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drunk driving Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "drunk driving" (Page 18)

Greene County (Beavercreek) OVI Checkpoint Tonight (Sept. 11, 2012)

Law enforcement officials will conduct a rare weekday OVI checkpoint along Indian Ripple Rd., in front of the Greene from 8pm until midnight.  The  checkpoint will  be conducted by the Ohio State Highway Patrol in conjunction with local police support.  You should expect that the OVI checkpoint will be accompanied by saturation patrols.If you want to receive updated information on sobriety checkpoints,  enhanced traffic enforcement, saturation patrols and other important developments that affect you, sign up for text alerts on the main page of this blog.  Text alerts will be sent directly to your mobile device/smartphone in the location you choose in the Miami...

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Illegal Police Stops (by DaytonDUI)

Protecting You From Illegal Police Stops! The Fourth Amendment of the United States Constitution protects you against unreasonable searches and seizures, which  includes being unlawfully or illegally pulled over or stopped by law enforcement.  An officer cannot simply pull you over based on a hunch or intuition.  When a police officer observes a traffic violation, he or she is justified in initiating a limited stop for the purpose of issuing a citation.  State v. Brickman(2001), 11th Dist. No. 2000-P-oo58, 2001 Ohio App. LEXIS 2575.  The legal standard applied to traffic stops is reasonable and articulable suspicion, which means that the officer has reason to...

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Warren County OVI Checkpoint (Sept. 7, 2012)

Warren County Checkpoint Tonight The Ohio State  Highway Patrol is holding an OVI checkpoint along St. Rt. 741 near the Beach Water Park from 10 p.m. until 1 a.m.   If you want to receive updated information on sobriety checkpoints,  enhanced traffic enforcement, saturation patrols and other important developments that affect you, sign up for text alerts on the main page of this blog.  Text alerts will be sent directly to your mobile device/smartphone in the location you choose in the Miami Valley.  In the past month we have alerted our followers to the State Route 35 traffic initiative and three local sobriety checkpoints....

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What Constitutes a Felony DUI in Ohio?

Ohio has enacted two “look-back” statutes which enhance the penalties for a DUI; a six year look-back and a twenty year look-back.  This post will focus on when a DUI becomes a felony.  For a complete list of penalties for DUI offenses check out my previous article OHIO OVI PENALTIES.Six Year Look-BackIf you receive a second DUI six years from the conviction date of your first DUI, the penalties are enhanced.  Both a first and second DUI within a six year period are first degree misdemeanors which carry a maximum fine of $1,075.00 and a maximum incarceration of six (6)...

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Making Bail In Your Ohio DUI Case

When you are arrested for OVI in Ohio, the police have the discretion to release you or to hold you in a local jail. If you are released, you are given a court date and it is your responsibility to show up at the designated time and place so that your case can proceed.  Failure to do so will result in an arrest warrant being issued.  The time and place of your appearance appears at the bottom of your ticket.  There you will find the date and the address of the court  where your case will be heard.If you are...

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DaytonDUI And The Continuing Problems With the Intoxilyzer 8000

The implementation of the Intoxilyzer 8000 continues to be an embarrassment to all Ohioans.  Not only is the machine rife with problems, but the Ohio Department of Health has botched both the writing of the rules of implementation.  Now they plan on shutting down the key component of the Intoxilyzer 8000 scheme, the Breath Instrument On-line Database.  The shutdown is due to complications, missing tests and disappearing data.  This raises the question as to how the Ohio Department of Health will prove that they maintain three (3) years of data/subject tests as required by law.  Likewise, they are unable to...

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DaytonDUI and the Cowboy Code of Conduct

I came across this "Code of the West" some years ago.  It has been a constant source of guidance in both my personal and professional dealings.  Attorneys could do worse than to live by this code in our profession and our dealings with clients.Code of the West (from "Cowboy Ethics: What Wall Street Can Learn from the Code of the West" by James P. Owen) Live each day with courage. Take pride in your work. Always finish what you start. Do what has to be done. Be tough, but fair. When you make a promise, keep it. Ride for the brand. Talk less and say more. Remember that some things aren't...

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The 47 Types & 38 Causes of Nystagmus; (It’s Not Just Caused by Alcohol)

The horizontal gaze nystagmus test is an eye test approved by the National Highway Traffic Safety Administration(hereinafter NHTSA) as a tool to detect clues of impairment in drivers. The HGNtest is one of three psychomotor tests approved as part of the standardized field sobriety testing protocol employed by law enforcement officers throughout the United States and used here in Ohio. The HGN is a test of your eyes wherein the testing officer is looking for abnormal movements call saccades.  These movements make the eye appear to bounce or wobble.  The officer uses this movement to make a correlation to alcohol use.  This would valid only if we are...

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Alcohol and Energy Drinks (by DaytonDUI.com)

In 2005, the Drink Four  Brewing Company introduced Four Loko to the American malt beverage market. The name "Four" is derived from the original energy drink's four main ingredients: alcohol, caffeine, taurine, and guarana.  There are three product lines within the Four brand:Four Loko — contains either 6%, 8%, or 12% alcohol by volume (ABV), depending on state regulations, and is packaged in 23.5 oz. cans Poco Loko — contains 8% alcohol by volume (ABV), and is packaged in 16 oz. cans Four Loko in bottles — contains either 6% or 8% alcohol by volume (ABV), and is packaged in 11.2 oz. glass bottlesOriginal formulations of both beverages were a malt liquor-based, caffeinated alcoholic energy...

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Athens Judge Throws Out Intoxilyzer 8000 Rules

State v. Moore (12 TRC 1842) and State v. Montague (12 TRC 3773) Athens Municipal Court In another in a series of troubles for the implementation of Ohio's newest breath test machine, Judge Grimm in Athens County has halted use of the Intoxilyzer 8000.  Courts throughout Ohio must decide how, given this ruling, they will deal with the implementation of the machine.  The issue before the court involved the rules adopted by the Ohio Department of Health.  Specifically, the court was asked to address whether or not the Ohio Department of Health has authority to issue operator cards for the Intoxilyzer...

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