17 February

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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...

27 January

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Intoxilyzer 8000 Is Unreliable!

Posted by Dayton DUI

in DUI Law, DUI Process

Today, in State v. Heather Reid, Case No. TRC 1100716 in the Circleville Municipal Court, Judge Gary Dumm has ruled that "The State of Ohio cannot expect this Court to find the Intoxilyzer 8000 reliable when the State refuses to address known problems and explain why those problems can be ignored."The Court calls for independent laboratory testing to address the issues raised by the adoption of the Intoxilyzer 8000: RFI, sample size of the chamber, volume of the sample tested, possible operator manipulation of the results, possible CMI modifications of the software without the knowledge of ODH and slope detector...

06 October

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DUI Science: Fat vs. Thin/Man vs. Woman/Young vs. Old

Posted by Dayton DUI

in DUI Law, DUI Process

After consuming alcohol, will a fat person or a thin person have a lower BAC? Alcohol loves water and will move into spaces where water is the most prevalent. Fatty portions of the body have a low water content and absorb little of the alcohol, while muscular portions of the body have a high water content and absorb much alcohol. As it is carried to all parts of the body by the blood, the alcohol distributes itself in proportion to the water content of the various parts of the body. It is the presumed relationship between the amount of alcohol in...

10 May

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MADD Wants BAC Lowered To .05%

Posted by Dayton DUI

in Uncategorized

In what may be the harbinger of things to come, Mother's Against Drunk Driving (MADD) launched an effort in Quebec to have the legal limit dropped to .05% BAC for most drivers. Quebec indefinitely postponed a proposal to lower the maximum legal blood alcohol concentration (BAC) for driving to .05 because of very strong and widespread public opposition to the action. MADD Canada asserted that the government's action was a result of "myths" and "fear mongering" perpetrated by opponents. MADD did win one important victory in its new war on drinkers under 21; the government...

05 July

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Breathalyzers and the Body Temperature Defense

Posted by Dayton DUI

in DUI Process

Sources of Error in Breath Testing (Part One)Image via WikipediaDeviations in the normal body temperature can result in an error in the evidentiary breath test. In his article "Body Temperature and the Breathalyzer Boobytrap," 721 Mich B.J. (1982), Dr. Hlastala confirms that the normal body temperature of a healthy person may"may vary by as much as 1 degree centigrade above or below the normal mean value of 37 degrees centigrade or 1.8 degrees F from the mean value of 98.6 degrees F." The higher the body temperature, the greater the error rate of the breathalyzer machine. LaBianca...

13 April

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Urine Test Excluded; State Failed to Show Substantial Compliance

Posted by Dayton DUI

in DUI Process

Image by owlbookdreams via FlickrState v. Hoder, 4/6/2009, 2009-Ohio-1647, 9th District Court of Appeals View Court Published Official DocumentThe Defendant in this case was arrested for drunk driving and submitted to a urine test. The test was properly marked and placed in the property refrigerator. Two days later the urine test was removed and placed in a bag to be sent to the lab. It arrived at the lab two days later. The Defendant filed a motion to suppress and the court overruled his motion. Upon appeal the 9th District REVERSED finding...

09 April

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Myth Busters and the Breathalyzer Challenge

Posted by Dayton DUI

in DUI Process

The Myth Busters is one of my favorite shows. Here they take on the Breathalyzer challenge....

13 March

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Drunk Driving Fingerprint Sensors

Posted by Dayton DUI

in Uncategorized

Lumidigm, a New Mexico company, has developed fingerprint sensor that detects blood alcohol content (BAC) in suspected drunk driving cases. Lumidigm, based in Albuquerque, has developed a unique technology that can be used for detection of drunk driving in New Mexico. They initially designed a light-based scanner that takes three-dimensional images of fingerprints. The sensors, however, can be adjusted to test for the presence of alcohol emanating from the skin.The company has been testing the handheld equipment with the help of the Bernalillo County Sheriff's Department. Darren White, speaking on behalf of the sheriff’s department, is encouraged by the potential of...

12 March

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Ignition Interlock for Repeat DUI Offenders

Posted by Dayton DUI

in DUI Process

Statement of Attribution to Andrea C. Rehkamp, Executive Director, MADD Southwestern Ohio Affiliate (COLUMBUS, Ohio) – February 21, 2008 – In Ohio alone, there are 147,000 people who have been convicted of three or more DUI offenses with more than 33,000 of those people having five or more DUI convictions. Drivers who are intoxicated will continue to get behind the wheel because they can. That’s why states across the country – including Ohio – are considering legislation that requires alcohol ignition interlocks for all convicted drunk drivers. Families of victims/survivors of drunk driving, like that of William Sandlin, deserve more. Butler County resident...

27 September

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Aggravated Vehicular Homicide; State v. Hassler

Posted by Dayton DUI

in DUI Law, DUI Process

Blood Alcohol Test Taken Outside Time Limit Held Admissible in DUI Vehicular Homicide 2006-1517. State v. Hassler, 2007-Ohio-4947. Delaware App. No. 05 CAA11 0078, 2006-Ohio-3397. Judgment reversed and cause remanded. Lundberg Stratton, O'Connor, Lanzinger, and Cupp, JJ., concur. Moyer, C.J., and Pfeifer and O'Donnell, JJ., dissent. Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2007/2007-Ohio-4947.pdf(Sept. 27, 2007) Under limited circumstances, in the prosecution of a driver for aggravated vehicular homicide while “under the influence of alcohol,” Ohio courts may admit the results of a blood alcohol test taken outside the two-hour time limit for admissibility under the state's DUI statute, the Supreme Court of Ohio ruled today.The case involved the death of...

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