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Dayton DUI Attorney Charles Rowland > Posts tagged "drunk driving" (Page 33)

Standardized Field Sobriety Tests: Validity

WHEN ARE THE STANDARDIZED FIELD TESTS VALID? The standardized field sobriety tests, as set forth in the National Highway Traffic Safety Administration Student Manual (Feb. 2006 ed.), are described in Session VIII.  The NHTSA manual provides the standards upon which every law enforcement officer is trained.  One important piece of information about standardization is included in the manual which may help the DUI practitioner provide context to a jury.Perhaps the most important statement about standardization can be found at VIII-19 which states: IT IS NECESSARY TO EMPHASIZE THIS VALIDATION APPLIES ONLY WHEN:THE TESTS ARE ADMINISTERED IN THE PRESCRIBED STANDARDIZED MANNER THE STANDARDIZED CLUES...

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Kettering Municipal Court, Information and Contacts

If you are arrested on suspicion of  OVI (drunk driving) in Centerville, Kettering, Moraine or Washington Township, your DUI case will be heard in the Kettering Municipal Court.   The Honorable Thomas Hannah and the Honorable Robert Moore serves as judges of the Kettering Municipal Court.  The Kettering Municipal Court, located at 2325 Wilmington Pike, Kettering, Ohio 45420 serves a population of over 117,000.  The court is open Monday through Friday, 8:30 am -- 4:30 pm and can be reached at (937) 296-2461.  You can access KMC on the web at www.KetteringMunicipalCourt.com.  Arrested in Moraine? Your case may be scheduled in...

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DUI LAW: Once There Was A Place Called Camelot

Image by Mr Mo-Fo via FlickrDON'T LET IT BE FORGOT, THAT ONCE THERE WAS A SPOT, FOR ONE BRIEF SHINING MOMENT, THAT WAS KNOWN AS CAMELOT. In State v. Homan, 89 Ohio St.3d 421, 2000-Ohio-212, 732 N.E.2d 952 (2000),  the Ohio Supreme Court ruled in favor of requiring the government to strictly comply with the standardized testing procedures set forth in the National Highway Traffic Safety Administration (hereinafter NHTSA).  NHTSA is the government agency tasked with determining what quasi-scientific tests are indicative of alcohol impairment.  The court concluded that "even minor deviations from the standardized procedures can severely...

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Miamisburg Municipal Court Information

www.MiamisburgDUI.com If you are arrested on suspicion of OVI (drunk driving) in Miamisburg, West Carrollton, Germantown, German Township or Miami Township, your misdemeanor DUI case will be heard in the Miamisburg Municipal Court.  The Honorable Robert E. Messham, Jr. has presided over the Miamisburg Municipal Court since 1989. John F. Kolberg serves as the Court's Magistrate.  The Miamisburg Municipal Court, located at 10 N. First Street, Miamisburg, Ohio 45342, serves a population of over 80,000 and handles in excess of 15,000 cases per year.  The court is open Monday through Friday, 8:00...

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Eaton Municipal Court, Preble County, Ohio

The Eaton Municipal Court is located at 1199 Preble Dr., Eaton, Ohio.  The jurisdiction of the court covers all of Preble County, Ohio and has been served by the honorable Paul D. Henry for many years.  You can access the court's web site here, or contact them by phone at  (937) 456-4941 or fax at (937) 456-4685.  The court's public access/case information is available here.  If you have been arrested for OVI in Eaton, or anywhere in Preble County, you can post bond at the Eaton Police Department after-hours and on weekends at 328 N. Maple St., Eaton, Ohio 45320. Charles...

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Ohio OVI Law: What is an Arraignment?

The first hearing in an Ohio DUI case is the arraignment.  Ohio arraignments are governed by Rule 8 of the Ohio Traffic Rules (Traf. R. 8).  The purpose of the arraignment is to assure that the accused is aware of the charges against him or her, and that the accused is made aware of his or her rights. (Traf. R. 8(B)) At this hearing, the court will, in open court, read the charge and ask the defendant to enter a plea.  Prior to asking for a plea the arraigning judge must be satisfied that the accused understands (1) the right...

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Alcohol Tests Under Heightened Scrutiny

The following article, by Andy Coghlan appeared today's version of New Scientist. [HERE]  It represents possible scientific defenses to blood and urine alcohol tests.  Dayton DUI attorney Charles M. Rowland II is committed to learning as much as possible about scientific advances in DUI defense.  He is currently the only attorney in the State of Ohio to be certified in Forensic Sobriety Assessment. Fail an alcohol test and you could lose your job. But confidence is draining from the blood and urine tests that are supposed to show conclusively whether someone has been drinking – and the US ...

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Out of State DUI Consequences

Question: I was visiting Ohio when I received an OVI charge; what will happen to my out-of-state license? Ohio (and 45 other states) are members of the Driver's License Compact, an agreement wherein member States communicate the fact of a conviction for DUI to the "Home State". The "Home State" then takes action against the licensee under its own laws. Forty-five States are currently members of the Interstate Compact.  Michigan and Wisconsin are not part of the DLC.   Under all but a few geographical exceptions, it will be impossible for an out of State resident to avoid serious consequences in their...

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Ohio DUI Alert from Breathalyzer Manufacturer

The following is the response provided by N.P.A.S. regarding Ohio's decision to employ roadside breath testing instruments.  N.P.A.S. is the manufacturer of the BAC DataMaster breath testing machines. We have received many requests for information regarding the Ohio Department of Health's apparent decision to purchase products designed for mobile evidential breath testing in Ohio.We believe our instruments, made in Ohio by Ohio workers, suppliers, engineers and tradesman are the most reliable, and precise instruments in the industry, whether they are deployed at the roadside or in a station.Here is our take on mobile testing in Ohio.  Van applications (i.e. ...

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DUI Law: Challenging a Forfeiture

Image by lovelypetal via FlickrFORFEITURE, WHAT IS THE LAW? If you are convicted of any of the following the State of Ohio can, pursuant to O.R.C. 4503.234,  order a forfeiture of your vehicle:a third OVI w/in 6 years (O.R.C. 4511.19(G)(1)(c)(v)); any felony OVI (O.R.C. 4511.19(G)(1)(d)(v) and 4522.29(G)(1)(e)(v)); a third offense of driving under suspension (O.R.C. 4510.11(C)(4)); a third offense of driving under an OVI suspension (O.R.C. 4510.14(B)(3)(d)); a third of subsequent offense w/in 5 years of driving under an FRA suspension (O.R.C. 4510.16(B)(2)); a third or subsequent wrongful entrustment (O.R.C. 4511.203(C)(3)); operating or permitting the operation of a vehicle in violation of an immobilization order  (O.R.C....

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