01 June

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What are the standardized field sobriety tests?

Image via WikipediaThe standardized field sobriety tests consist of a three-test battery which includes a check of your eyes (called the horizontal gaze nystagmus test, or HGN), and two tests of your coordination, balance, stamina and memory called the one-leg stand test and the walk and turn test. Officers use these tests to establish probable cause for a drunk driving arrest. The tests are set forth in the National Highway Transportation Safety Administration manual, which is used to train law enforcement in administering the tests. The DUI defense team of Charles M. Rowland II not only has...

31 May

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OVI Jury Trial Instructions

Posted by Dayton DUI

in DUI Law

[caption id="attachment_7036" align="aligncenter" width="443" caption="Xenia Municipal Court Jury Box"][/caption]A jury instruction which is given at every OVI (formerly DUI) trial states,UNDER THE INFLUENCE. "Under the influence means that the defendant consumed some (alcohol)(drug of abuse)(alcohol and a drug of abuse), whether mild or potent, in such a quantity, whether small or great, that it adversely affected and appreciably impaired the defendant's actions, reactions, or mental processes under the circumstances then existing and deprived him of that clearness of intellect and control of himself which he would otherwise have possessed. The question is not how much (alcohol)(drug of abuse)(alcohol and a...

27 May

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Dayton DUI Defense, contact Charles Rowland Today!

Posted by Dayton DUI

in Ohio Cities

[caption id="attachment_3685" align="alignright" width="150" caption="www.DaytonDUI.com"][/caption]If you have been charged with an OVI, DUI or with Drunk Driving, then call Charles Rowland (Dayton DUI) for your free consultation. Remember, time is of the essence in all OVI charges. If you are in doubt of your legal rights in an OVI matter, then contactCharles Rowland for your free case analysis. Don't face an OVI prosecution without knowing your rights. Remember, "DUI is all I do." ...

26 May

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Dayton DUI Defense (on YouTube)

Posted by Dayton DUI

in Uncategorized

www.DaytonDUI.com. "All I Do I DUI!"Charles served as the Xenia City Prosecutor and has served as a “Special Prosecutor” on high-profile felony cases. Charles is a proud member of the National College for DUI defense and in 2006 attended the intensive seminar on DUI law at Harvard University. National Patent Analytical Systems has certified Charles Rowland in the operation, diagnostic verification and calibration of the BAC DataMaster Breath Alcohol Testing Instrument, the most commonly used breath testing instrument in Ohio for DUI / OVI arrests. In 2007, Charles Rowland was the first attorney in the State of Ohio certificated on...

24 May

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DUI Arrests Top 25,000 Every Week

Posted by Dayton DUI

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[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption]Did you know that there are 25,000 DUI arrests in the United States every week? That's approximately 1.3 million drunk driving arrests each year. The more people we arrest, and the more people we put in jail, the more apparent it should become that our current approach of fear and retribution is not working. If you find yourself in need of an aggressive Ohio DUI/OVI attorney who will fight to get your life back, contact Charles M. Rowland II at 937-318-1DUI (318-1384). Related articles by ZemantaRip Torn cleared of DUI charge in Connecticut (pbpulse.com) Lindsay Lohan...

20 May

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What Is Optokinetic Nystagmus?

Posted by Dayton DUI

in Uncategorized

Optokinetic Nystagmus can occur when the Horizontal Gaze Nystagmus Test is given in the proximity of rapidly moving lights or in the presence of strobe-like effects. DUI attorneys often see the lights from a police car create an optokinetic effect similar to that described in the video....

17 May

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Junk Science in Ohio DUI/OVI Cases

Posted by Dayton DUI

in DUI Process

[caption id="attachment_26" align="alignleft" width="150" caption="Intoxilyzer 8000"][/caption]When you hear a DUI/OVI attorney decrying "junk science" that is used in court, they are most likely referring to the fact that the air blown into the breath test machine for purposes of testing cannot be the same air that is exchanged with the deep lung alveolar sacs. It is impossible to limit the breath test to limit itself to deep lung alveolar air. The theory breaks down because: IF THE MAJORITY OF AIR BEING MEASURED HAS NOTHING TO DO WITH THE BLOOD EXCHANGE THEN THE TEST IS NOT MEASURING THE AMOUNT...

14 May

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DUI/OVI Checkpoints in the Miami Valley

Posted by Dayton DUI

in News, Uncategorized

May 14 Checkpoint Update: Our sources reveal no DUI checkpoints this weekend in the Miami Valley. We have heard reports, unconfirmed at this point, of checkpoints in Shelby County and Butler County. Please be safe and designate a driver. ...

11 May

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Ohio OVI Law: State v. Shuck

Posted by Dayton DUI

in DUI Law

State v. Shuck, 2010-Ohio-2058, 09CA12 (OHCA4) Defendant-Appellant, Joshua M. , appeals the decision of the Marietta Municipal Court denying his motion to suppress the results of his breath alcohol concentration ("BAC") test. The ultimate issue in his appeal is the difference between a motion to suppress and a motion in limine. The court ruled, "The determination of whether a motion is a 'motion to suppress' or a 'motion in limine' does not depend on what it is labeled. It depends on the type of relief it seeks to obtain." State v. Massie, 2nd Dist. No. 2007...

07 May

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DUI/OVI Checkpoint Update May 7-10, 2010

Posted by Dayton DUI

in News, Uncategorized

We have checked with all of our regular sources and there are no planned DUI/OVI sobriety checkpoints this weekend. Please be safe and designate a driver. If you find yourself in need of an attorney contact Charles M. Rowland II on his 24/7 DUI Hotline at 937-776-2671 or visit www.DaytonDUI.com. You can stay aware of DUI news by following Twitter.com/DaytonDUI and if you need immediate help, text DaytonDUI (one word) to 50500. ...

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