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Dayton DUI Attorney Charles Rowland > Posts tagged "arrested" (Page 2)

Blood Contamination & Candida Albicans (by DaytonDUI)

If a blood sample is not properly preserved it can decompose.  One of the results of decomposition is the creation of alcohol.  According to Lawrence Taylor in his seminal Drunk Driving Defense, 6th Ed., pp. 561, "Ethyl alcohol is generated by fermentation of carbohydrates and proteins in the blood sample.  This occurs through the actions of various microorganisms.  The simplest and one of the most common processes is the breakdown of enzymes by one of various species of the yeast Candida, such as Candida albicans."  The results of the fermentation in the blood vial is dramatic.  For example, a blood...

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I Was Not Read My Miranda Rights, Is That A Defense To DUI?

In Miranda v.  Arizona, 384 U.S. 436 (1966), in a 5-4 decision, the United States Supreme Court held that both inculpatory and exculpatorystatements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant was informed of the right to consult with an attorney before and during questioning and of the right against self-incrimination prior to questioning by police, and that the defendant not only understood these rights, but voluntarily waived them. This had a significant impact on law enforcement in the United States, by making what became known as the Miranda rights part of routine police procedure to ensure that suspects were informed of their rights.  Most people are...

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Ohio DUI Blood Test: How to Win A Blood Test Case

In order to successfully defend a blood test case, a DUI defense lawyer must be familiar with Ohio’s DUI law (O.R.C. 4511.19) and the Ohio Administrative Code sections which apply to the collection, storing, transporting and testing of the whole blood, blood plasma and/or blood serum specimen.  Amphetamine, cocaine, heroine, Marijuana, Methamphetamine, Phencyclidine and L.S.D. are specifically mentioned in Ohio’s DUI/OVI statute as illegal controlled substances. The law states how much of each substance must be detected in a chemical test of urine, whole blood, blood plasma, and/or blood serum in order to sustain a charge.  A blood test is seen as...

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Trotwood OVI Attorney

Arrested In Trotwood?  We Can Help! If you have been accused of drunk driving in Trotwood, Ohio, your misdemeanor OVI (operating a vehicle impaired) case will be heard in the Montgomery County Municipal Court, Western Division.  The jurisdiction of the Montgomery County Municipal Court, Western Divison covers most of north-west Montgomery County, Ohio and includes the cities of Trotwood,Brookville, Phillipsburg, the Village of New Lebanonand parts of Verona.  Your case will be heard by either the Honorable Adele Riley or the Honorable Thomas Manning.  According to the 2012 Annual Report, 155 new OVI cases were filed in the court.In addition to the City of Trotwood, the court also...

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“LIKE” DaytonDUI on Facebook

8,000 DaytonDUI Fans Can't Be Wrong If you like the articles related to Ohio DUI law that you see here, please join our 8,000+ fans on Facebook.  The Dayton DUI Facebook page is a constant feed of information related to Ohio DUI law, decisions from the Ohio and United States Supreme Court, red-light cameras, checkpoints throughout Ohio, developments in civil liberties and the latest information about DaytonDUI.  I promise to work really hard to bring you relevant, funny and enlightening content on a daily basis.  Facebook also offers you a way to participate and register your opinions about Ohio's tough DUI laws.  So please consider giving...

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DUI Science and Blood Contamination

The practice of modern DUI law involves understanding the various scientific tests that have become commonplace in forensic collection and storage of specimens for alcohol analysis.  Specifically, DUI attorneys must understand that contamination can increase the concentration of ethanol in a specimen.  Typically, contamination takes one of two forms.  The first is straight-forward physical contamination which may manifest itself before, during or after collection.  The second form of contamination occurs when microorganisms contaminate a sample and produce ethanol in the sample thereby falsely inflating the amount of ethanol therein.  This article will focus on the physical contamination that may cause...

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You’re Not Drunk, You’re ADD/ADHD

To be diagnosed with ADD/ADHD, a person has to demonstrate an inability to complete divided-attention testing.  In 2009, the Centers for Disease Control reported that 9.5 percent of children in the United States had ADHD, up from the previous survey.  The trend has not gone unnoticed amongst the insurance industry who reported at the 162 annual meeting of theAmerican Psychiatric Association in May 2009 that:28 percent of adult drivers with ADHD reported receiving a citation withing the prior twelve months. 34 percent reported being in an auto collision. 44 percent reported either a citation or a collision.The standardized field sobriety tests are divided-attention tests.  Given these statistics,...

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West Chester Ohio OVI Attorney

The Butler County Area III Court is located at 9577 Beckett Road West Chester, OH 45069 (513) 867-5070 and serves the communities of West Chester and Monroe.  Area III Court is open Monday-Friday 8 a.m. to 5 p.m.  Butler County Area III Court is in session on Tuesday, Bench trials are scheduled on  Friday each month.  A Fine Review Docket is also scheduled on Friday each month.  On Tuesday, court is in morning session from 8:00 a.m. to completion and in afternoon session from 1:00 p.m. to completion.  The schedule is as follows: 8:00 a.m. Traffic, Operator’s License issues, Criminal and Domestic Violence...

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Prior Convictions Used To Enhance An OVI

It is not uncommon for a client to choose my representation on a second, third, or fourth OVI offense.  One of the first things we check is whether or not the client was represented by an attorney in the previous convictions.  We also check to see if the prior plea had a valid waiver of counsel.  Both of these issues were addressed by the Ohio Supreme Court in State v. Brooke, 113 Ohio St. 3d 199, 2007-Ohio-1533, 863 N.E. 2d 1024 (2007), wherein the Court stated: Generally, a past conviction cannot be attacked in a subsequent case.  However, there is a...

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Did You Sign The Ticket? (by DaytonDUI)

An often-overlooked piece of exculpatory evidence is your signature. When the officer has read and explained your rights prior to conducting an evidential breath test, he or she will ask you to sign a form entitled the  BMV Form 2255 Notice of Administrative License Suspension.  Under Ohio Revised Code 4511.192 (A) "The officer SHALL give that advice in a written form that contains the information described in division (B) of [that] section and SHALL read the advice to the person. The form shall contain a statement that the form was SHOWN to the person under arrest and read to the person by...

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