you answer "TRUE" to ALL of the following questions? If so, you can politely DECLINE...

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An Out-of-State OVI Offense Enhances A Wright-Patterson OVI

An Out-of-State OVI Offense Enhances A Wright-Patterson OVI Babb & Rowland and DaytonDUI proudly serve the military community in and around Wright-Patterson A.F.B..  One of the recurring questions we get from military personnel is whether or not a federal or out-of-state DUI can be used to enhance a Wright-Patterson OVI.  At one time they did not.  Now, however, the offenses received in another state or on federal property do count. See Ohio Revised Code 4511.181(A).  DUI defense attorneys challenged the ex post facto application of R.C. 4511.181(A) but the courts have held that since it serves only as an enhancement it meets...

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Traffic Fatalities In Ohio On The Rise

As of Sunday, there were 665 traffic fatalities in Ohio. By mid-August 2014, there were 571 confirmed fatalities due to traffic crashes, according to the Ohio State Highway Patrol. This trend is happening all over the country. According to the National Safety Council, the United States had a 14 percent spike in traffic fatalities during the first half of the year. The Illinois-based organization said that about 19,000 people died in traffic crashes through June, up from 16,180 for the same period in 2014. It should also be noted that these statistics do not take into account two of the years more...

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Intoxilyzer 8000 Biased Against Americans

The Intoxilyzer 8000 is used in Europe under the brand name Lion.  On their website [HERE] they describe the process of breath alcohol physiology.  There is one glaring difference however. They use a 2300:1 ratio instead of a 2100:1 ratio.  So? Example: If you blew a into the Lion (Intoxilyzer) 8000 with of 2300: 1 partition ratio, and the machine reported BrAC results of .070 then you blew into the machine with a 2100: 1 partition ratio you would be .080 or higher. (thanks to DUIstopped.us for this example). If this is true, it means that machines in the US are more biased...

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DUI Defense: How Much Do You Know About Drugs?

One of the most important aspects of modern DUI defense is knowing how to defend the alleged drug-impaired driver.  With increased focus on the drugged driver, DUI attorneys must have good resources at their disposal.  One of the best resources I have found is the Drug Enforcement Agency's Drugs of Abuse Resource Guide. It gives up-to-date information about both illegal and prescription drugs and allows you to explore effects and interactions.As one of the first Drug Recognition Expert trained DUI defense attorneys, I have manual after manual that gives detailed information about drug interaction.  I know the methodology law enforcement employs...

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OVI Science: A Quick Explanation of Henry’s Law

OVI science is a term used to describe the myriad disciplines of science involved in the defense of OVI (drunk driving cases). Here is a quick explanation of Henry's Law.If you have ever opened a cold beer you are familiar with Henry’s Law.  As the drink is poured small gas bubbles escape into the atmosphere.  Why? It is due to the decrease in pressure caused by opening the bottle and the increased if you pour the liquid into a glass which is hotter than the refrigerated beer bottle.We can use OVI science to attack the operation of Henry’s Law in...

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