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Dayton DUI Attorney Charles Rowland > Posts tagged "drunk driving" (Page 41)

Ohio’s Implied Consent Law

[caption id="" align="alignright" width="210" caption="Image via Wikipedia"][/caption]In Ohio, any person who operates a vehicle within the state of Ohio is said to have given his or her consent to a chemical test of their blood, breath, or urine to determine alcohol content if arrested for OVI (drunk driving).  Pursuant to recent changes in Ohio OVI law, an OVI suspect has 3 hours to comply with the request to submit to a test, and failure to do so within the 3 hour limit will be considered a "refusal."  Recent changes allow the police to use "whatever reasonable means are necessary to...

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Miamisburg Municipal Court

If you are arrested for OVI in Miamisburg, West Carrollton, the Village of Germantown, Miami Township or German Township, start here to learn about your OVI case. It will be heard in the Miamisburg Municipal Court.  All misdemeanor cases originating in the territorial jurisdiction of Miamisburg Municipal Court are processed through the court and remain there until sentencing or until redirected to a higher court such as the Montgomery County Common Pleas Court. Miamisburg Municipal Court also facilitates probationary procedures for the entire jurisdiction.Here are links to the cities within Miamisburg Municipal Court's  jurisdiction:German TownshipMiami TownshipThe Village of GermantownThe City of Miamisburg...

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Oakwood Municipal Court

Oakwood, Ohio is served by the Oakwood Municipal Court (click here for link to the Court).  The Oakwood Municipal Court hears all misdemeanor cases, arraignments and traffic violations, as well as preliminary hearings on felony cases. The court also hears small claims and civil cases.  Most cases are heard on Thursday mornings beginning at 8:30 a.m., and trials are usually held on Friday.If you are arrested for OVI in Oakwood, you will appear in the Oakwood Municipal Court, 30 Park Avenue , in Oakwood's Municipal Building.  Hearings and trials are held in the same chamber wherein the council meetings are held....

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DUI Arrests Based on Nontestimonial Evidence

TESTIMONIAL vs. NONTESTIMONIALImage via WikipediaIn Pennsylvania v. Muniz, 110 S.Ct.2638 (1990), the United States Supreme Court held that slurred speech and the muscle coordination (or lack thereof) required to complete the standardized field sobriety tests amount to nontestimonial information that does not fall within the scope of the Fifth Amendment privilege against self-incrimination and does not invoke the safeguards of Miranda warnings.  They held that standardized field sobriety tests are "real" tests and/or tests of a "physical" variety.  This ruling was consistent with its holding in Schmerber v. California, 384 U.S. 757 (1966), which held that the Fifth Amendment...

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Dayton DUI Sobriety Checkpoint Update, June 11, 2010

NO SOBRIETY CHECKPOINTS TONIGHT!Image via WikipediaWe have checked with our regular sources and are happy to report that there are no Sobriety Checkpoints scheduled for June 11th. We will keep you posted as we receive more information.WHY DO YOU DO THIS? Law enforcement holds sobriety checkpoints to instill fear of arrest in the general public.  Their philosophy is that one of the major justifications for sobriety checkpoints is that the public learns law enforcement is actively rooting out drunk driving offenses.  Thus, the more the sobriety checkpoint is publicized, the better.  In fact, the Supreme...

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Standardized Field Sobriety Tests; the importance of standardization

The information below is taken from DEVELOPMENT OF A STANDARDIZED FIELD SOBRIETY TEST (SFST) TRAINING MANAGEMENT SYSTEM,DOT HS 809 400, November 2001.  It has some great quotes which an attorney can use in trial or in a motion to suppress when attacking the administration of the standardized field sobriety tests.  This document is one of the many sources that Dayton OVI Defense Attorney Charles Rowland has collected to aid in the defense of the drunk driver.  If you are arrested for OVI in Dayton, Springfield, Kettering, Vandalia, Miamisburg, Huber Heights, Xenia, Fairborn, Beavercreek or anywhere throughout the Miami Valley, contact...

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Ohio’s Definition of an ‘Alcoholic’

[caption id="" align="alignright" width="108" caption="Image via Wikipedia"][/caption]Ohio Denies a License to Persons Defined as Alcoholics In 1996, Ohio amended Ohio Administrative Code 4501:1-1-16(A) to define an "alcoholic" as  one who meets the following criteria: (1) Is convicted three or more times within the immediately preceding three-year period of division (A) of section 4511.19 of the Revised Code or of a substantially similar municipal ordinance or of a statute of another state or of the United States; or(2) Is convicted three or more times within a three-year period of any traffic violation where from the evidence presented, the trier of fact finds that...

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Ohio Breath Test Law; the 3-hour Rule

Substantial Compliance Requires Collection Within Three Hours. R.C. 4511.19(D) sets forth a three-hour time limitation for the collection of bodily substances for alcohol and/or drug testing.  This rule is a change from Ohio's previous law which gave the State only two hours in which to obtain a sample.The time requirement has been adopted by the Ohio Supreme Court in Cincinnati v. Sand, 43 Ohio St.2d 79, 330 N.E.2d 908 (1975) and more definitively at Newark v. Lucas, 40 Ohio St.3d 100, 532 N.E.2d 130 (1988),  where the court held that tests in test cases (cases involving a violation of the prohibited...

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Retrograd Extrapolation (The Rising Alcohol Defense)

DAYTONDUI.COM Explains the Defense of Retrograde Extrapolation [caption id="attachment_8279" align="alignright" width="144" caption="www.DaytonDUI.com"][/caption]The chemical test of your breath is administered at a police station, commonly an hour or more after the arrest. Ohio, pursuant to recent changes in the DUI law, allows three hours for collection of a chemical test. Logically, the breath test gives an accurate reading of the BrAC at the time of the breath test.  It does not, however, answer the question of what BrAC was at the time of driving.Experienced counsel like Charles M. Rowland II, can use the forensic science of retrograde extrapolation to “look back” to...

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