03 May

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I Was Not Read My Miranda Rights, Is That A Defense To DUI?

In Miranda v. Arizona, 384 U.S. 436 (1966), in a 5-4 decision, the United States Supreme Court held that both inculpatory and exculpatorystatements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant was informed of the right to consult with an attorney before and during questioning and of the right against self-incrimination prior to questioning by police, and that the defendant not only understood these rights, but voluntarily waived them. This had a significant impact on law enforcement in the United States, by making what became known as the Miranda rights part of routine police procedure to ensure that suspects were informed of their rights. Most people are...

30 April

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Troy & Piqua OVI Attorney

Posted by Dayton DUI

in Ohio Cities, Ohio Counties

INFORMATION ON THE MIAMI COUNTY MUNICIPAL COURT One of the most beautiful buildings in Ohio is the Miami County Courthouse, home of the Miami County Municipal Court. The court is located on Main St., in downtown Troy, Ohio (address mail to “Courthouse”) and is open from 8am to 4pm Monday through Friday. The Judges of the Miami Municipal Court are the honorable Elizabeth Gutmann and Gary Nasal. The court allows the public to access cases [look up cases here] for review and provides court rules [link] and information on various court programs. If you are arrested formisdemeanor OVI anywhere in Miami County, your case will...

23 April

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Oakwood OVI Attorney

Posted by Dayton DUI

in Ohio Cities

Arrested for OVI in Oakwood?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....

22 April

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Ohio DUI Blood Test: How to Win A Blood Test Case

Posted by Dayton DUI

in DUI Process

In order to successfully defend a blood test case, a DUI defense lawyer must be familiar with Ohio’s DUI law (O.R.C. 4511.19) and the Ohio Administrative Code sections which apply to the collection, storing, transporting and testing of the whole blood, blood plasma and/or blood serum specimen. Amphetamine, cocaine, heroine, Marijuana, Methamphetamine, Phencyclidine and L.S.D. are specifically mentioned in Ohio’s DUI/OVI statute as illegal controlled substances. The law states how much of each substance must be detected in a chemical test of urine, whole blood, blood plasma, and/or blood serum in order to sustain a charge. A blood test is seen as...

19 April

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The Future of Forced Blood Draws (Missouri v. McNeely)

Posted by Dayton DUI

in DUI Law, DUI Process

In what can only be seen as an overwhelming victory for the 4th Amendment, this week the United States Supreme Court decided Missouri v. McNeely which involved the issue of whether or not law enforcement can force a blood draw following a drunk driving arrest without following the warrant requirements of the 4th amendment. In the ruling the Court sided with the defendant who had been subjected to a blood test without a warrant. The warrantless blood draw revealed him to be nearly twice the legal limit. Justice Sotomayor, writing for the majority held that forced extraction of a person’s blood...

18 April

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Warren County Courts Consider Consolidation

Posted by Dayton DUI

in Ohio Cities, Ohio Counties

In a recent Dayton Daily News article, the prospect of merging the Warren County Court into the Franklin Municipal Court and the Lebanon Municipal Court was brought before the Warren County Commissioners. At the request of Franklin Municipal Court Judge Rupert Ruppert and Lebanon Municipal Court Judge Mark Brogen, the Warren County Commission has contracted the National Center for State Courts to study whether the county court should be consolidated with the municipal courts in Franklin and Lebanon. The county agreed to pay the NCSC $25,992 to study the consolidation, and the report is due at the end of May or...

17 April

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DUI Trial Techniques (Voir Dire)

Posted by Dayton DUI

in Uncategorized

If you see me trip over a crack in the sidewalk, you would consider me to be clumsy or uncoordinated. If, however, you trip over a crack in the sidewalk you are much more likely to blame the crack. The same is true for most people. This discrepancy is called the actor–observer bias.In social psychology, the fundamental attribution error (also known as correspondence bias or attribution effect) describes the tendency to over-value dispositional or personality-based explanations for the observed behaviors of others while under-valuing situational explanations for those behaviors. The fundamental attribution error is most visible when people explain the...

16 April

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Photos of Courthouses in the Dayton Area

Posted by Dayton DUI

in Uncategorized

One of the greatest benefits of my job is that I get to travel throughout the state of Ohio visiting some marvelous courthouses. I have taken to photographing the places I visit and posting them to my Pintrest page. If you, like me, have an interest in these buildings and their unique architecture please enjoy this partial slideshow.[SlideDeck2 id=24910]...

12 April

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Nonstandardized Field Sobriety Tests

Posted by Dayton DUI

in DUI Law

Ohio has adopted the three-test field sobriety protocol as set forth in the National Highway Traffic Safety Administration (NHTSA) manual for training law enforcement officers. The three tests adopted by NHTSA all survived scientific scrutiny as being indicative of impairment. The tests are: (1) horizontal gaze nystagmus, a test of the subject's eyes; (2) walk & turn; (3) one-leg-stand. The officer is trained to administer the tests in a standardized fashion and record "clues" of impairment as evidenced by the subject's performance on the tests.Often, you will encounter a circumstance where the officer employs an non-standardized field sobriety test. These...

09 April

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“LIKE” DaytonDUI on Facebook

Posted by Dayton DUI

in Uncategorized

8,000 DaytonDUI Fans Can't Be Wrong If you like the articles related to Ohio DUI law that you see here, please join our 8,000+ fans on Facebook. The Dayton DUI Facebook page is a constant feed of information related to Ohio DUI law, decisions from the Ohio and United States Supreme Court, red-light cameras, checkpoints throughout Ohio, developments in civil liberties and the latest information about DaytonDUI. I promise to work really hard to bring you relevant, funny and enlightening content on a daily basis. Facebook also offers you a way to participate and register your opinions about Ohio's tough DUI laws. So please consider giving...

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