25 April

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Driving While High?

[caption id="" align="alignright" width="256" caption="3D rendering of the THC molecule "][/caption]Today, 90 million Americans have the right to access medical marijuana when they are seriously ill. Ohioans will consider the passage of a medical marijuana bill this fall. As more states decriminalize and legalize marijuana, law enforcement is scrambling to deal with what it warns will be a dramatic increase in driving while stoned. What can we expect?LAW ENFORCEMENT RESPONSE. Many states have adopted a specified training regimen for law enforcement officers. This protocol allows officers to testify as to specific observations of marijuana impairment. Drug Recognition Experts (DRE) are trained to...

18 April

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Admissibility of the Standardized Field Sobriety Tests – Statutory Rules

Posted by Dayton DUI

in DUI Law

Ohio Revised Code 4511.19(D)(4)(b) sets forth the law on admissibility of the standardized field sobriety tests in Ohio. It reads, in pertinent part: (b) In any criminal prosecution or juvenile court proceeding for a violation of division (A) or (B) of this section, of a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, or of a municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum...

16 April

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“Hiding the Ball” in Ohio DUI Cases

Posted by Dayton DUI

in DUI Law

ODH and the Disappearing Intoxilyzer 8000 RecordsOne of the proposed benefits of the adoption of the Intoxilyzer 8000 was to be the consolidation of breath test records in one place. Previously, breath test records were maintained by the individual police departments. Implementation and maintenance of the Intoxilyzer 8000 is the responsibility of the Ohio Department of Health and specifically the ODH's Bureau of Alcohol and Drug Testing. The Ohio Department of Health has started a web site containing all information about breath tests in the state, called the Breath Instrument Data Center. [HERE] Records were to be available on-line and...

30 March

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DUI Case Law Update: State v. Houck

Posted by Dayton DUI

in Case Law, DUI Law

State v. Houck, 2011-Ohio-6359, In State v. Houck, the Fifth District Court of Appeals upheld a decision of the lower court on defendant's Motion to Suppress. The issue involved an arrest for OVI which was made after an officer alleged the defendant was weaving within his lanes and crossing the center line ONCE. Just one problem. When the video was viewed at the motion to suppress hearing, no weaving and no crossing of the center line was observed. "In this case, the video tape introduced at trial affirmatively demonstrates Appellee’s vehicle did not appear to swerve back and forth and does not...

22 March

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Rowland Attends 19th Annual Mastering Science In A DUI/DWI Seminar

Posted by Dayton DUI

in Uncategorized

Today I am attending the 19th Annual Mastering Science in a DUI/DWI case in New Orleans, Louisiana. The seminar is a gathering of eminent DUI attorneys from around the country and focuses on the latest techniques in using science to defend clients accused of impaired driving. The seminar was founded by William C. ―Bubba‖ Head, one of the deans of DWI defense law, in Atlanta, Georgia, in 1994. The Texas Criminal Defense Lawyers Association and the National College for DUI Defense (NCDD) have continued the tradition of excellence for which this seminar has become known. It has been, and remains, the premier DWI/DUI...

20 March

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You Have The Right To Remain Silent

Posted by Dayton DUI

in Ohio Criminal Law

We frequently encounter jurisdictions that conduct "interviews" with a suspect following an arrest. These interviews are carefully crafted checklists that gather incriminating statements related to the elements of the crime and further attempt to limit mitigating factors which your attorney may later wish to assert. The questions typically seek to establish that the suspect was "operating" the vehicle. Officers will also ask what the person had to eat and drink, when, where and how much. Medical issues, mental issues, eye health, and other questions seek to limit the suspect's ability to later assert a defense to the clues of impairment...

12 March

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2011 OVI Statistics (from the Ohio State Highway Patrol)

Posted by Dayton DUI

in Uncategorized

On Friday, the Ohio State Highway Patrol released a "Traffic Safety Bulletin" containing the statistics for OVI-related arrests and crashes [available HERE]. Some of the highlights...

15 February

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Ohio DUI Law: Your Right To A Speedy Trial

Posted by Dayton DUI

in Uncategorized

Your right to a speedy and public trial is enshrined in the Bill of Rights. The Sixth Amendment to the United States Constitution provides, "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of...

13 February

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Ohio Has Declared War on Drunk Drivers

Posted by Dayton DUI

in Uncategorized

In 1982, Ohio declared “WAR” on drunk driving. Since that time Ohio has devised one of the toughest DUI systems in the nation. By creating a civil penalty called an automatic license suspension, even a first time DUI results in an immediate loss of your “right” to drive. A conviction can result in a jail sentence ranging from the mandatory minimum three days to a maximum of six months and a minimum fine of $375.00 up to $1,075. Conviction of a first time DUI will result in a license suspension lasting from six months to three years. If a driver...

10 February

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DUI Law and the Fourth Amendment: Is Your Home Your Castle?

Posted by Dayton DUI

in DUI Law

The doctrine that “a man’s home is his castle” is enshrined in the Bill of Rights. The Fourth Amendment to the United State Constitution embodies the principle and states that a home should be free from search without a warrant. The Fourth Amendment states, “The right of the people to be secure in their person, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause * * *.” Furthermore, in United States v. United States Dist. Court for the E. Dist. of Michigan (1972) 407 U.S. 297, 313,...

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