07 November

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Driving Under the Influence of ADD/ADHD (by DaytonDUI)

To be diagnosed with ADD/ADHD, a person has to demonstrate an inability to complete divided-attention testing. In 2009, the Centers for Disease Control reported that 9.5 percent of children in the United States had ADHD, up from the previous survey. The trend has not gone unnoticed amongst the insurance industry who reported at the 162 annual meeting of the American Psychiatric Association in May 2009 that:28 percent of adult drivers with ADHD reported receiving a citation withing the prior twelve months. 34 percent reported being in an auto collision. 44 percent reported either a citation or a collision.The standardized field sobriety tests...

30 October

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Miami Valley Municipal Court Finder (by Dayton DUI)

Posted by Dayton DUI

in Ohio Cities, Ohio Counties

If you are arrested for OVI in the Miami Valley, your case will most likely be heard in a municipal court. Click on the below links to access the municipal court's web site . If you need to find a qualified OVI attorney, check out www.DaytonDUI.com or contact Charles M. Rowland II HERE.Montgomery County Municipal CourtsMontgomery County Municipal Court (Eastern Division) Montgomery County Municipal Court (Western Division) Dayton Municipal Court Kettering Municipal Court Oakwood Municipal Court Miamisburg Municipal Court Vandalia Municipal CourtGreene County Municipal CourtsFairborn/Beavercreek Municipal Court Xenia Municipal CourtClark County Municipal Court (covering all of Clark County, Ohio)Clark County Municipal CourtMiami County Municipal Court (covering all of...

29 October

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Will I Have “Party Plates?” (by DaytonDUI)

Posted by Dayton DUI

in DUI Process

If you thought that public shaming was a barbaric practice relegated to the distant past, you have not been driving through Ohio. Ohio was the first state in the country to adopt a form of public humiliation by adopting special license plates for drunk driving offenders. Use of the "scarlet letter" plates became mandatory in 2004. O.R.C. 4507.02(F)(2) and 4503.231. These bright yellow plates with prominent red lettering (often referred to as party plates) are an indelible record of your offense and will not be easily forgotten by friends, family, customers and clients. At DaytonDUI we are opposed to "branding,"...

29 October

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Centerville Wins Big In Ohio Supreme Court (by DaytonDUI)

Posted by Dayton DUI

in Ohio Cities

The Ohio Supreme Court ruled in a 7 – 0 decision that Centerville may utilize a tax-increment financing plan (TIF) to assist with the development of the 268 acres known as the Dille Property, located both north and south of I-675 at Wilmington Pike. This decision ends more than five years of legal battles waged by Sugarcreek Township against the City of Centerville, and reversed an earlier ruling by the Second District Court of Appeals.TIFs are public financing tools, established by the state of Ohio, used to make public improvements to an area to create jobs and improve local economies....

24 October

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Stop & Sniff Case Law Update (by DaytonDUI)

Posted by Dayton DUI

in DUI Law

In Kirtland Hills v. Medancic, 2012-Ohio-4333, a recent case out of the Eleventh District Court of Appeals, the Court reaffirmed the principle that just because a police officer smells alcohol on a driver does not mean that the police officer has reasonable and articulable suspicion to continue the detention of the driver and/or remove that driver to administer standardized field sobriety tests. One of the major decision points in the OVI arrest process is the officer’s decision to remove a suspect from his or her car and conductstandardized field sobriety testing. The officer is trained to arrive at this “decision point” by conducting an interview and...

12 October

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Ohio OVI Law: Ignition Interlock Devices FAQ

Posted by Dayton DUI

in Uncategorized

Q. What is the law?Ohio's Ignition Interlock Device Law is set forth at Ohio Revised Code 4501.45(E), which states: “Ignition interlock device” means a device certified by the director that connects a breath analyzer to a motor vehicle’s ignition system, that is constantly available to monitor the concentration by weight of alcohol in the breath of any person attempting to start the motor vehicle by using its ignition system, and that deters starting the motor vehicle by use of its ignition system unless the person attempting to start the vehicle provides an appropriate breath sample for the device and the...

11 October

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Standardized Field Sobriety Tests: The One Leg Stand Test

Posted by Dayton DUI

in DUI Law

The Standardized Field Sobriety Tests (SFST) are a battery of three tests administered and evaluated in a standardized manner to obtain validated indicators of impairment and establish probable cause for arrest. These tests were developed as a result of research sponsored by the National Highway Traffic Safety Administration (NHTSA) and conducted by the Southern California Research Institute. A formal program of training was developed and is available through NHTSA to help law enforcement officers become more skillful at detecting DWI suspects, describing the behavior of these suspects, and presenting effective testimony in court. Formal administration and accreditation of the program is provided through the...

09 October

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Lawyer Up! Invoke Your Right To Remain Silent (by DaytonDUI)

Posted by Dayton DUI

in Uncategorized

The Fifth Amendment to the U.S. Constitution provides that no person shall be compelled in any criminal case to be a witness against himself. At trial, the prosecution can neither call the defendant as a witness, nor comment on the defendant's failure to testify. Whether to testify or not is exclusively the privilege of the defendant. Harris v. N.Y., 401 U.S. 222,225 (1971). Outside the context of detention or arrest, a person has no duty to answer any questions of police at all; and if judicial compulsion is sought by the State, the person still can invoke his Fifth Amendment...

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. ...

03 October

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Ohio OVI Law: The Coming DRE Expert

Posted by Dayton DUI

in Drugs & Alcohol, DUI Law

Ohio is making the transition to using the Drug Recognition Expert protocol in apprehending and prosecuting impaired drivers. DRE refers not only to the officers themselves, but to the 12-step procedure that these officers use. DRE was developed by police officers from the Los Angeles (California) Police Department. In 1979, the Drug Recognition program received the official recognition of the LAPD. On October 22, 2010, Ohio became the 48th state to be accepted into the International Association of Chiefs of Police's (IACP) Drug Evaluation and Classification Program (DECP). Once approved by the IACP's DECP Highway Safety Committee, Ohio was eligible to...

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