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Dayton DUI Attorney Charles Rowland > Posts tagged "drunk driving" (Page 37)

Ohio OVI Law: State v. Lewis (ALS Remains)

State v. Lewis, 187 Ohio App.3d701, 2010-Ohio-2872 Verdial Lewis was found not guilty of OVI in a trial in the Hamilton County Municipal Court.  Upon finding the defendant not guilty, the court terminated the (ALS)  administrative license suspension that was imposed for the driver's refusal to submit to a chemical test.Upon appeal, the 1st District Court of Appeals, in an opinion written by Judge Sylvia S. Hendon held that a not guilty verdict on a charge of OVI did not permit termination of the (ALS) automatic license suspension of a motorist's driver's license for having refused to submit to a chemical...

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Miami Valley Sobriety Checkpoint Upadate (Oct. 1st-3rd)

No checkpoints scheduled for this evening in Greene, Clark or Montgomery County. We have checked with our sources at WHIO News, DaytonDaily News, WLW News, Springfield News Sun, Montgomery County DUI Taskforce, Clark County DUI Taskforce, Montgomery County Sheriff, Greene County Sheriff, Clark County Sheriff, and Ohio State Highway Patrol Posts in Greene, Clark and Montgomery Counties.If you are stopped on suspicion of drunk driving, contact Dayton DUI defense attorney Charles Rowland today at 937-318-1DUI (318-1384); 1-888-ROWLAND (888-769-5263); by texting DaytonDUI (one word) to 50500 or by visiting www.DaytonDUI.com.For more information see the following articles:Why Do You Defend Drunk Drivers?...

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Portable Breath Test Devices Can Produce Falsely High Tests

According to the National Highway Transportation Safety Administration (Student Manual HS178 R2/06), a Portable Breath Test Device may produce an artificially high reading.  The government document is clear: "PBT instruments have accuracy limitations." (VII-8).  The NHTSA manual goes on to set forth "two common factors that tend to produce high results on a PBT.  The PBT is often seen in Underage Consumption cases and in Boating Under the Influence (BUI) cases as they provide probable cause for an arrest.Residual mouth alcohol. After a person takes a drink, some of the alcohol will remain in the mouth tissues.  If the person...

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OVI Update: When is Late Too Late?

In State v. Bower, 2010-Ohio-4420, Defendant Dustin Bowers was arrested for OVI (drunk driving) and a chemical test of his breath resulted in a BAC reading of .085.  He was given appointed counsel on September 11, 2010 and counsel filed for discovery pursuant to Crim.R. 16.  It was not until November 9, 2010 (62 days after the arraignment) that counsel filed for leave to file a motion to suppress.  The Court denied leave and the Defendant was found guilty. Defendant appealed and the 5th Dist. Ct. of Appeals denied his appeal.  The court reasoned that it will not disturb the...

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Repeat Offenders: Increased Penalties for Multiple OVIs in Ohio

[caption id="" align="alignleft" width="210" caption="Image via Wikipedia"][/caption]A second offense OVI in Ohio will result in mandatory "party plates," ignition interlock devises, a mandatory one year license suspension, mandatory drug/alcohol treatment and increases the mandatory incarceration period to ten (10) consecutive days minimum.  In addition, your vehicle will be immobilized ("clubbed") for 90 days.  If you blow above a .17 or refuse to take the chemical test having had a prior offense within the past twenty (20) years, you will face a twenty (20) day mandatory incarceration period.  All second OVI offenses in Ohio are classified as a first degree misdemeanors.On...

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Ohio DUI Law Allows Expanded Blood Draws

[caption id="" align="alignright" width="189" caption="Image via Wikipedia"][/caption]A law that takes effect Friday will allow emergency medical workers to draw blood from drivers who crash and are merely suspected of using drugs or alcohol.  Currently, only physicians, registered nurses, qualified technicians, chemists and phlebotomists can take blood from drivers suspected of operating vehicles while under the influence.Adding emergency medical workers would allow samples to be drawn sooner, but that raises several serious questions.  Can drivers be forced to give a sample? Who will train EMS workers to use the different police collection kits? What is...

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Arrested for OVI in Huber Heights?

Huber Heights, Montgomery County Area Two Court If you are arrested for misdemeanor DUI / OVI in Huber Heights your case will be heard in the Montgomery County Area II Court.  Many refer to Area II as the Huber Heights Municipal Court, but the court's jurisdiction is larger, covering regions in north-east Montgomery County including the city of Riverside, Ohio.  The Montgomery County Area Two Court is located at 6111 Taylorsville Rd., Huber Heights, OH 45424-2951.  You can contact the court's Traffic/Criminal Division at  (937) 496-7231, the Civil Division at (937) 225-5824 and you can fax information to (937) 496-7236. Charles...

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Great Job Ohio!

59% fatal crash reduction during 2010 Labor Day Weekend The Ohio State Highway Patrol released provisional Labor Day fatal crash statistics what show seven people were killed in seven fatal crashes during the holiday reporting period of Friday, September 4 at 6 p.m. through Monday, September 6 at 11:59 p.m. Of these seven fatal crashes on only one is believed to be alcohol-related. During the same reporting period last year, 17 lives were lost on Ohio roadways - of which seven were alcohol-related.  OVI (formerly DUI) arrests were down 9.9% in 2010 despite an increase of 17.2% in enforcement.  A copy...

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Beavercreek OVI Checkpoint Update

Arrested for OVI in Beavercreek?Beavercreek - We have received confirmation from the Ohio State Highway Patrol that the OVI sobriety checkpoint in Beavercreek, Greene County will take place tonight.  Previously, we have reported that this checkpoint will be located in front of The Greene on Indian Ripple Road. The times of this checkpoint will not be announced until 24 hours before the enforcement effort.  Stay tuned to DaytonDUI.com for rapidly developing checkpoint updates. Arrested for OVI in Beavercreek? If you find yourself in need of an OVI attorney in Beavercreek, CONTACT Charles M. Rowland at 937-318-1DUI (318-1384), 1-888-ROWLAND (222-769-5263) or by...

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