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Dayton DUI Attorney Charles Rowland > Posts tagged "Driving"

Driving Is A Right – Not A Privilege!

Driving Is A Right - Not A Privilege!Have you ever been told that "driving is a privilege?" Bah! This author argues that case law needs to be expanded to include “driving” as a fundamental right under the First Amendment’s Freedom of Assembly. Thus, the analysis should be under the substantive due process analysis not simply under the procedural due process analysis.Because the human rights of freedom of movement, right to earn a living and the right to peaceably assemble are only capable of being maintained with a valid driver’s license, the Court should require a more rigorous standard before depriving...

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Driving Under Suspension: What is a 12-Point Suspension?

12 Point Suspensions Driving under suspension is a serious offense in Ohio. A violation is a first degree misdemeanor and some provisions of the law provide for mandatory jail time.  A twelve point suspension is caused by the accumulation of not less than 12 points on your driving record within a two-year period.  The suspension begins twenty days after Ohio's BMV sends you a letter putting you on notice of the suspension.  It is not usually a valid defense that the Ohio BMV sent the suspension notice to a prior address.  It is your responsibility under Ohio law to maintain a...

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Rules for Driving in an Ohio Construction Zone

Here is the law regarding increased penalties for committing an offense in a designated construction zone.O.R.C. 5501.27 Increased penalties for traffic violations in construction zone.(A) The director of transportation shall adopt rules that do the following:(1) Rules governing the posting of signs advising motorists that increased penalties apply for certain traffic violations occurring on streets or highways in a construction zone;(2) Rules governing the posting of signs to be used pursuant to section 2903.081 of the Revised Code giving notice to motorists of the prohibitions set forth in sections 2903.06 and 2903.08 of the Revised Code regarding the death of...

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Limited Driving Privileges

The Limits on Limited Driving PrivilegesRevised Code 4510.021 authorizes courts to grant "limited driving privileges." The Ohio General Assembly  has taken steps to restrict when a court can grant privileges.   A court cannot grant you driving privileges under the following circumstances: (1) If you have been charged with an OVI or OVUAC the legislature has enacted "hard-time" during which the court cannot grant you privileges.  In effect, they are acting to restrict a court from conforming with the American principle that you are innocent until proven guilty.  This author has taken the position that the ability to drive is a right...

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Ohio State Highway Patrol DUI Labor Day Effort Announced

Image via WikipediaThe Ohio State Highway Patrol announced their plans for the upcoming Labor Day holiday weekend. The Patrol will focus on removing impaired drivers from our roadways and urging motorists to think twice before getting behind the wheel while impaired. Troopers will be out in full force in an effort to reduce fatalities over the long weekend.To see more from the Ohio State Highway Patrol, visit the web site HERE. ...

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International Speeding Ticket?

European countries connect vehicle records so that automated speeding tickets cross international borders.Speeding tickets are beginning to cross international borders in Europe, thanks to the European car and driving license information system, or Eucaris. At the beginning of the year, Swiss motorists began being charged for speed camera tickets issued by French authorities. As of October, the French government had collected on a total of 10,000 citations from violations allegedly committed by vehicles registered in Switzerland. A total of 1800 tickets were issued last month alone.Prior to Eucaris, most countries had no means of collecting on automated tickets issued to...

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Ohio Contemplates Photo Enforced Speeding Tickets

Image by dotsi via FlickrOhio state House votes to use speed cameras to issue $250 -$300 tickets to freeway drivers. Ohio  passed sweeping legislation that would impose new penalties on motorists, including a statewide speed camera program. State Representative Peter S. Ujvagi (D-Toledo) inserted the controversial proposals into a "must pass" $7.6 billion transportation funding measure to avoid individual discussion of the merits of the many programs rolled into the 361-page bill. Anyone failing to pay the $250 ticket  will have his license suspended, or, in the case of out-of-state drivers, be banned from operating a motor...

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Ohio DUI: A Little Drift Justifies a Stop (State v. Mays)

Image via WikipediaThe Supreme Court of Ohio ruled last September that a momentary drift a few inches over the white line at the edge of the road is sufficient grounds for a police officer to pull over an otherwise safe driver. The ruling upheld the conviction of Christopher Mays who had been stopped by a state trooper on Route 16, a four-lane highway near Newark, on March 26, 2006."The question of whether appellant might have a possible defense to a charge of violating R.C. 4511.33 is irrelevant in our analysis of whether an officer has a reasonable and...

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Drunk Driving Winter Crackdown Announced by NHTSA

Image via WikipediaNew National Highway Traffic Safety Administration (NHTSA) research shows that between 2002 and 2006, nearly four fatalities out of 10 involved alcohol-impaired crashes in the last two weeks of December. The new study also found that 21-24 year-old drivers are involved in more alcohol-impaired fatal crashes than any other age group, announced NHTSA Acting Administrator David Kelly today.“Drunk driving is one of the most serious, and preventable, dangers we face on our roadways,” Kelly said. “Sadly, the death toll from drunk-driving crashes is higher between Christmas and New Year’s than ...

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