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Dayton DUI Attorney Charles Rowland > Posts tagged "drunk driving" (Page 21)

Ohio Commercial Driver Law: An Overview

I Fight For Commercial DriversOhio Revised Code 4506.16 sets for the ways that you can be disqualified or lose your commercial driver's license.4506.16(D)(5) If you are convicted of two "serious traffic violations" within a three (3) year period, your commercial driver's license will be suspended for sixty (60) days. 4506.16(D)(6) If you are convicted of three "serious traffic violations" within a three (3) year period, you commercial driver's license will be suspended for 120 days.If you receive a conviction of any of the following, your commercial driver's license will be suspended for one year:4506.15(A)(2) You have a BAC of .04% or...

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Defending An OVI: The Hematocrit Defense

How bloody is your blood?  To answer this question we look at your hematocrit.  The hematocrit is the number expressing the cell volume of blood (the size and number of red blood cells in proportion to the rest of the blood).  As humans, we all have a natural variation in our hematocrit.  Healthy men have a natural variance from 40.7% to 50% and healthy women have a natural variance from 36.1% to 44.3%.  The hematocrit level is a moving target.  Illness, hydration and stress can cause variations in the hematocrit level. The hematocrit level affects all breath tests by governing how...

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DUI Case Law Update: State v. Castle (Franklin County)

State v. Castle, 168 Ohio Misc.2d 6, 2012-Ohio-1937 On July 3, 2011, Floyd Castle was arrested and charged with OVI (drunk driving) and other offenses.  When the Trooper administered a chemical test he chose to conduct that test on a BAC DataMaster breath test devise instead of Ohio's newest machine the Intoxilyzer 8000.  The Trooper was qualified as a senior operator on the BAC DataMaster.  The Trooper also held an operator-access card to administer tests on the Intoxilyzer 8000.  The issue before the court is whether or not the Ohio Administrative Code, specifically O.A.C. 3701-53-09(D), allows the Trooper to conduct a...

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Calibration of the Intoxilyzer 8000, O.A.C. 3701-53-04

The revised Ohio Administrative Code section 3701-53-04 incorporates the new rules for calibrations of the Intoxilyzer 8000. See O.A.C. 3701-53-04(B) as set forth below.  The "new" standards "automatically perform a dry gas control test before and after every subject test and instrument certification using a dry gas standard traceable to the national institute of standards and technology (NIST).  The dry gas results "are valid when the results are at or within five one-thousandths (0.005) grams per two hundred ten liters of the alcohol concentration on the manufacturer's certificate of analysis for that dry gas standard. A dry gas control result which...

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The Partition Ratio Defense; Do We Share a Lung?

Is your lung the same as mine?  The breath test machine assumes that it is.  While scientific studies suggest that lung physiology can have a significant impact on breath alcohol testing, Hlastala, "The Impact of Lung Physiology on Breath Alcohol Testing," 1 DWI Journal: Law and Sciences 5, 31-48 (November/December 1986), the breath testing machines assume that all lungs are the same.  It is assumed for purposes of breath alcohol analysis that a person will exhale air at an average temperature of 34 degrees C.  At that assumed temperature, 2100 milliliters of alveolar air (deep lung air) is assumed to...

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Ohio DUI Law: Is Duress An Affirmative Defense To An OVI?

Duress was asserted as an affirmative defense in Cleveland v. Chambers, 1984 WL 5006 (Ohio Ct. App. 8th Dist. Cuyahoga County 1984).  In that case, the accused was robbed in a parking lot and told to "get out of here" by the perpetrator who took the extra step of following him in a separate car.  The police found the defendant when he subsequently crashed his car.  The defendant was charged with OVI.  Even under these extreme circumstances, the court found the defendant's apprehensions "did not create a circumstance where [he] had no control over his actions nor where he was...

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Memorial Day OVI Checkpoints [updated for 5/26]

SATURDAY UPDATES INCLUDING DAYTON'S NO-REFUSAL CHECKPOINT LOCATION Wow! There is so much activity that you should check back as we plan to update this post as we receive information about checkpoints in and around the Miami Valley.  We post the locations and times of checkpoints to aide in the effort to cause people to plan ahead before finding themselves in a compromising or dangerous situation.  State officials say the goal of checkpoints is more about awareness than arrests.  Multiple OVI checkpoints will be held in the area this holiday weekend as part of a fight against alcohol-related crashes for which the...

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Miami County OVI Checkpoint Nets Three (3) OVI Arrests

As reported in local news stories [here], the recent Miami County OVI checkpoint resulted in three arrests for OVI.  The checkpoint which was set up in Piqua, Ohio along County Road 25A near I-75 stopped 300+ cars.  Members of the Ohio State Highway Patrol were out in force for "All Out Day" in advance of increased patrols for Memorial Day. You can expect increased vigilance during the build up to the holiday.  If you are accused of driving while impaired, please contact attorney Charles M. Rowland II at (937) 318-1384 or 1-888-ROWLAND. Related articlesMiami County Checkpoint Nets Three Arrests (daytondui.com) Miami County...

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Infrared Spectroscopy and the Falsely High Breath Test (by DaytonDUI)

The Intoxilyzer 8000 operates using the scientific principle of infrared (IR) spectroscopy, which identifies molecules based on the way they absorb infrared (IR) light.  More specifically, when molecules in a breath sample are exposed to IR light the way they vibrate changes due to the bending of the (C-O, O-H, C-H, C-C) bonds.  Each type of bond absorbs light at a known wavelength, thus the amount of IR absorption identifies a substance as ethanol and how much ethanol is in the sample.But here’s the rub…  The machine can identify any compound containing a methyl group molecular structure as ethanol thereby...

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Ohio State Highway Patrol Announces “All Out” Initiative

May 18th is "All Out" Day for the Ohio State Highway Patrol The Ohio State Highway Patrol will be conducting an “All Out Day” on May 18, in which all sworn officers from all ranks will be patrolling Ohio roads in an effort to reduce fatal and injury crashes. The initiative, which serves as a high visibility enforcement effort, is not only a deterrent for crash causing violations, but also calls attention to dangerous driving behaviors.  Troopers warn Ohio motorists that, "with the onset of warm weather and an increase in fatalities, it is more important than ever to make sure motorists are...

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