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Dayton DUI Attorney Charles Rowland > Posts tagged "drunk driving" (Page 40)

Why the HGN Test is Fraudulent

Officers Get It Wrong 95% of the Time![caption id="" align="alignright" width="240" caption="Statue personifying "SCIENCE""][/caption]The most important scientific study of the Horizontal Gaze Nystagmus test undertaken by someone not associated with the government is J. Booker, The Horizontal Gaze Nystagmus Test: Fraudulent Science in American Courts, 44 Science and Justice 3 at 133 (July 2004).  The biggest takeaway for DUI attorneys is that the study revealed that the HGN test was improperly administered in the field 95% of the time. (95%!)Booker goes on to argue that the test was rushed into the field without proper scientific scrutiny, applying five hallmarks...

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Arrested for DUI in West Carrollton, Ohio?

If you are arrested for OVI in West Carrollton, Ohio your case will be heard in the Miamisburg Municipal Court.  The Miamisburg Municipal Court provides justice services for the communities of West Carrollton, Miamisburg, the Village of Germantown, Miami Township and German Township.  The Miamisburg Municipal Court is located at 10 N. First Street, in Miamisburg, Ohio 45342 and is served by the honorable Judge Robert Messham and Magistrate John F. Kolberg.  You can reach the Miamisburg Municipal Court Clerk’s Office at (937) 866-2203.  The Miamisburg Municipal Court’s web site is HERE and you can get contact information HERE and directions to the court...

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Breathalyzers and the Body Temperature Defense

Sources of Error in Breath Testing (Part One)Image via WikipediaDeviations in the normal body temperature can result in an error in the evidentiary breath test.  In his article "Body Temperature and the Breathalyzer Boobytrap," 721 Mich B.J. (1982), Dr. Hlastala confirms that the normal body temperature of a healthy person may"may vary by as much as 1 degree centigrade above or below the normal mean value of 37 degrees centigrade or 1.8 degrees F from the mean value of 98.6 degrees F." The higher the body temperature, the greater the error rate of the breathalyzer machine. LaBianca...

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Sobriety Checkpoint Update for July 2, 2010

Clark County and many of the areas south of the Miami Valley have announced increased saturation patrols for the entirety of the 4th of July weekend.  Montgomery County and the Ohio State Highway Patrol have also announced plans for OVI checkpoints and saturation patrols.There may be a sobriety checkppoint somewhere in northern Montgomery County, more to follow. Related articles by ZemantaCypress: DUI Checkpoint This Saturday (cehwiedel.com)...

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Dayton DUI Attorney

If you have been arrested and charged with drunk driving, it would be wise to contact a dedicated and experienced Dayton DUI attorney immediately. The State of Ohio has declared war on drunk drivers and has adopted harsh laws to deter the offense.  A DUI conviction may trigger multiple unpleasant and unintended consequences: driver’s license suspension, criminal penalties, stress, financial and time obligations, and perhaps even the loss of your job.Charles M. Rowland II dedicates his practice to representing the accused drunk driver.  He can help you during this difficult time. The skilled lawyers and...

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Miami Valley OVI Checkpoint Update; June 26, 2010

A check of our sources reveal no OVI checkpoints tonight in or near the Miami Valley.  Clark Co. Sheriff and Clark Co. OSP both confirm that they are not running a checkpoint as do Greene and Montgomery. I've check with WHIO, the Dayton Daily News and the Springfield News Sun and found no publicized event.  Stay tuned to this blog for details. ...

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Ohio Blood and Urine Tests for Alcohol

[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption]Ohio Administrative Code 3701-53-01 sets forth the rules used in blood testing cases.  Like no other area of DUI practice, experience can make all the difference in a blood or urine test.  Ohio DUI defense attorney Charles M. Rowland II has successfully suppressed blood results in OVI cases and has the experience to fight your Blood-Alcohol Test.  Set forth below are just some of the requirement of OAC 3701-53-05:Specimens are to be collected in accordance with RC 4511.19 or RC 1547.11. For blood samples, an aqueous solution of a non-volatile (nonalcohol) antiseptic is to be...

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Standardized Field Sobriety Tests; the walk & turn

A metal detector can detect guns.  Does that mean that every person who sets off the metal detector has a gun?  The standardized field sobriety tests can detect lack of coordination due to intoxication.  Does that mean that all lack of coordination is indicative of intoxication?  Here a completely sober person fails the Walk & Turn portion of the standardized field sobriety tests.  If you think that you have been wrongly labled as intoxicated contact Dayton DUI Defense Attorney Charles M. Rowland II at 937-318-1DUI (318-1384).Completely sober person fails Walk & Turn...

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OVI While Operating a Commercial Vehicle

CDL limit is .04 (not .08) while operating a commercial vehicle It is illegal to operate a commercial vehicle in Ohio with a BAC of .04 or higher.  If you plead to, or are found guilty of an Ohio DUI, all the regular Ohio DUI/OVI penalties apply, but the legal limit in which you may drive is .04 instead of .08.  Refusal to take a chemical test is a first degree misdemeanor, regardless of whether you were charged with an Ohio OVI or not. Charles M. Rowland II has represented truck drivers and other commercial drivers for over fifteen years. If you...

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