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Dayton DUI Attorney Charles Rowland > Posts tagged "arrested" (Page 10)

DaytonDUI, Defending a Breath Test Case

"I'll Huff and I'll Puff and Blow Your House Down" Did you know that your breathing pattern can significantly alter the concentration of alcohol on your evidential breath test?  According to scientific research, "[t]he subject's test manner of breathing just prior to providing breath for analysis can significantly alter the concentration of alcohol in the resulting exhalation." (Jones, 1982, Schoknecht, 1989) as cited in Physiological Aspecs of Breath-Alcohol Measurement, Alcohol Drugs & Driving Vol. 6, No. 2, A.W. Jones.Hyperventilation "...

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Driving While High?

[caption id="" align="alignright" width="256" caption="3D rendering of the THC molecule "][/caption]Today, 90 million Americans have the right to access medical marijuana when they are seriously ill.  Ohioans will consider the passage of a medical marijuana bill this fall.  As more states decriminalize and legalize marijuana, law enforcement is scrambling to deal with what it warns will be a dramatic increase in driving while stoned.  What can we expect?LAW ENFORCEMENT RESPONSE. Many states have adopted a specified training regimen for law enforcement officers.  This protocol allows officers to testify as to specific observations of marijuana impairment.  Drug Recognition Experts (DRE) are trained to...

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You Have The Right To Remain Silent

We frequently encounter jurisdictions that conduct "interviews" with a suspect following an arrest.  These interviews are carefully crafted checklists that gather incriminating statements related to the elements of the crime and further attempt to limit mitigating factors which your attorney may later wish to assert.  The questions typically seek to establish that the suspect was "operating" the vehicle.  Officers will also ask what the person had to eat and drink, when, where and how much.  Medical issues, mental issues, eye health, and other questions seek to limit the suspect's ability to later assert a defense to the clues of impairment...

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Ohio DUI Law: The Hematocrit Defense

How bloody is your blood?  The hematocrit is the number expressing the cell volume of blood (the size and number of red blood cells in proportion to the rest of the blood).  As humans, we all have a natural variation in our hematocrit.  Healthy men have a natural variance from 40.7% to 50% and healthy women have a natural variance from 36.1% to 44.3%.  The hematocrit level is a moving target.  Illness, hydration and stress can cause variations in the hematocrit level.The hematocrit level affects all breath tests by governing how much alcohol may be contained in the blood and,...

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Yellow Springs Mayor’s Court

Twice a month David Foubert, Mayor of Yellow Springs, holds court. The Yellow Springs Mayor's Court hears misdemeanor offenses that occur in the jurisdiction of the Yellow Springs Police Department.  The Yellow Springs Mayor's Court is held in the Byron Community Center, located at 100 Dayton Street just adjacent to downtown Yellow Springs.  The Byron Community Center also houses the Yellow Springs Police Department, which can be reached at: Non-Emergency: (937) 767-7206 or at dispatch@yso.com. For inquiries regarding court appearances, fine and costs amounts, court procedures and other court matters, you may call the Clerk of Court's office at (937) 767-3400. ...

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Aggravated Drug Trafficking vs. Drug Trafficking in Ohio

Because of the high-profile nature of drug offenses, trafficking in drugs has overlapping federal and state jurisdiction.  The Comprehensive Drug Abuse Prevention and Control Act is the legal foundation of "War on Drugs" in the United States. The Act regulates the manufacture, possession, movement, and distribution of drugs in our country. It places all drugs into one of five schedules, or classifications, and is controlled by the Department of Justice and the Department of Health and Human Services, including the Federal Drug Administration.  Ohio law, as set forth below, adopts this drug classification system.  Drug trafficking can be charged as...

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The Prescription Drug Defense

While many people think of impaired driving as involving alcohol, we are increasingly seeing people accused of being impaired by prescription drugs.  Clients are surprised to learn that the same harsh penalties that apply to alcohol impairment also apply to prescription drug impairment.  You need an attorney who knows how to fight a drugged driving case.Drugged driving cases involving prescription drugs present a problem for law enforcement as indicators of prescription drug use are less apparent.  The standardized field sobriety tests are crude tools for detecting alcohol and may be useless in determining prescription drug impairment.  Challenging the officer's observations...

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Ohio DUI Law: Your Right To A Speedy Trial

Your right to a speedy and public trial is enshrined in the Bill of Rights.  The Sixth Amendment to the United States Constitution provides, "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of...

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Ohio Has Declared War on Drunk Drivers

In 1982, Ohio declared “WAR” on drunk driving.  Since that time Ohio has devised one of the toughest DUI systems in the nation.  By creating a civil penalty called an automatic license suspension, even a first time DUI results in an immediate loss of your “right” to drive.  A conviction can result in a jail sentence ranging from the mandatory minimum three days to a maximum of six months and a minimum fine of $375.00 up to $1,075.  Conviction of a first time DUI will result in a license suspension lasting from six months to three years.  If a driver...

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