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DUI Law

Are You Hot? You Had Better Tell Your OVI Attorney

Sometimes having an experienced OVI attorney can make all of the difference.Breath testing equipment assumes that ALL people have an expired breath temperature of a constant 34 degrees centigrade and a constant body temperature of 37 degrees centigrade.  So, what happens if these assumptions are just a little off?The BAC will register 8.62% higher than normal for each degree that the breath temperature is above normal. So, a person registering a breath test of .143% with a body temperature of 104 degrees fahrenheit would actually have a BAC of .106%.  This means quite a bit as many prosecutors would be...

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DUI Attorney Strategies – Know The Science!

Here is a tool that every DUI attorney should have in their arsenal.  It is a study entitled, Absorption, Distribution and Elimination of Alcohol: Highway Safety Aspects and it has a number of facts that a jury should know:The time that elapses between the driving of the car and the time of the chemical test can produce significantly different blood alcohol concentrations. The time that passes from the end of the alcohol intake until the peak alcohol concentration varies from 14 to 138 minutes in one study, to 12 to 166 minutes in another study. It is impossible to convert the alcohol concentration of...

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Thanks Miami Valley NORML

On May 16th, I was honored to speak to Miami Valley NORML about how to properly handle a police interaction.  I was also able to pledge the continued support of myself and my office in helping to end the scourge of drug war arrests and make marijuana legal in Ohio. I have devoted most of my professional life to ending the failed War on Drugs.  The speech focused on many ways to know and exercise your rights.This may be the year that Ohio joins other states in re-legalizing marijuana. Miami Valley NORML is an indispensable partner in making this happen....

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State Patrol Seat Belt Law Campaign: What Is The Seatbelt Law?

Troopers Will Ticket You For Seat Belt Law Violations Starting Monday! On Monday (May 18, 2015) the Ohio State Highway Patrol will begin a seat belt law enforcement blitz targeting drivers and passengers who are not buckled up. The seat belt crackdown is part of the national Click It or Ticket campaign.What makes this an interesting push by troopers is Ohio's seatbelt law (O.R.C. 4513.263 ) is a secondary offense, meaning that a trooper has to have another reason for pulling you over. Primary seat belt laws allow law enforcement officers to ticket a driver or passenger for not wearing a seat belt,...

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What is a Physical Control Violation? Is It Better Than An OVI?

Why should I consider a reduction to Physical Control? Want to know what physical control means for your case? Watch our video on physical control charges .  While a “physical control” conviction (O.R.C. 4511.194)  is similar to an OVI conviction (O.R.C. 4511.19) in that both are alcohol-related first degree misdemeanors, the PC conviction does not carry mandatory minimum penalties. In fact, a court may give proportionally lighter penalties due to the fact that you did not operate your vehicle and place others at risk.There are many reasons why an attorney may seek a physical control charge as a reduction from an OVI...

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Ohio State Highway Patrol – Ohio’s Drug Warriors

A state law passed in 2012 banned knowingly possessing hidden compartments in vehicles that are designed to conceal elicit drugs or evidence. The Ohio State Highway Patrol has used this law in their role as Ohio's leading drug warriors. Since 2012, OSP has tallied 24 cases of hidden compartment violations and counting.  Punishments are steep with charges ranging up to a second degree felony.  In addition, the car is crushed.If you are involved in a traffic stop, expect that the trooper is looking to convert the stop into a drug investigation.  Drug citations growing! More than 7,000 violations were tallied in...

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Felony OVI Prompts Questions Over Juvenile’s Right To Counsel

Yesterday, the Ohio Supreme Court ruled in a felony OVI case that a juvenile has a right to counsel at every stage of a legal proceeding.  State v. Bode, Slip Opinion No. 2015-Ohio-1519.As stated in CourtNews, the court held that, "If confinement is a possible punishment for a juvenile, the juvenile must have waived his or her right to an attorney before the adjudication can be used to enhance a later adult conviction for driving under the influence of drugs or alcohol (OVI), the Ohio Supreme Court held."In this case, the court determined that the 2011 sentence for Jason T....

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Dayton Red Light and Speed Cameras Still Bad News

Dayton red light cameras are still on! Dayton has 30 speed and red light cameras in use throughout the city. Despite a law passed by the Ohio legislature, the cameras remain running due to a decision by Judge Barbara Gorman in the Montgomery County Court of Common Pleas Court.  Due to the Dayton ruling, and similar rulings in Toldeo and Akron, the cameras are running until the matters are fully litigated in the courts.  For opponents of the cameras the outlook is bleak if the courts have the final say. In 2008 and again in December of 2014, the Ohio Supreme...

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Defending A DUI: The Exit Sequence

The only way an officer will care about how you exit the vehicle is if he has already determined you may be impaired by alcohol or a drug of abuse. NHTSA IV-6. Therefore, to avoid the appearance that you are impaired, exit the car in an orderly fashion as instructed by the officer. From that point you can decide if it is in your interests to participate in the standardized field sobriety tests. Why would you?...

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The Vandalia Municipal Court License Intervention Program

As a Vandalia OVI attorney, we are often confronted with the reality that current law makes managing your Ohio operator's license a mess.  We spend a great deal of time and effort fixing any issues that you may have had in the past and get you driving privileges.Luckily, the Vandalia Municipal Court offers a License Intervention Program that is accessible to all.  The License Intervention Program (LIP) is managed through the Probation Department.  This program assists individuals in obtaining a valid Ohio operator's license or driving privileges.  The individual must meet the criteria as set by the Court.You can reach...

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