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Dayton DUI Attorney Charles Rowland > Posts tagged "drunk driving" (Page 30)

Driving Under the Influence of Ecstasy

Driving Under the Influence of Drugs in Ohio"Ecstasy," 3,4-Methylenedioxymethamphetamine (MDMA) is popular among recreational drug users ages 17-25 who take the drug to experience heightened responsiveness to intimate touch, increased sexual stimulation, increased energy, elevated self-esteem and euphoria.  Several recent studies have attempted to define MDMA/ecstasy impairment:Nichols, "Differences Between the Mechanism of Action of MDMA, MBB and the Classic Hallucinogens, Identification of a New Therapeutic Class: Entactogens," 18 J. Psychoactive Drugs 305 (1986); Parrott & Lasky, "Ecstasy (MDMA) Effects Upon Mood and Cognition: Before, During and After a Saturday Night Dance," 139 Psychopharmacology, 261 (1998); McCann et al., "Cognitive Performance in (+3,4-Methylenedioxymethamphetamine...

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Intoxilyzer 8000 Can Be Challenged In Court

An Athens County judge's ruling in an OVI case has opened the door for defense attorneys to challenge the Intoxilyzer 8000 in court and may signal the death of a controversial 1984 Supreme Court decision which ruled that the machines were not open to challenges from accused defendants.  Judge William A. Grim found that while the Intoxilyzer's results do meet the minimum standard for admissibility, defense attorneys should be allowed, on a case-by-case basis, to use expert witnesses to attack the results.  Judge Grim also found reason to suspect that radio interference from cellphones can skew...

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Texting While Driving Is Illegal in Ohio

With the passage of H.B. 99, Ohio has joined other states in banning receiving or transmitting text messages while driving. The bill prohibits a person from driving a motor vehicle, trackless trolley, or streetcar on any street, highway, or property open to the public for vehicular traffic while using an electronic wireless communications device to write, send, or read a text-based communication. R.C. 4511.204(A)The bill defines ʺelectronic wireless communications deviceʺ to include a wireless telephone, text‐messaging device, personal digital assistant, computer, or any other substantially similar wireless device that is designed or used to communicate text. R.C. 4511.204(D)(1)  ʺWrite, send,...

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Dayton DUI Law: The GERD Defense

Regurgitation and Reflux are not the same thing!  Reflux is the movement of ethanol vapor back up the esophagus from the stomach which has the ability to contaminate a breath sample.  The defendant who suffers from Gastroesophageal Reflux Disease (GERD) will not exhibit outward signs of distress or other signs which a breath testing technician would likely notice.  The surging ethanol vapor can cause an elevated reading on an evidential breath testing device.  The elevated test can appear following a valid and conscientious observation period.  Because the evidential breath testing device cannot distinguish contaminated air from deep-lung alveolar air, it...

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Intoxilyzer 8000 Finding Opposition Throughout Ohio and Beyond

In an article in the Athens News (click HERE), the newspaper outlines the latest developments in the attacks on the implementation of the Intoxilyzer 8000 breath test machine.  Apparently, the Ohio Department of Health is not providing a rousing defense of the machine.  Quoting from the article, "Toy noted that in both the Athens and Pickaway County cases, ODH official Mary Martin testified on behalf of the agency, but that Dumm's ruling says her testimony given that she has no scientific background isn't sufficient basis to validate the Intoxilyzer's findings as trial evidence." Up till now, prosecutors...

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Are We One Step Closer to Killing State v. Vega?

Most challenges to a breath testing instrument in Ohio are limited by a 1984 Ohio Supreme Court ruling (State v. Vega) that held that once the Ohio Department of Health certifies a machine, it becomes valid and the defendant loses the ability to argue defenses based on the underlying science of the machine.  This author has made it a long-standing goal to fight this case and has done so for over 10 year.  Well, a case out of Athens may represent a crack in the dam.  The story is from the Columbus Dispatch.Breath-tester’s reliability challenged in hearingSaturday, May 28, 2011...

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Microbial Contamination of the Blood Draw

With recent changes in Ohio OVI law, attorneys should expect more blood test cases. Blood cases present the opportunity for multiple scientific defenses, but only if we recognize them and present them in a coherent manner before our judges.  Many of these scientific defenses can arise from problems in the blood draw.  If the blood draw is flawed microorganisms may contaminate the blood sample.  If this happens sugars (natrually present in the blood) can be converted into ethanol, resulting in a fasley high test.  Candida albicans is a yeast that lives on just about everything and is resistant to most...

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Getting Lucky During Plea Negotiations

Is there an amulet that will help you get better deals in plea negotiations?According to The Good Luck Book, by Bill Harris,  Beryl is your best bet if you are soon to be engaged in a negotiation with a unscrupulous or conniving individual.  Wearing or carrying a piece of beryl will help you be mannerly and congenial and gain the understanding of your opponent.  Holding the piece of beryl in your hand and concentrating on your desired outcome seems to do the trick.  The history behind using beryl dates back to fifth century Ireland where spheres of beryl...

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Ohio DUI Law: Failure to File a Motion To Suppress

Should You File A Motion to Suppress?In State v. Thomas, 2011-Ohio-1987 (2nd Dist. Ct. App. 2011), the Defendant was convicted of felony OVI after a jury trial.  No motion to suppress was filed and it was determined during the jury trial that the officer wasn't sure whether he turned off his overhead lights during the horizontal gaze nystagmus portion of the standardized field sobriety tests, but stated that it was normal to do so.  An argument exists that doing the test in this manner should result in suppression of the test as the phenomenon of optokinetic...

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MADD Wants BAC Lowered To .05%

In what may be the harbinger of things to come, Mother's Against Drunk Driving (MADD) launched an effort in Quebec to have the legal limit dropped to .05% BAC for most drivers.  Quebec indefinitely postponed a proposal to lower the maximum legal blood alcohol concentration (BAC) for driving to .05 because of very strong and widespread public opposition to the action.  MADD Canada asserted that the government's action was a result of "myths" and "fear mongering" perpetrated by opponents.  MADD did win one important victory in its new war on drinkers under 21; the government...

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