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driving while impaired Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "driving while impaired"

Ruling Could Doom Ohio Stoned Driving Rules

 Stoned driving laws took a hit this week when Arizona ruled that per se limits on marijuana could not be applied.Ohio has adopted a draconian impairment law that punishes drivers for having a metabolite of marijuana in their system.  In effect that means that you are stoned driving if you smoke or ingest marijuana the metabolite "hydroxy-THC" that will remain in your body long after the "high" has dissipated.  This means that you may be "impaired" for purposes of the law, but not in any way be impaired by the drug.  If you visit Colorado to legally use recreational marijuana...

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OVI or DUI (Which is right?)

The current version of Ohio's impaired driving law is O.R.C. 4511.19, is entitled "Operating vehicle under the influence of alcohol or drugs - OVI."  This is the same offense which is also known as DUI (driving under the influence), OMVI (operating a vehicle impaired), DWI (driving while intoxicated) or drunk driving.  The Ohio General Assembly changed the acronym to connote the broadening of the law from simply alcohol impairment to any drug (or condition?) which may impair.  The term "operate" also has a broader definition than that of "driving."  For example, if a driver is found behind the wheel of...

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DUI Case Law Update: State v. Castle (Franklin County)

State v. Castle, 168 Ohio Misc.2d 6, 2012-Ohio-1937 On July 3, 2011, Floyd Castle was arrested and charged with OVI (drunk driving) and other offenses.  When the Trooper administered a chemical test he chose to conduct that test on a BAC DataMaster breath test devise instead of Ohio's newest machine the Intoxilyzer 8000.  The Trooper was qualified as a senior operator on the BAC DataMaster.  The Trooper also held an operator-access card to administer tests on the Intoxilyzer 8000.  The issue before the court is whether or not the Ohio Administrative Code, specifically O.A.C. 3701-53-09(D), allows the Trooper to conduct a...

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Drunk Driving Billboards Are Meant to Instill Fear

Here is a DUI billboard which is appearing right now in Austin, Texas.  The stated goal of the NHTSA (drunk driver detection) training that police officers undergo is to instill fear of arrest in the public.  Is it a good idea to make every citizen fear the police?  What kind of impact does this have on law enforcement?  It is the position of Charles M. Rowland that people who live in a free country should not be intimidated by their police force.  Further, the cause of eliminating impaired drivers is hurt when there is a wide-spread perception that officers are...

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