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Dayton DUI Attorney Charles Rowland > Posts tagged "Cincinnati"

Big Weekend For Craft Beer In Ohio

If you want to know anything about beer in Ohio, you have to check out the Beer Blog written by Rick Armon.  The Beer Blog chronicles anything and everything beer in and around Ohio.  This week he has chronicled all of the cool craft beer festivals that will take place this weekend. Here’s the beer in Ohio rundown:• The Craft Brew at the Zoo runs from 6 to 11 p.m. Saturday at the Columbus Zoo & Aquarium in Powell. There’s also a VIP session starting at 5 p.m. but that’s sold out. The event offers more than 50 craft beers, food and live music...

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OVI Case Law Update: State v. McMahon

In State v. McMahon, 12TRC-34824B, the city of Cincinnati appealed a ruling which granted a motion to suppress.  The trial court suppressed the results of McMahon’s breath test after determining that the director of health had not promulgated the necessary requirements under R.C. 3701.143 for obtaining the access card required for operation of an Intoxilyzer 8000 machine.The issue for appeal was whether the trial court correctly found that the director of health had failed to promulgate the qualifications required for the issuance of an access card to those seeking to operate an Intoxilyzer 8000 machine.  Pursuant to R.C. 3701.143, the director...

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Montgomery & Warren County OVI Checkpoint (April 19, 2013)

The Trotwood Police Department will be conducting an OVI checkpoint tonight in the area of 1001 Shiloh Springs Road beginning at 6:30 p.m.Warren County will be conducting an OVI checkpoint tonight between 10 p.m. to 2 a.m. at Ohio 741 and Courseview Drive in Mason.  Another checkpoint will be in Cincinnati.  Cincinnati’s will be 9 p.m. to 1 a.m. in the 400 block of Delta Avenue in Columbia Tusculum.If you want to receive updated information on sobriety checkpoints,  enhanced traffic enforcement, saturation patrols and other important developments that affect you, sign up for text alerts on the main page of this blog....

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Is The Smell Of Alcohol Enough To Justify Field Sobriety Testing?

Standardized Field Sobriety Tests: Is Smell Enough? Some Ohio courts have upheld determinations that the mere presence of a moderate to strong odor of alcohol, coupled with a proper initial stop, is sufficient to justify the administration of field sobriety tests. See, e.g., State v. Tackett, 2d Dist. No. 2011-CA-15, 2011-Ohio-6711 (“[t]his court has, however, repeatedly held that a strong odor of alcohol alone is sufficient to provide an officer with reasonable suspicion of criminal behavior”). See also State v. Schott, 2d Dist. No. 1415, 1997 Ohio App. LEXIS 2061 (May 16, 1997); State v. Haucke, 2d Dist. No. 99 CA...

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Stop & Sniff Case Law Update (by DaytonDUI)

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...

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Ohio DUI Law: Another Jurisdiction Dumps the Intoxilyzer 8000

Add Cincinnati to the Jurisdictions Not Relying on the Intoxilyzer 8000 It appears that the ruling from the 12th District Court of Appeals upholding the use of the Intoxilyzer 8000, despite clear language in the Ohio Administrative Code requiring a dry gas control prior to each subject test, has not saved the Intoxilyzer 8000 in nearby Hamilton County.  In May, Municipal Court Judge Melissa Powers agreed and ruled the machine must be cleared after each breath test. Her ruling threw OVI prosecutions within Cincinnati into limbo because defense attorneys used it to attack drunk-driving allegations made using that machine.  Cincinnati City Prosecutor Charlie...

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Ohio Troopers Provide 24/7 Patrols of Major Urban Areas

Beginning June 3, the Ohio State Highway Patrol will staff 24/7 operations in Hamilton, Cuyahoga and Franklin counties.  See full story. The State Highway Patrol is expanding its presence in Ohio's three largest metropolitan areas to crack down on dangerous driving with around-the-clock operations at posts near Cincinnati, Cleveland and Columbus for the first time in its nearly 80-year history.  The patrol already has posts providing full-time coverage for other urban areas like Akron, Dayton, Toledo and Youngstown.  Agency officials expect the changes to reduce crash fatalities and increase the results from what's known as criminal patrol, which includes drug...

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Beer Festivals in Ohio

Rick Armon at the Beer Blog has compiled a list of Ohio's beer festivals.  Some such as the International Beer Fest in Cleveland and the Cincy Winter Beerfest in Cincinnati will draw thousands. Others such as the Frozen Falls Beer Festival in Garrettsville and the Celebration of the Hop in North Olmsted will attract hundreds.  You can find a continuously updated version of this list at the Beer Blog.  Have fun and enjoy a beer festival near you. • Saturday: The Columbus Winter Beerfest at the Greater Columbus Convention Center. The event will feature more than 50 breweries and 250 beers.• Jan. 28: The Montessori School of...

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Blood, Breath & Urine Testing In Ohio: The Three Hour Rule

Help your attorney defend your case by creating a credible time-line of events. R.C. 4511.19(D) sets forth a three-hour time limitation for the collection of bodily substances for alcohol and/or drug testing.  This rule is a change from Ohio's previous law which gave the State only two hours in which to obtain a sample.  The time requirement has been adopted by the Ohio Supreme Court in Cincinnati v. Sand, 43 Ohio St.2d 79, 330 N.E.2d 908 (1975) and more definitively at Newark v. Lucas, 40 Ohio St.3d 100, 532 N.E.2d 130 (1988),  where the court held that tests in test cases (cases involving a violation of...

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Ohio BMV Reinstatement Offices

You can pay your reinstatement fee by visiting any of the following BMV REINSTATEMENT OFFICES: CINCINNATI 10948 Hamilton Avenue Cincinnati, Ohio 45231 (513) 742-7535 or (513) 742-7545 CLEVELAND 12000 Snow Road, Suite N Parma, Ohio 44130 (440) 845-2007 COLUMBUS 1583 Alum Creek Drive Columbus, Ohio 43209 (614) 752-7600 JACKSON 110 Twin Oaks Drive Jackson, Ohio 45640 (740) 286-5683 TOLEDO 4400 Heatherdowns Blvd. Toledo, Ohio 43614 (419) 245-3010 YOUNGSTOWN Northeast Ohio Regional Service Center 242 Federal Plaza West Youngstown, Ohio 44503 (330) 797-5550...

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