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Dayton DUI Attorney Charles Rowland > Posts tagged "drugged driving"

Drugged Driving – Dude, I’m Injured Not Stoned

DRUGGED DRIVING - IS THIS PERSON INJURED OR STONED? When a law enforcement officer comes upon a crash scene he or she may suspect illicit drug use. Their training, the  National Highway Traffic Safety Administration manual and common sense dictate that no suspicion of drug use be  assumed without evidence. When a case involves medical problems, a drug investigation (DRE, drug recognition expert evaluation) should not be performed. This is the rule per NHTSA. The government wants to avoid confusing possible drug use with the observations really being medical issues. Where the NHTSA manual states in a situation like this, "your primary...

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Medical Marijuana Rules Proposed

As frequent followers of this page, you know that the medical marijuana regulations are now being developed. Here are the highlights from the proposed rules and regulations.You can learn more about driving and Marijuana laws in this video.  Read the full list HERE.Patients wanting to use medical marijuana in Ohio's new program would have to pay a $50 annual fee for their membership card. The fee would be $25 for veterans or people who receive federal disability benefits. Caregivers and patients would register with the Ohio State Board of Pharmacy and receive an ID card to buy marijuana at retail...

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Central Nervous System Depressants and Drugged Driving

CNS Depressants and Drugged Driving The category of CNS Depressants includes some of the most commonly abused drugs. Alcohol – the most familiar drug of all – is abused by an estimated 40-50 million Americans. Most Of Us DrinkSlightly more than half of Americans age 12 or older reported being current drinkers of alcohol in 2014 (52.7% of the population). This translates to an estimated 139 million people. Source: Behavioral Health Trends in the United States: Results from the 2014 National Survey on Drug Use and Health (NSDUH, September 2015)Depressants Are Widely AbusedDepressant drugs consistently rank among the most widely...

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Drug Lawyer – Ohio Marijuana Law and OVI [Video]

https://youtu.be/SgNQzYEvAcM  DRUG LAWYER - Ohio has adopted one of the toughest and least popular marijuana impairment laws in the country. This post will provide an overview of how other states have dealt with the issue. Zero Tolerance vs. Per Se Every state has laws dealing with alcohol-impaired driving and drug-impaired driving. But unlike the laws for alcohol-impaired driving, those that address drug-impaired driving are nuanced, difficult to enforce and prosecute and vary substantially by state. In addition to general impairment laws, there are two basic laws that states tend to use when addressing drug-impaired driving:Zero Tolerance laws make it illegal to drive with...

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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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Drugged Driving Defense: What Does The State Have To Prove

Drugged Driving Defense - It Can Happen To You! You are getting older. So you are prescribed DrugX by your physician.  You take DrugX responsibly, but a police officer stops you and because you exhibit some evidence of impairments (bloodshot eyes or constricted pupils..). The officer arrests you for drugged driving and the prosecutor allows the officer to testify as to the effects of DrugX.  With the "expert" testimony of the officer a jury finds you guilty. Is the officer's opinion enough, or must the State prove that the impaired driving was caused by DrugX? [Ed. note: Call Drugged Driving Defense Lawyer...

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Thanks Miami Valley NORML

On May 16th, I was honored to speak to Miami Valley NORML about how to properly handle a police interaction.  I was also able to pledge the continued support of myself and my office in helping to end the scourge of drug war arrests and make marijuana legal in Ohio. I have devoted most of my professional life to ending the failed War on Drugs.  The speech focused on many ways to know and exercise your rights.This may be the year that Ohio joins other states in re-legalizing marijuana. Miami Valley NORML is an indispensable partner in making this happen....

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Ohio State Highway Patrol – Ohio’s Drug Warriors

A state law passed in 2012 banned knowingly possessing hidden compartments in vehicles that are designed to conceal elicit drugs or evidence. The Ohio State Highway Patrol has used this law in their role as Ohio's leading drug warriors. Since 2012, OSP has tallied 24 cases of hidden compartment violations and counting.  Punishments are steep with charges ranging up to a second degree felony.  In addition, the car is crushed.If you are involved in a traffic stop, expect that the trooper is looking to convert the stop into a drug investigation.  Drug citations growing! More than 7,000 violations were tallied in...

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Ohio OVI Enforcement Statistics Year-To-Date

The Ohio State Highway Patrol has released year-to-date statistics on its Ohio OVI Enforcement.  2014 saw 2,100 arrests for OVI.  There was an increase in 2015 to 2,367 arrests.  Greene County saw arrests jump from 25 in 2014 to 47 this year. Montgomery County jumped from 58 arrests in 2014 to 72 this year. In Clark County the OSP arrested 26 people by this time in 2014 and 32 so far this year.2015 looks like a bad year to forget to wear your seatbelt with a huge jump of 8,278 arrest vs 6,796 last year. Drug arrests are also significantly up...

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Ohio DUI Law: Is Smell of Marijuana Sufficient?

Marijuana Is the odor of enough to justify a police search or arrest and can an officer make a valid determination based on just a smell?Attorney Charles Rowland answers common marijuana and OVI charge questions in this video. A peer-reviewed journal article, entitled “Marijuana Odor Perception: Studies Modeled From Probable Cause Cases”, published in Law and Human Behavior, (Vol. 28, No. 2, April 2004) explains that “The present findings throw into question, in two specific instances, the validity of observations made by law enforcement officers using the sense of smell to discern the presence of the drug. Although these instances reflect a...

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