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Dayton DUI Attorney Charles Rowland > Posts tagged "arrested" (Page 8)

DUI Blood Tests: Whole Blood vs. Serum/Plasma

Ohio Administrative Code 3701-53-03(A) sets forth the techniques and methods for determining the concentration of alcohol in blood, urine and other bodily substances.  Pursuant to that rule, Ohio allows for testing including gas chromatography and enzyme assays.  To challenge a blood test, it is important to know if the State has tested the blood as whole blood or as serum/plasma.  Operation with a concentration of alcohol is prohibited if the concentration in whole blood is equal to or exceeds .08%, R.C. 4511.19(A)(1)(b).  However, the prohibited concentration for whole blood is a concentration equal to or exceeding .096%, R.C.4511.19(A)(1)(c).  The high...

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Ohio Boating Law and Boating Under the Influence

Ohio is cracking down on impaired boaters following a report from the United States Coast Guard which says Ohio is tied with Illinois with 18 alcohol-related accidents last year and trailed only Florida and Wisconsin, which had 25 and 19 respectively.  Alcohol is the leading contributing factor in fatal boating accidents, and was the leading factor in 16 percent of recreational boating deaths last year, according to the Coast Guard. Alcohol was a factor in five boating deaths and 21 injuries in Ohio in 2011.  In response, the Ohio Department of Natural Resources’ Division of Watercraft is joining units throughout...

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Arrested for OVI in Enon? You Will Appear In The Enon Mayor’s Court

The Enon Mayor's Court is located at 363 East Main St. in Enon, Clark County, Ohio.  If you find yourself arrested for OVI in Enon, you will appear before Magistrate Stephen Hume.  Court is conducted at Wednesday evening at 6:00 p.m.  For information about the Enon Mayor's Court you can visit their website HERE or contact the Enon Mayor's Court by email atenoncourt@enonohio.com.  If you are sending a payment to the court, please use the following address: Enon Mayor's Court, PO Box 232, Enon, OH  45323 or call the Court at (937) 864-7870. OVI is a serious crime and you should seriously...

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Madison County OVI Checkpoint (6/29/12)

Madison County will have a checkpoint Friday night along U.S. Route 42 in conjunction with the London Police Department and the Ohio State Highway Patrol. It will be from 9 pm to 1 am.  If you want to receive updated information on sobriety checkpoints,  enhanced traffic enforcement, saturation patrols and other important developments that affect you, sign up for text alerts on the main page of this blog.  Text alerts will be sent directly to your mobile device/smartphone in the location you choose in the Miami Valley.  In the past month we have alerted our followers to the State Route 35 traffic initiative...

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Ohio DUI Update: State Patrol Participates in the Six-State Trooper Project

Expect to see a heightened OVI presence across six states this weekend.  Ohio State Highway Patrol troopers will join forces with other members of the 6-State Trooper Project to prevent driving while intoxicated on June 29 and 30.  The 6-State Trooper Project is a multi-state law enforcement partnership focused on providing coordinated law enforcement and security services in highway safety, criminal patrol and intelligence sharing.  The OVI enforcement initiative will include Ohio State Highway Patrol, Indiana State Police, Kentucky State Police, Pennsylvania State Police and the West Virginia State Police.  Ohio troopers will focus on high OVI-related crash areas and oversee OVI...

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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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Ohio Commercial Driver Law: An Overview

I Fight For Commercial DriversOhio Revised Code 4506.16 sets for the ways that you can be disqualified or lose your commercial driver's license.4506.16(D)(5) If you are convicted of two "serious traffic violations" within a three (3) year period, your commercial driver's license will be suspended for sixty (60) days. 4506.16(D)(6) If you are convicted of three "serious traffic violations" within a three (3) year period, you commercial driver's license will be suspended for 120 days.If you receive a conviction of any of the following, your commercial driver's license will be suspended for one year:4506.15(A)(2) You have a BAC of .04% or...

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Defending An OVI: The Hematocrit Defense

How bloody is your blood?  To answer this question we look at your hematocrit.  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...

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Ohio State Highway Patrol Announces Summer Enforcement Effort

In response to a 12 percent increase in traffic fatalities this year, the Ohio State Highway Patrol has begun a new summer-long high visibility enforcement initiative.  The OSP will employ three regional traveling tactical squads to target crash causing violations in an effort to reduce fatal and injury crashes.  The effort will use mapped crash data that identifies the days and times when crashes are occurring.  “We hope to combat the rising fatalities by patrolling areas during the days and times when they are most dangerous,” said Colonel John Born, Patrol superintendent. “However, we need the help of the motoring public...

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DUI Case Law Update: State v. Castle (Franklin County)

State v. Castle, 168 Ohio Misc.2d 6, 2012-Ohio-1937 On July 3, 2011, Floyd Castle was arrested and charged with OVI (drunk driving) and other offenses.  When the Trooper administered a chemical test he chose to conduct that test on a BAC DataMaster breath test devise instead of Ohio's newest machine the Intoxilyzer 8000.  The Trooper was qualified as a senior operator on the BAC DataMaster.  The Trooper also held an operator-access card to administer tests on the Intoxilyzer 8000.  The issue before the court is whether or not the Ohio Administrative Code, specifically O.A.C. 3701-53-09(D), allows the Trooper to conduct a...

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