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Dayton DUI Attorney Charles Rowland > Posts tagged "defenses to an ovi"

Are You Hot? You Had Better Tell Your OVI Attorney

Sometimes having an experienced OVI attorney can make all of the difference.Breath testing equipment assumes that ALL people have an expired breath temperature of a constant 34 degrees centigrade and a constant body temperature of 37 degrees centigrade.  So, what happens if these assumptions are just a little off?The BAC will register 8.62% higher than normal for each degree that the breath temperature is above normal. So, a person registering a breath test of .143% with a body temperature of 104 degrees fahrenheit would actually have a BAC of .106%.  This means quite a bit as many prosecutors would be...

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Tell Your Ohio OVI Attorney That You Are ADD/ADHD

If you are afflicted with adult ADD/ADHD make sure to raise the issue with your OVI Attorney. 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 theAmerican 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...

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The Problems With Portable Breath Tests (by DaytonDUI)

In possibly the best article you will ever read on portable breath testing, DUI attorneys Justin McShane and Josh Lee describe the portable breath test devises which are used by the Ohio State Highway Patrol as a "potentially dangerous, non-specific and non-selective measures at roadside."  You can find the article HERE and in the Voice for the Defense. The Problems of Fuel Cell Devices1.1. Lack of Specificity20 for EthanolAs PBTs are used for purportedly forensic purposes, their specificity for ethanol becomes a critical factor. The electrochemical detector is not specific for ethanol.21 Indeed, there is “much evidence to show” they are actually not...

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