28 February

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DUI Divorce Issues

DUI Divorce Issues DUI divorce issues are common. If you are involved in a custody dispute, or have a vindictive spouse who would like to start one, a DUI conviction can be used against you in domestic relations court. In addition, automatic license suspensions may make it difficult to exercise visitation with your children. You may also find a court who will refuse to let you transport the children due to a DUI conviction. This increases the cost or difficulty in seeing your kids. If you are seeking an adoption, a DUI conviction may be used against you by an investigating...

05 September

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OVI Trial Practice: Admission of the Alcohol Influence Report

Posted by Dayton DUI

in DUI Law

The Alcohol Influence Report is a document prepared by the arresting officer noting each and every indicator for alcohol impairment that they took note of in their investigation. Most of the forms require that the officer simply check the predetermined indicator. Not surprisingly, all the officer's observations fall neatly into these predetermined areas. The report is a document of the officers opinions and should not be considered routine ministerial reports of a non-adversarial nature. Clearly, letting the jury have this document as evidence to review in the jury room would be prejudicial to an OVI defense.Evidence Rule 803(8) excludes...

16 January

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Changes To Ohio’s Field Sobriety Test Manual – Part One

Posted by Dayton DUI

in Uncategorized

Ohio has adopted a new Field Sobriety Test manual as of 2013. This post is part of a multi-article look at the Field Sobriety Test manual changes.1. Let's Change The Name The first change to the Field Sobriety Test manual is the name. Prior to this year the training class for law enforcement officers studying the Field Sobriety Test regimen was called A.D.A.P. (Alcohol and Drug Awareness Program) and used the National Highway Traffic Safety Administration "manual." The new class will simply be called Field Sobriety Test or SFST class and will use a "guide."Remaining from the previous training materials is...

18 December

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Drugged Driving Defense: The ARIDE Program

Posted by Dayton DUI

in Drugs & Alcohol

Drugged Driving defense attorneys are going to have to learn about the ARIDE program. The National Highway Traffic Safety Administration’s ARIDE course is described as a bridge between the Standardized Field Sobriety Test (SFST) and Drug Recognition Expert (DRE) courses. ARIDE, which stands for Advanced Roadside Impaired Driving Enforcement, is a 16-hour course that claims to teach officers how to look for signs of drug impairment (drugged driving) during traffic stops. The SFST program trains officers to identify and assess drivers suspected of being under the influence of alcohol, while the DEC/DRE program provides more advanced training to evaluate suspected...

11 December

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Ohio DUI Defense: The Top 10 DUI Defenses

Posted by Dayton DUI

in DUI Process

Your Ohio DUI defense attorney should be familiar with these "TOP 10" defenses to an Ohio DUI.1. Hire The Best DUI Attorney: The most important decision that you can make in defending your case is hiring the right Ohio DUI defense attorney. Ohio DUI defense involves understanding Ohio's DUI law, the Ohio Administrative Code, the breath test device, standardized field sobriety testing (administration and interpretation) and all manners of science which may affect your case. Ohio DUI defense begins with an attorney who has the experience to fight your case, the scientific knowledge to attack in the right places, and the skill...

12 August

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Ohio DUI Laws: An Overview

Posted by Dayton DUI

in DUI Law, DUI Process

This post collects together in one place many of the Ohio DUI Laws that arise in drunk driving cases. Some Ohio DUI laws are listed because law enforcement will charge these offenses to establish probable cause for pulling over your vehicle. If you need to find out more about a specific law, or how the statute has been interpreted or applied, call Charles M. Rowland II at (937) 318-1384 or read about the specific Ohio DUI law at the Ohio DUI Law Blog.Operating a Vehicle Impaired (OVI); O.R.C. 4511.19 This is Ohio's drunk driving statute (Ohio's DUI law). It is a...

06 August

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Ohio OVI Law: The Habitual Offender Registry

Posted by Dayton DUI

in Drugs & Alcohol, DUI Law, DUI Process

Ohio OVI law states that you can't be a chronic alcoholic and drive in Ohio. Ohio driver's license laws forbid the issuance of a driver's license to, or the retention of a license by, a person who is "alcoholic, or is addicted to the use of controlled substances to the extent that the use constitutes an impairment to the person's ability to operate a motor vehicle with the required degree of safety" (Ohio R.C. 4507.08(D)(1). Such persons will be placed on Ohio's Habitual Offender Registry.If you have an OVI conviction after September 30, 2008 and you have four or more prior OVI (or equivalent) convictions in...

19 June

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OVI or DUI (Which is right?)

Posted by Dayton DUI

in DUI Law, DUI Process

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...

04 June

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Arrested for OVI in Dayton, Ohio? (by DaytonDUI)

Posted by Dayton DUI

in Ohio Cities, Ohio Counties

If you are arrested for drunk driving in the City of Dayton, your misdemeanor DUI case will be heard in the Dayton Municipal Court. The Dayton Municipal Court is located at 301 West Third Street Dayton, Ohio 45402. You can visit the Dayton Municipal Court’s website at: www.DaytonMunicipalCourt.org. Office hours for the Clerk of Court are 8:00am to 4:30pm, Monday through Friday, excluding holidays, for the acceptance of case filings and payments. Parking, Traffic and Criminal payments can also be paid online at www.PayMyFine.org. A full list of contact numbers is available on the Court’s website and the Clerk can...

13 May

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“No Refusal” OVI Checkpoints – What Are They?

Posted by Dayton DUI

in Checkpoints

What is a "No Refusal" OVI Checkpoint? Watch this video produced by WKEG / WRGT to learn all about it. Look for an interview of me, Charles Rowland, at 1:18 into the segment."No Refusal" OVI Checkpoints are sobriety checkpoints that stop every single car to make sure that drivers are not impaired. If you are suspected of driving drunk. you will have to take a breathalizer test or a judge or prosecutor, who are on standby, will issue a warrant for you to take a blood alcohol test. Get notified before the next OVI checkpoint in Ohio. ...

Drunk driving in the United States Tag

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