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drunk driving Tag

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

DWI, DUI, OMVI, OVI, Drunk Driving – Is There Any Difference?

DWI, DUI, OMVI, OVI, Drunk Driving - Is There Any Difference? Spoiler Alert: DWI, DUI, OMVI and OVI all mean the same thing.  Operating a vehicle under the influence alcohol violates Ohio Revised Code 4511.19. Colloquially, the most common way to describe drunk driving is by referring to it as a DUI. In addition, news organizations use the term DWI. DWI (driving while impaired) is also frequently used to describe drunk driving. Here in Ohio we don't use DWI, DUI or OMVI to describe the legal charge.  In 1982, Ohio enacted a law that refers to driving under the influence of alcohol or drugs...

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Binge Drinking and College Culture – Dayton DUI

Binge Drinking - What Is The Problem? Some opponents of alcohol consumption target the problem of binge drinking on college campuses. While there is no consensus on what "binge drinking" is, we know that college students do a lot of it. Binge drinking is the current target of temperance proponents. It is blamed for everything from sexual assaults to deaths from consumption. When a person consumes heavily, with the intention of achieving intoxication above .08% BAC, they are "binge drinking" according to critics. 74.4 percent of the time they are doing it with beer. (Nami, et.al. 2004). Wine bingers are rare....

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Felony DUI – Aggravated Vehicular Homicide

Felony DUI - Aggravated Vehicular Homicide Felony DUI -Aggravated Vehicular Homicide, O.R.C. 2903.06, is a crime that results from the death of another caused by the defendant’s operating a vehicle while impaired. (a violation of R.C. 4511.19 -OVI) You can also be charge for driving negligently or recklessly under the law. The aggravated vehicular homicide statute encompasses driving an automobile recklessly or negligently (called vehicular homicide) whether or not alcohol played a part in the death. Often, defendants are indicted for multiple counts, with additional counts for each victim of the accident. Felony DUI - Penalties The penalties for an Aggravated Vehicular Homicide...

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Springfield OVI – What To Expect

A first offense Springfield OVI is defined at O.R.C. 4511.19 as a DUI with no priors within 6 years.  A first offense OVI can be charged in three ways.  The first charge is caused by testing over the legal limit of .08% B.A.C. (example O.R.C. 4511.19(A)(1)(d)).  These types of offenses are also referred to as “per se”  violations. A second way to be charged is for violating the high-tier provision of Ohio’s OVI law.  Ohio has also created a per se “high-tier” limit of .17% BrAC, sometimes referred to as a SUPER-OVI.  The per se high-tier limits for a first offense OVI are set forth at O.R.C. 4511.19(A)(1) (f) The...

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OVI Attorney Ethics Rule 1.1 – Competence

What is the first ethical rule for a OVI attorney?  It iss set forth at the American Bar Association - Model Rules of Professional Conduct, Rule 1.1. This is the rule regarding competence.  It states, "A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation."  OVI cases are among the most complex because of the scientific elements of the case. As your attorney, I must be familiar with the statutory and case-made law regarding OVI. In addition I must have a working knowledge of: the NHTSA standardized field sobriety...

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Less OVI Checkpoints, More OVI Arrests

Did you notice there were less OVI checkpoints this year? Ohio State Highway Patrol troopers made the decision to change from an OVI checkpoint strategy, to a more concentrated OVI patrol strategy.  So, how many OVI arrests did the Ohio State Highway Patrol make over night Dec. 31 into Jan. 1 in our area?  Numbers from a 12-county area, including Montgomery and Miami counties, shows 19 OVI offenses. Those numbers include: 7 from the Dayton post that covers Montgomery and Preble counties; 2 from the Springfield post for Clark and Champaign counties; 3 from the Xenia post in Greene County; 6 from the Piqua...

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Ignition Interlock Bill Is Reintroduced

"Annie's Law" a bill that would require ignition interlocks for all first-time OVI (drunk driving) offenders is being reintroduced in the Ohio House. State Rep. Gary Scherer's new bill focuses on improving monitoring of ignition interlock devices and provides incentives for first-time offenders choosing to use an interlock device. There also are provisions to require notification when a device registers a failed attempt and possibly extending the use of the device for a failed attempt. The expensive ignition interlock system requires a person to exhale into it to test the breath for alcohol content. If the content is above the device’s programmed limit, it...

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Alcohol On Your Breath? So What!

Have we reached a point where the mere presence of alcohol on the breath is enough to place a person under arrest?  We ask this question because the "odor of an alcoholic beverage" is the first and most relied upon clue an officer notes in his or her report.  Not only does it determine that the driver has been drinking but provides legal justification (reasonable suspicion) for continuing the stop for a DUI/OVI investigation.  Courts allow an officer to testify as to the odor and the strength of that odor as a basis for continuing the detention. See State v. Evans,...

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