05 September

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Presumption of Innocence? Not For OVI

The History of The Presumption of Innocence The presumption of innocence, Ei incumbit probatio qui dicit, non qui negat.It is the principle that one is considered innocent unless proven guilty. It dates back to the very foundations of western jurisprudence. The sixth century Digest of Justinian provides, as a general rule of evidence:"Proof lies on him who asserts, not on him who denies."The presumption requires that the prosecution has the obligation to prove each element of the offense. They must prove each beyond a reasonable doub. The accused bears no burden of proof. This is often expressed in the phrase innocent until proven...

24 July

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Binge Drinking and College Culture – Dayton DUI

Posted by Dayton DUI

in Uncategorized

Binge Drinking - What Is The Problem? Some opponents of alcohol consumption target the problem of binge drinking on college campuses. While there is no consensus on what "binge drinking" is, we know that college students do a lot of it. Binge drinking is the current target of temperance proponents. It is blamed for everything from sexual assaults to deaths from consumption. When a person consumes heavily, with the intention of achieving intoxication above .08% BAC, they are "binge drinking" according to critics. 74.4 percent of the time they are doing it with beer. (Nami, et.al. 2004). Wine bingers are rare....

21 November

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Teen Drivers Beware – Ohio’s Rules For Obtaining A License

Posted by Dayton DUI

in DUI Process

Obtaining a license has changed for teen drivers in Ohio. Teen drivers face a three-step process to obtaining a license. The first step begins when you turn 15 1/2. At this time you may apply for a temporary permit. Then take the drivers license knowledge exam and the eye test. If you pass, you will receive a confirmation number to present to your local BMV. You are required to bring a copy of your birth certificate and must be accompanied by a parent or guardian.When you are driving with a temporary permit, you must be accompanied by a parent, guardian or licensed driving...

02 December

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Drinking Underage In Ohio – What Are The Consequences?

Posted by Dayton DUI

in Uncategorized

Underage possession or consumption of beer or intoxicants is a serious crime in Ohio. The charges are first-degree misdemeanors carrying a maximum penalty of 180 days in jail and up to a $1,000.00 fine. Worse yet, a conviction may leave you with a “criminal record” which is much more serious than a fine or costs. Fear, shame or guilt may compel you to want to plead guilty to put the charge behind you, but that decision may have long-lasting and unintended consequences.If you are under 21 years old, drinking alcohol is illegal in the State of Ohio. Ohio Revised Code...

05 May

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Have You Heard Of Powdered Alcohol? Palcohol?

Posted by Dayton DUI

in Uncategorized

This week the release of powdered alcohol "palcohol" was approved, then rescinded, then changed to delayed.First the Alcohol and Tobacco Tax and Trade Bureau, a branch of the Treasury Department issued "label approval" on April 8th. Apparently this was not the case as many internet sources began reporting that the ATT&T rescinded the approval. Well now, the news seems to be that there will be a delay as the labeling on the product is changed. So you will have to wait until the fall for your powdered treats.On its website, Palcohol says it plans to offer six varieties, including vodka,...

16 April

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Prom DUI Blitz Underway

Posted by Dayton DUI

in Uncategorized

Mothers Against Drunk Driving and their partners in law enforcement have begun the annual Prom DUI enforcement blitz that will last throughout the prom season. So in addition to the tuxedos, the wrist corsages and the awkward pictures; make sure you talk to your teen about drunk driving. MADD is proclaiming April 21 “PowerTalk21 Day” to encourage parents and teens to talk about alcohol.In recent years, MADD has shifted its focus away from its singular mission of preventing drunk driving, to include an effort to curb underage drinking. The Prom DUI enforcement is used in conjunction with their efforts at instilling...

08 April

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Furnishing Alcohol To Minors In Ohio

Posted by Dayton DUI

in Uncategorized

Ohio provides tough penalties for furnishing alcohol to minors.In recent years, MADD has shifted its focus away from its singular mission of preventing drunk driving, to include an effort to curb underage drinking. Much of their efforts have been directed at instilling fear amongst parents who may provide alcohol to minors in their home. This initiative has been aided by a national ad campaign called "Parents Who Host Lose The Most." As prom season approaches you may be confronted with information about furnishing alcohol to minors and the penalties associated with such action. Ohio Revised Code Section 4301.69 contains most...

16 December

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Underage Consumption And Ohio’s College Students: Know Your Rights

Posted by Dayton DUI

in Ohio Criminal Law

Being charged with "underage consumption" is a common occurrence on Ohio college campuses. The crime of underage consumption is a violation of Ohio Revised Code, which prohibits possessing, consuming or being under the influence of alcohol under the age of 21. Holding an alcoholic beverage and/or being intoxicated in a public place is enough to sustain the charge. Students sometimes mistakenly believe that an officer must give them a breathalyzer test to "prove" intoxication. This is not the law. College students often compound their problems by being so scared of being arrested for underage consumption that they provide false information to the...

30 September

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Ohio Drug Laws And College Students

Posted by Dayton DUI

in Drugs & Alcohol, Ohio Criminal Law

If you attend college in Ohio you need to know Ohio Drug Laws and how they can get you in trouble. Selling or distributing illicit drugs: O.R.C. Section 2925.03 prohibits any person from selling or offering to sell any controlled substance, preparing or packaging any controlled substance for sale, or distributing any controlled substances. Anyone who violates this statute is guilty of drug trafficking. Violation of this statute is a felony, the level of which depends on the specific criteria set forth in Section 2925.03(C), including type and weight of drug. The minimum penalty for a fifth degree felony can include 6...

23 September

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Ohio’s Underage Drinking Law (Party Smart)

Posted by Dayton DUI

in Ohio Criminal Law

Ohio's Underage Drinking Law (also known as Underage Possession, Minor in Possession, Underage Consumption) prohibits anyone under the age of 21 from purchasing, possessing or consuming alcohol prior to your 21st birthday. A violation of this law is a first degree misdemeanor which can subject you to a maximum six month jail sentence and a maximum $1,000 fine.Is this unfair? Yes Is this hypocritical? Yes Is this bad public policy? Yes Would I like to see it changed? YesYou may also violate Ohio's Underage Drinking Law by being the host. A social host or home owner risks being fined and imprisoned when he/she...

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