02 September

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DUI Science Upheld in Alaska

Image by drurydrama (Len Radin) via FlickrAlaska Supreme Court overturns law designed to stop presentation of medical evidence regarding alcohol absorption in DUI cases.The Supreme Court of Alaska on Friday upheld the right of defendants to present scientific evidence at trial in cases involving driving under the influence of alcohol (DUI). In 2004, the state legislature sought to muzzle defense attorneys who cited medical evidence on alcohol absorption rates in a way that would have undermined conviction rates.Douglas Valentine had challenged his own June 18, 2005 DUI arrest. Fairbanks Police Sergeant Dan...

03 August

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DUI Position Paper of the National Motorists Association

Posted by Dayton DUI

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The NMA supports drinking and driving regulations based on reasonable standards that differentiate between responsible, reasonable behavior and reckless, dangerous behavior. The NMA does not support "zero tolerance" concepts, nor does it endorse unconstitutional enforcement and judicial procedures that violate motorists' rights. Basic TenetsWe believe that penalties for DUI/DWI should be related to the degree of risk involved, and that these penalties be equated with penalties for equal-risk violations of other traffic safety laws. We support those legislative and enforcement initiatives that are effective in achieving stated goals of deterrence and removal of impaired drivers. We do not support initiatives based on revenge,...

08 January

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DUI Science: The Fallacy of the Average Person

Posted by Dayton DUI

in DUI Process, Uncategorized

One of the greatest sources of error in blood-alcohol testing is consistently recurring fallacy that the individual tested is perfectly average in certain critical physiological traits. Put another way, obtaining an accurate blood-alcohol reading is completely dependent on the validity of a number of scientific assumptions. Unfortunately for the person being tested, these assumptions are usually incorrect: The person tested is rarely "average" in even one of these critical characteristics, let alone in all of them.Counsel in a DUI case will constantly be confronted by these almost-hidden assumptions. And it is very important that these false premises be brought out...

06 August

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Breathalyzers Discriminate Against Women

Posted by Dayton DUI

in DUI Process

Cases Give New Life to Defense that DUI Test Unfair to Women by Sylvia Hsieh, Lawyers Weekly, page 3, April 28, 2003: "A little-used defense argument in DUI cases could be revived in light of two recent verdicts from Georgia acquitting female drivers.The defense lawyers in both cases argued that a common breath-analysis machine used to measure the driver's blood-alcohol level, the Intox 5000, discriminates against women. Billy Spruell, the defense attorney in one of the cases, told Lawyers Weekly USA that the argument is "not unique" to Georgia. "Different versions of...

18 July

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Ohio Troopers Cheated on DUI Exam

Posted by Dayton DUI

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[caption id="" align="alignright" width="200" caption="Troopers Cheated"][/caption]'The Ohio State Highway Patrol does not tolerate inappropriate behavior." Col. Richard Collins, patrol superintendent, said this in April before the patrol fired two troopers at the Sandusky post who had pulled a racist "prank."Collins should say it again — and act accordingly, now that 12 troopers, including nine from the Canton post, have been implicated in a cheating scandal. The patrol's latest problem damages its credibility even more than the April incident did.The Sandusky situation was bad enough: One trooper had dressed as Ku Klux Klansman while...

03 July

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Forced Blood Draws (Is This America?)

Posted by Dayton DUI

in DUI Process

Holiday DUI suspects risk forced blood test -- Court's OK likely if breath exam is refusedTHE COLUMBUS DISPATCHSuspected drunken drivers won't be able to "just say no" to blood-alcohol tests in Columbus over the Fourth of July holiday weekend.Police have set up a "no-refusal weekend," meaning that anyone who refuses to take a breath-analysis test will face a blood test instead, courtesy of two local judges on call to sign warrants.Officers will take suspects to a local hospital to await the warrant and the blood draw.Ohio law requires blood to be drawn within three...

13 March

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Drunk Driving Fingerprint Sensors

Posted by Dayton DUI

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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...

14 March

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Working Hard to be the Best DUI Attorney in Ohio

Posted by Dayton DUI

in DUI Process

At least until September, I am the only Ohio attorney certified on the newest version of the BAC DataMaster and the Intoxilyzer 8000. Couple this with the fact that my National Patent training included the new DataMaster DMT, and I am fairly confident in my ability to understand your breath test and apply the best scientific defense available. I am busting my ass to be the best DUI attorney that I can be. If you want an attorney who will work amazingly hard to win your case, contact me today at 937-879-9542 or 1-888-769-5263. ...

23 June

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F.A.A. Issues Rule on Pilots and Alcohol Use

Posted by Dayton DUI

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[caption id="" align="alignright" width="83"] Image via Wikipedia[/caption]Originally Published on Aeronet Fri, 23 Jun '06It's now a matter of law. The FAA Thursday issued a long-awaited final ruling on alcohol and drug abuse, under which a pilot who either refuses a drug or alcohol test at the airport, or is found with a blood-alcohol content of more than .04-percent, will lose his medical certificate.The same rules would apply to air traffic controllers, as well. The rule also standardizes the deadline for reporting positive tests or refusals.The changes go into effect July 21, 2006. The new rules were met with opposition from the...

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