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Dayton DUI Attorney Charles Rowland > Posts tagged "drunk driving" (Page 2)

OVI Science: A Quick Explanation of Henry’s Law

OVI science is a term used to describe the myriad disciplines of science involved in the defense of OVI (drunk driving cases). Here is a quick explanation of Henry's Law.If you have ever opened a cold beer you are familiar with Henry’s Law.  As the drink is poured small gas bubbles escape into the atmosphere.  Why? It is due to the decrease in pressure caused by opening the bottle and the increased if you pour the liquid into a glass which is hotter than the refrigerated beer bottle.We can use OVI science to attack the operation of Henry’s Law in...

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State Patrol Seat Belt Law Campaign: What Is The Seatbelt Law?

Troopers Will Ticket You For Seat Belt Law Violations Starting Monday! On Monday (May 18, 2015) the Ohio State Highway Patrol will begin a seat belt law enforcement blitz targeting drivers and passengers who are not buckled up. The seat belt crackdown is part of the national Click It or Ticket campaign.What makes this an interesting push by troopers is Ohio's seatbelt law (O.R.C. 4513.263 ) is a secondary offense, meaning that a trooper has to have another reason for pulling you over. Primary seat belt laws allow law enforcement officers to ticket a driver or passenger for not wearing a seat belt,...

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The Phase Two Finger Dexterity Test

Can you do the Finger Dexterity Test? There are three distinct phases to an alcohol investigation. The first phase involves the officer's observation of a person's driving. It is called the "Vehicle In Motion" phase. The ultimate determination in this phase is whether or not the officer will initiate a traffic stop.  Phase one of the investigation ends when the driver stops the car.Phase two, the "Personal Contact Phase" begins when the officer comes into contact with the driver.  The officer is trained to look, listen, and smell for cues of impairment. The ultimate decision in this phase is whether or...

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Top 10 Defenses to an Ohio OVI

When people need an Ohio OVI Attorney, the biggest challenge is knowing whether or not an attorney truly has the skills, knowledge, training, tools, resources, and strategies that are needed to successfully resolve and win drunk driving cases. Countless attorneys handle impaired driving cases,  but only a very small percentage have the skills, knowledge, training, tools, resources, and strategies that are needed to successfully resolve and win cases. Unfortunately for the public, even attorneys who have been practicing law for many years and devote a significant portion of their practice to OVI law, often don’t have the skills, knowledge, training,...

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Changes To The 2013 NHTSA Standardized Field Sobriety Test Manual

There is a new NHTSA Standardized Field Sobriety Test training manual and it is significantly changed from prior versions.  Included is the new focus of law enforcement on impairing drugs.  The new information lays the groundwork for full implementation of the Drug Recognition Expert protocol now making its way into Ohio law. This article will focus on the changes in a format that follows the NHTSA Standardized Field Sobriety Test training manual text, session by session.  Full versions of the NHTSA DUI training manual are available at various sources on the internet.  This article incorporates the work of various authors and...

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We Are Proud To Be Your Clark County DUI Defense Firm

We are proud to be your Clark County DUI Defense Firm! Babb & Rowland is proudly located in Fairborn, Ohio at 2190 Dayton-Yellow Springs Dr.  You can find us at Exit 20 (the Fairborn High School Exit) just off I-675.  Our offices are conveniently located near our Clark County clients and just a 10-15 minute drive from downtown Springfield.  You can find us on the web at www.SpringfieldDUI.com or www.SpringfieldOVI.com.  Charles M. Rowland II has regularly appeared in the Clark County Municipal Court representing the accused drunk driver since 1995.  We can lay claim to the title “Springfield’s DUI Law Firm” because...

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How To Cheat On The Finger To Nose Test

The finger to nose test is making a comeback.  In 1977, a study was conducted by the National Highway Traffic Safety Administration wanted to see if the tests being conducted by police officers were actually indicative of impairment.Marcelline Burns and Herbert Moskowitz conducted laboratory evaluations of several of the tests that were most frequently-used by law enforcement officers at the time (Burns and Moskowitz, 1977). In addition to a variety of customary roadside tests (e.g., finger-to-nose, maze tracing, backward counting), the researchers evaluated measures of an autonomic reaction to central nervous system depressants, known as Horizontal Gaze Nystagmus.Out of the...

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Is It A Crime To Refuse To Take A Breath Test?

Is it a crime to refuse to take a breath test? Ohio has adopted O.R.C. 4511.19(A)(2) which makes it a crime to refuse to take an evidentiary chemical test if you have a prior OVI (drunk driving)  or OVUAC (juvenile/underage drunk driving) conviction any time within the last twenty (20) years.  If you refuse and you have a prior within twenty (20) years then the penalties for your OVI offense will be double the mandatory minimum. (See generally the "Penalties" section of the DaytonDUI blog).Professional drivers who refuse to take a breath test face a separate crime if they do not...

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