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DRE Tag

Drugged Driving Defense Requires Experience

Drugged Driving - Driving under the influence of drugs is the next generation of OVI enforcement in Ohio. In 2014, 10 million people aged 12 or older reported driving under the influence of illicit drugs in the past year. It's hard to measure how many crashes drugged driving causes. After alcohol, marijuana is the drug most often linked to drugged driving. It has become a priority of the Ohio State Highway Patrol.  Here are some studies suggesting why they are focusing on this issue.According to the 2012 National Survey on Drug Use and Health (NSDUH), an estimated 10.3 million people aged...

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DUI Defense: How Much Do You Know About Drugs?

One of the most important aspects of modern DUI defense is knowing how to defend the alleged drug-impaired driver.  With increased focus on the drugged driver, DUI attorneys must have good resources at their disposal.  One of the best resources I have found is the Drug Enforcement Agency's Drugs of Abuse Resource Guide. It gives up-to-date information about both illegal and prescription drugs and allows you to explore effects and interactions.As one of the first Drug Recognition Expert trained DUI defense attorneys, I have manual after manual that gives detailed information about drug interaction.  I know the methodology law enforcement employs...

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How To Cheat On The Finger To Nose Test

The finger to nose test is making a comeback.  In 1977, a study was conducted by the National Highway Traffic Safety Administration wanted to see if the tests being conducted by police officers were actually indicative of impairment.Marcelline Burns and Herbert Moskowitz conducted laboratory evaluations of several of the tests that were most frequently-used by law enforcement officers at the time (Burns and Moskowitz, 1977). In addition to a variety of customary roadside tests (e.g., finger-to-nose, maze tracing, backward counting), the researchers evaluated measures of an autonomic reaction to central nervous system depressants, known as Horizontal Gaze Nystagmus.Out of the...

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Rowland To Train As Drug Recognition Expert

Later this month, Charles M. Rowland II will receive certification in the latest techniques of the Drug Recognition Expert protocol now being used across the nation.  Rowland will be among the first attorneys in Ohio to receive this certification which will make him uniquely suited to defend drives accused of driving while impaired by illegal or prescription drugs."More and more, we are seeing an increase in drug trafficking cases. The Ohio State Highway Patrol has become much more aggressive in using a traffic stop as a pretense to do an extensive search for illegal drugs," Rowland said.  These stops frequently...

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What Is Wrong With The HGN? (by DaytonDUI)

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.When an officer asks you to follow his pen, he is performing the horizontal gaze nystagmus test.  Nystagmus is defined as the oscillation of the eyeball that occurs when there is a disturbance of the vestibular system or the oculomotor control of the eye.  The nystagmus the...

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Ohio OVI: Standardized Field Sobriety Tests & Marijuana

State v. Dixon, 2007-Ohio-5189 (Ohio Ct. App. 12th Dist. Clermont County 2007).More and more, we are seeing law enforcement officers arrest drivers on suspicion of operating a vehicle under the influence of marijuana.  Often, an officer will request a urine test for marijuana after a defendant has blown substantially under the per se alcohol limit on a breath test machine.  This raises questions about the proper determination of probable cause.  If, for example, no alcohol was suspected how did the officer arrive deduce enough evidence to make an arrest? Were the standardized field sobriety tests administered to detect alcohol or...

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Ohio OVI Law: The Coming DRE Expert

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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