08 October

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Greene County Jail, Greene County Adult Detention Center (by DaytonDUI)

There are two "jails" in Greene County which are run under the authority of the Greene County Sheriff's Department. The Greene County Jail is a 130 bed, full-service facility built in 1969. You may hear this facility called the "old" jail or the "downtown" jail as it is located at 77 E. Market St., Xenia, Ohio, behind the Greene County Court of Common Pleas. You can call the Greene County Jail at 937-562-4842.The second, newer facility is the Adult Detention Center located at 2295 Greenway Blvd., Xenia, Ohio 45385. The ADC (as it is known) is a 236 bed minimum/medium...

05 October

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Fight Your Marked Lanes Violations, O.R.C. 4511.33 (by Dayton DUI)

Posted by Dayton DUI

in Uncategorized

The National Highway Traffic Safety Administration (NHTSA) has developed a guide for detecting drunk drivers. In that guide, NHTSA identifies 24 "clues" that potentially impaired drivers exhibit. Many of those "clues" relate to the driver's ability to maintain proper lane position. Your attorney should aggressively defend your driving and point out to a judge or jury other possible causes of weaving such as: texting, eating, telephone calls, conversations with other passengers, changing the radio station, stretching, or fatigue may account for the driving.Your DUI defense lawyer should also be prepared to argue that your weaving may not violate Ohio law. ...

24 September

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DUI In Xenia, Beavercreek or Fairborn? An Overview of Greene County Courts

Posted by Dayton DUI

in Ohio Cities, Ohio Counties

If you are arrested for DUI/OVI in Greene County, Ohio you will appear in one of the following courts.Greene County Court of Common Pleas: The Greene County Court of Common Pleas is located at 45 N. Detroit St., Xenia, Ohio 45385 in the historic Greene County Courthouse. The Court is responsible for felony level offenses (including felony level OVI offenses, Aggravated Vehicular Homicide and Aggravated Vehicular Assault cases) arising in Greene County, Ohio. The Greene County Court of Common Pleas is presided over by the Honorable Stephen A. Wolaver (937) 562-5218, and the Honorable Michael A. Buckwalter (937) 562-5217. For information...

17 September

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Proof Beyond All Reasonable Doubt And Other Closing Arguments (by DaytonDUI)

Posted by Dayton DUI

in DUI Law

Imagine that you woke up with a sore throat. It persists throughout the day and into the next. As the week drags on you feel worse and worse and your wife demands that you go to the doctor. You hate doctors, but you feel so lousy that you agree to get your throat checked out. When you arrive you fill out the requisite forms and wait longer than you feel is necessary. Just as you are nearing your boiling point a nurse calls your name and leads you into a small room. You tell her that you've had a sore...

24 August

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The 47 Types & 38 Causes of Nystagmus; (It’s Not Just Caused by Alcohol)

Posted by Dayton DUI

in Uncategorized

The horizontal gaze nystagmus test is an eye test approved by the National Highway Traffic Safety Administration(hereinafter NHTSA) as a tool to detect clues of impairment in drivers. The HGNtest is one of three psychomotor tests approved as part of the standardized field sobriety testing protocol employed by law enforcement officers throughout the United States and used here in Ohio. The HGN is a test of your eyes wherein the testing officer is looking for abnormal movements call saccades. These movements make the eye appear to bounce or wobble. The officer uses this movement to make a correlation to alcohol use. This would valid only if we are...

17 July

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DUI Blood Tests: Whole Blood vs. Serum/Plasma

Posted by Dayton DUI

in DUI Process

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...

29 April

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DaytonDUI, Defending a Breath Test Case

Posted by Dayton DUI

in DUI Process

"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 "...

18 April

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Admissibility of the Standardized Field Sobriety Tests – Statutory Rules

Posted by Dayton DUI

in DUI Law

Ohio Revised Code 4511.19(D)(4)(b) sets forth the law on admissibility of the standardized field sobriety tests in Ohio. It reads, in pertinent part: (b) In any criminal prosecution or juvenile court proceeding for a violation of division (A) or (B) of this section, of a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, or of a municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum...

16 April

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“Hiding the Ball” in Ohio DUI Cases

Posted by Dayton DUI

in DUI Law

ODH and the Disappearing Intoxilyzer 8000 RecordsOne of the proposed benefits of the adoption of the Intoxilyzer 8000 was to be the consolidation of breath test records in one place. Previously, breath test records were maintained by the individual police departments. Implementation and maintenance of the Intoxilyzer 8000 is the responsibility of the Ohio Department of Health and specifically the ODH's Bureau of Alcohol and Drug Testing. The Ohio Department of Health has started a web site containing all information about breath tests in the state, called the Breath Instrument Data Center. [HERE] Records were to be available on-line and...

30 March

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DUI Case Law Update: State v. Houck

Posted by Dayton DUI

in Case Law, DUI Law

State v. Houck, 2011-Ohio-6359, In State v. Houck, the Fifth District Court of Appeals upheld a decision of the lower court on defendant's Motion to Suppress. The issue involved an arrest for OVI which was made after an officer alleged the defendant was weaving within his lanes and crossing the center line ONCE. Just one problem. When the video was viewed at the motion to suppress hearing, no weaving and no crossing of the center line was observed. "In this case, the video tape introduced at trial affirmatively demonstrates Appellee’s vehicle did not appear to swerve back and forth and does not...

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