06 August

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Judges Express Concerns Over Ignition Interlock Implementation

As Ohio is contemplating "Annie's Law" which would require Ignition Interlock Devices for every first-time OVI offender, it is important to look at how implementation went in other states. The National Highway Traffic Safety Administration recently released a report on Arizona's adoption of the law. DOT HS 812 025, Ignition Interlock: An Investigation into Rural Arizona Judges’ Perceptions, Fred Cheesman, Matthew Kleiman, Cynthia G. Lee, and Kathryn Holt (May, 2014). In 2007, Arizona became the second state in the nation to require all first-time drunk driving offenders to equip their vehicles with ignition interlock devices. The first was Arizona’s...

31 July

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The Dayton DUI Blog Gets Recognition

Posted by Dayton DUI

in News, Uncategorized

This very Dayton DUI blog has received inclusion in the LawBlogs.net collection of prestigious legal blogs. At LawBlogs.net they have collected blogs that deal with almost every conceivable area of law. It is well organized and fully integrated so that you can follow it on Twitter, Facebook and G+. Look for us listed as Ohio DUI | OVI Blog!The founder, Matthias Klappenbach explains, I would love to start building out this community of law blogs. Right now there's barely anyone around. Visitors are coming through links from JuraBlogs.com or somehow find the site on Google. However I will keep adding features...

05 June

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Are You Fat? Old? A Woman? Then The DUI Laws Are Biased Against You

Posted by Dayton DUI

in DUI Process

Did you know that the DUI laws are inherently biased against most of us?Alcohol loves water and will move into spaces where water is the most prevalent. Fatty portions of the body have a low water content and absorb little of the alcohol, while muscular portions of the body have a high water content and absorb much alcohol. As it is carried to all parts of the body by the blood, the alcohol distributes itself in proportion to the water content of the various parts of the body. It is the presumed relationship between the amount of alcohol in the...

23 April

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Fourth Amendment Drunk Driving Case Decided By SCOTUS

Posted by Dayton DUI

in DUI Law

The Supreme Court handed down an opinion in a Fourth Amendment drunk driving case yesterday in Navarette v. California, No. 12-9490 (Apr 22, 2104) (available here). Writing for the divided Court, here is how Justice Thomas's opinion begins and ends: After a 911 caller reported that a vehicle had run her off the road, a police officer located the vehicle she identified during the call and executed a traffic stop. We hold that the stop complied with the Fourth Amendment because, under the totality of the circumstances, the officer had reasonable suspicion that the driver was intoxicated...

27 February

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The Ohio “Clear and Convincing Evidence” Standard

Posted by Dayton DUI

in Ohio Criminal Law

Clear and Convincing Evidence is required for the standardized field sobriety tests to be admitted. Ohio Revised Code 4511.19(D)(4)(b) sets forth the standards for admissibility of the results of field sobriety tests in OVI (drunk driving) prosecutions. See State v. Bozcar, 113 Ohio St. 3d 148, 2007-Ohio-1251, 863 N.E.2d 115 (2007). In order for the tests to be admissible, the State must demonstrate:By clear and convincing evidence. The Officer administered the tests in substantial compliance. The testing standards for any reliable, credible, and generally accepted test. Including, but not limited to, the standards set by NHTSA.The only guidance provided for determining the meaning of “substantial compliance” has come from State v....

06 November

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S.B. 337: Ohio DUI Law and Expungment

Posted by Dayton DUI

in Uncategorized

Ohio DUI law and expungment, am I eligible? Expungment is the legal method of sealing the record of a prior conviction. Generally, you attorney will file an Application for Expungment. The Court will then undertake an investigation, often consisting of a face-to-face interview with the investigator. If you application is granted the Court will “seal” your record, meaning they physically remove your conviction from the general court records making it “invisible” to the public. Once expunged, your conviction should not appear on any background checks. This does not apply if your background check is done for certain government jobs, in...

19 September

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DaytonDUI: Dayton’s DUI Law Firm

Posted by Dayton DUI

in Ohio Cities, Ohio Counties

If you are searching for a DUI law firm in Dayton, you've come to the right place.The DUI law firm of Babb & Rowland, LLC was founded in 2013 as an extension of the practices of Charles M. Rowland II and Mark Babb. An attorney since 1995, Charles Rowland dedicates his practice exclusively to representing the accused drunk driver and has worked to amass more credentials than any attorney in his field. Here are just a few advantages to hiring the Dayton's DUI law firm.Graduated magna cum laude from Wright State University as a University Honors Scholar with a B.A....

09 September

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Teachers & OVI: Do I Report an OVI?

Posted by Dayton DUI

in Uncategorized

You Don't Need To Report Teachers, if you have an OVI (drunk driving) conviction, you may be worried about your career. We have represented many teachers and strive to have every OVI reduced or dismissed so that it cannot have an adverse impact on your future. One question we frequently encounter is, "Do I have to report and OVI conviction on my application?" The answer is NO!A great OVI resource for teachers is the Ohio Educator Conduct FAQ provided by the Ohio Department of Education's Office of Professional Conduct. It states, Do I have to indicate an OVI or DUI conviction on...

27 August

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Does Alcohol Consumption Kill Brain Cells?

Posted by Dayton DUI

in Drugs & Alcohol

It has become a common belief that alcohol consumption kills brain cells, but is that true?Much of the anti-alcohol rhetoric comes from the prohibition era. The early temperance writers made the assertion that alcohol killed brain cells and also insisted that the alcohol in their blood could cause “drunkards” to catch fire and burn alive. Hanson, David J. Alcohol Education: What we Must Do. Westport, Connecticut: Praeger, 1996, p. 13. While such over the top arguments have been dropped, they have left the impression that drinking alcohol hurts your brain. Fortunately, nothing could be further from the truth.Scientific medical research...

26 August

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DUI Science: Pharmacokinetics and Pharmacodynamics

Posted by Dayton DUI

in DUI Process

Pharmacokinetics and Pharmacodynamics Defending a DUI (now called OVI in Ohio) requires an attorney to understand how the body reacts to the impairing substance (pharmacokinetics) and how the brain is affected by the substance (pharmacodynamics). Pharmacokinetics explains the absorption, distribution and elimination of the drug. Pharmacodynamics includes the action of the drug on the brain, pharmacologic effects and toxicity. [Holford, N., Chapter 3: Pharmacokinetics and Pharmacodynamics: Rational Dosing and the Time Course of Drug Action, in B. Katzung, Editor, McGraw Hill, Eighth Edition, 2001, p. 36]. Pharmacokinetics and pharmacodynamics are explained in this short introductory video.Charles M. Rowland II has attended...

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