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Dayton DUI Attorney Charles Rowland > Posts tagged "arrest"

New Rules In Effect For Vicodin (Hydrocodone)

Drug Schedules Changing For Some Vicodin - Hydrocodone Combos If you or someone you know takes hydrocodone, you need to know that brand new regulations went into effect Monday, which will change how you get the drug.  Hydrocodone/paracetamol, hydrocodone/acetaminophen, or hydrocodone/APAP (or under brand names such as Lortab, Norco or Vicodin) is a combination opioidnarcotic analgesic drug consisting of hydrocodone and paracetamol (acetaminophen) used to relieve moderate to severe pain.The DEA rule switching"hydrocodone combination products" like Lortab and Vicodin from schedule III to schedule II  was passed to curb abuse and encourage patients and prescribers to consider alternative ways to deal...

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Bloodshot and Glassy Eyes Are Not Clues of Impairment

In almost every DUI I have encountered, the arresting officer has indicated that the alleged drunk driver had "bloodshot" or "glassy" eyes.  We challenge the officer by pointing out that he has never seen the defendant before and has no idea whether or not the defendant was engaging in activity that would logically cause bloodshot eyes (fatigue, being in a smoky environment, etc.).  This would usually end cross-examination on this issue and the officer would be able to establish an important factor in deciding whether or not to remove the driver for standardized field sobriety testing. (Phase II of the...

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Nonstandardized Field Sobriety Tests

Ohio has adopted the three-test field sobriety protocol as set forth in the National Highway Traffic Safety Administration (NHTSA) manual for training law enforcement officers.  The three tests adopted by NHTSA all survived scientific scrutiny as being indicative of impairment.  The tests are: (1) horizontal gaze nystagmus, a test of the subject's eyes; (2)  walk & turn; (3) one-leg-stand.  The officer is trained to administer the tests in a standardized fashion and record "clues" of impairment as evidenced by the subject's performance on the tests.Often, you will encounter a circumstance where the officer employs an non-standardized field sobriety test.  These...

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DUI Blood Test and Miranda Rights

Miranda rights are required to be given when an “investigatory stop” turns into a “custodial investigation.” Miranda v. Arizona (1966), 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694.  In other words, only when a traffic stop becomes “custodial” does the officer need to advise the defendant of his or her Miranda rights.  “Under Miranda v. Arizona (1966), 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694, statements stemming from custodial interrogations are admissible only after a showing that the procedural safeguards have been followed. “Custody” is when a defendant is taken into custody “or otherwise deprived of his freedom by...

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Ohio DUI Law: Reasonable and Articulable Suspicion

What Level of Proof Does Law Enforcement Need to Pull You From Your Car For Standardized Field Tests? One of the major decision points in the OVI arrest process is the officer’s decision to remove a suspect from his or her car and conduct standardized field sobriety testing. The officer is trained to arrive at this “decision point” by conducting an interview and using specific “pre-exit interview techniques” which include asking for two things simultaneously; asking interrupting or distracting questions; and asking unusual questions. (NHTSA Student Manual VI-4).  Additional techniques which an officer may employ include and Alphabet test (begin with...

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Dayton DUI Update: Drunk Driving Arrests Up/Fatalities Down

According to the Ohio State Highway Patrol, OVI arrests are up and OVI-related fatal crashes are down.  In a release on their website today, the OSP stated, "through May of this year, troopers have made 10,459 OVI arrests - which is an increase of 915 arrests during the same time period last year.  During this time OVI-related fatalities have dropped 26 percent or 39 deaths - with 110 crashes killing 124 people.Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (1-888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  Immediate help is available by filling out this CONTACT form.  For information about...

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Arrested for DUI? What Can You Do Now To Protect, Educate and Empower Yourself

What do I do now?  Being arrested for DUI is a frightening and traumatic experience.  Our clients often struggle to deal with the stigma and shame associated with a DUI arrest.  Many strong people are brought to tears when telling a loved-one about their arrest.  Complicating matters is a palpable sense that everything is spinning out of control.  Charles Rowland and the staff at DaytonDUI have been helping people through this process for over seventeen years.  We want to reassure you that your DUI case can be successfully managed.  Like any other crisis, it is imperative that you take steps...

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Dayton OVI Sobriety Checkpoint Update: July 17, 2010

I have checked with all of our regular sources and there appears to be no sobriety checkpoints scheduled tonight in the Miami Valley.  There will be two checkpoints tonight in Cincinnati.  The first will be from 9-11 pm, on North Bend Road.  The second OVI checkpoint will be from midnight until 2 am on Colerain near Blue Spruce.  The Clermont County checkpoint will be on Rt. 52 near mile marker 7 (in Neville) from 4-8pm.  The underlying theory of OVI checkpoints is not to arrest drunk drivers but to instill fear of arrest in the law-abiding public.  By advertising these...

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What are the standardized field sobriety tests?

Image via WikipediaThe standardized field sobriety tests consist of a three-test battery which includes a check of your eyes (called the horizontal gaze nystagmus test, or HGN), and two tests of your coordination, balance, stamina and memory called the one-leg stand test and the walk and turn test.  Officers use these tests to establish probable cause for a drunk driving arrest. The tests are set forth in the National Highway Transportation Safety Administration manual, which is used to train law enforcement in administering the tests.  The DUI defense team of Charles M. Rowland II not only has...

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Dayton Sobriety Checkpoint is a Bust

Image via WikipediaThe sobriety checkpoint Friday, Oct. 30 on North Dixie Drive produced only three arrests for operating a vehicle while intoxicated.  Other citations included nine charges for driving under suspension or without a license, and 21 other violations, including traffic, seat belt and child restraint issues.The checkpoint was set up from 8 p.m. to midnight Friday by the Montgomery County Sheriff’s Office, the Ohio State Highway Patrol and the Montgomery County Combined Agency O.V.I. Task Force, and included saturation patrols in the area surrounding the checkpoint. The sheriff’s office and task force plan extra patrols throughout the Halloween...

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