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Dayton DUI Attorney Charles Rowland > Posts tagged "drunk driving" (Page 16)

Halloween DUI Crackdown (by Dayton DUI)

The Ohio State Highway Patrol has announced a DUI enforcement initiative as part of the Drive Sober or Get Pulled Over campaign which will coincide with the Halloween holiday.  79 local law enforcement agencies have planned more than 1,700 hours of enforcement as well as at least 14 checkpoints and more than 1,000 hours of saturation patrols around the state.  As Halloween gains in popularity as a celebration, police are vigilant in patrolling the highways for impaired drivers. “There isn’t a Halloween costume clever enough to hide a drunk driver who’s made the dangerous decision to get behind the wheel,” said...

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Montgomery County Municipal Court (by Dayton DUI)

On September 8, 2010, Montgomery County Area One and Area Two Courts officially became the Montgomery County Municipal Court.  There will be two divisions of the Montgomery County Municipal Court, a Western Division located in New Lebanon at 195 S. Clayton Rd., New Lebanon, Ohio 45345, and an Eastern Division located in Huber Heights at 6111 Taylorsville Rd., Huber Heights, Ohio 45424.   Many people refer to the Montgomery County Municipal Court (Eastern Division) as the Huber Heights Municipal Court, but the court’s jurisdiction is larger, covering regions in north-east Montgomery County including the city of Riverside, Ohio.  The Judges serving the Montgomery County Municipal Court (Eastern Division) are the Honorable James D....

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New Carlisle, Ohio OVI Checkpoint (October 26, 2012)

The Clark County OVI Task Force will conduct a sobriety checkpoint to deter, and intercept drunk drivers.  The checkpoint will be held on Friday, October 26, 2012.  The checkpoint will be located at 603 S. Main St. in New Carlisle and the checkpoint will be starting at 9:00 p.m. in the evening.In addition, the Ohio State Highway Patrol will be conducting an OVI Checkpoints in Cuyahoga and Lorain Counties this weekend.  At this time we have no additional checkpoints planned in the Miami Valley.If you want to receive updated information on sobriety checkpoints,  enhanced traffic enforcement, saturation patrols and other important developments that affect...

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Stop & Sniff Case Law Update (by DaytonDUI)

In Kirtland Hills v. Medancic, 2012-Ohio-4333, a recent case out of the Eleventh District Court of Appeals, the Court reaffirmed the principle that just because a police officer smells alcohol on a driver does not mean that the police officer has reasonable and articulable suspicion to continue the detention of the driver and/or remove that driver to administer standardized field sobriety tests.  One of the major decision points in the OVI arrest process is the officer’s decision to remove a suspect from his or her car and conductstandardized field sobriety testing. The officer is trained to arrive at this “decision point” by conducting an interview and...

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Ohio DUI Law: Reasonable and Articulable Suspicion

What Level of Proof Does Law Enforcement Need to Pull You From Your Car For Standardized Field Tests? One of the major decision points in the OVI arrest process is the officer’s decision to remove a suspect from his or her car and conduct standardized field sobriety testing. The officer is trained to arrive at this “decision point” by conducting an interview and using specific “pre-exit interview techniques” which include asking for two things simultaneously; asking interrupting or distracting questions; and asking unusual questions. (NHTSA Student Manual VI-4).  Additional techniques which an officer may employ include and Alphabet test (begin with...

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Probation (by DaytonDUI)

Most OVI (drunk driving) cases in Ohio are misdemeanor offenses which are litigated in a Municipal Court.  Given the multiplicity of Municipal Courts in the state, your probation experience may differ, but this article will address the generalities of probation (now called 'community control').  As always, please consult your OVI attorney about the court your case will be heard.  You attorney will give you information specific to your case.  This is an example of where your attorney's experience with the court is important.What is probation?The Municipal Court's Probation Department oversees all persons placed on probation as the result of a...

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Arrested for OVI in Bellbrook, Ohio?

If you are arrested on suspicion of OVI (drunk driving) in Bellbrook, Ohio, your misdemeanor case will be heard in the Xenia Municipal Court.  Xenia Municipal Court is located on the second floor of Xenia City Hall, 101 N. Detroit Street, Xenia, Ohio.  This building is located just to the south of the Greene County Courthouse in downtown Xenia. Hours are 7:30 a.m. until 4:30 p.m. on Mondays, Tuesdays & Wednesdays.  Hours are 7:30 a.m. until 4:00 p.m. on Thursdays and Fridays.  As of January 1, 2008, Night Court services are no longer provided.  You can contact the Court at (937) 376-7290Fax: (937) 376-7288.  The Bellbrook Police...

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Standardized Field Sobriety Tests: The One Leg Stand Test

The Standardized Field Sobriety Tests (SFST) are a battery of three tests administered and evaluated in a standardized manner to obtain validated indicators of impairment and establish probable cause for arrest. These tests were developed as a result of research sponsored by the National Highway Traffic Safety Administration (NHTSA) and conducted by the Southern California Research Institute. A formal program of training was developed and is available through NHTSA to help law enforcement officers become more skillful at detecting DWI suspects, describing the behavior of these suspects, and presenting effective testimony in court. Formal administration and accreditation of the program is provided through the...

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Get Your Ohio Online Driving Records (by DaytonDUI)

The Ohio Bureau of Motor Vehicles has created a system to access your driving record on-line.  The system permits drivers to obtain a record of all convictions within the past two years. The driving record will also reflect all open suspensions or revocations. Drivers are reminded that Ohio Revised Code (ORC 4510.037) provides that the Registrar of Motor Vehicles is required to impose a license suspension on all drivers who accumulate 12 points on their records during any two-year period. A list of points charged for various offenses can be found in ORC 4510.036.  Click HERE to access your unofficial driving record. To...

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Lawyer Up! Invoke Your Right To Remain Silent (by DaytonDUI)

The Fifth Amendment to the U.S. Constitution provides that no person shall be compelled in any criminal case to be a witness against himself.  At trial, the prosecution can neither call the defendant as a witness, nor comment on the defendant's failure to testify.  Whether to testify or not is exclusively the privilege of the defendant. Harris v. N.Y., 401 U.S. 222,225 (1971).  Outside the context of detention or arrest, a person has no duty to answer any questions of police at all; and if judicial compulsion is sought by the State, the person still can invoke his Fifth Amendment...

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