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Dayton DUI Attorney Charles Rowland > Posts tagged "arresting officer"

OVI Trial Practice: Admission of the Alcohol Influence Report

The Alcohol Influence Report is a document prepared by the arresting officer noting each and every indicator for alcohol impairment that they took note of in their investigation.  Most of the forms require that the officer simply check the predetermined indicator.  Not surprisingly, all the officer's observations fall neatly into these predetermined areas. The report is a document of the officers opinions and should not be considered routine ministerial reports of a non-adversarial nature.   Clearly, letting the jury have this document as evidence to review in the jury room would be prejudicial to an OVI defense.Evidence Rule 803(8) excludes...

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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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DUI Trial Techniques (Voir Dire)

If you see me trip over a crack in the sidewalk, you would consider me to be clumsy or uncoordinated.  If, however, you trip over a crack in the sidewalk you are much more likely to blame the crack.  The same is true for most people. This discrepancy is called the actor–observer bias.In social psychology, the fundamental attribution error (also known as correspondence bias or attribution effect) describes the tendency to over-value dispositional or personality-based explanations for the observed behaviors of others while under-valuing situational explanations for those behaviors. The fundamental attribution error is most visible when people explain the...

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Distracted Driving or Drunk Driving?

Often, an officer's testimony of erratic driving is the most devastating piece of evidence against a person charged with DUI.  Just as often, DUI defense attorneys will overlook this evidence or make the decision not to cross examine on the issue, lest attention of the bad driving be highlighted before the jury.  This article will examine ways to attack "bad driving" and place it in a proper context so that the jury will see the defendant's actions as normal.Distracted driving has become a major issue in America.  Newer cars are loaded with complex audio systems, compact disc changers, navigation systems,...

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