15 February

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Defending The Accusation Of Slurred Speech (by DaytonDUI)

A very common observation by law enforcement in an impaired driving investigation is the presence of "slurred speech." Experience trial counsel will look to the totality of evidence to combat the damning accusation of slurred speech.Many traffic stops are now captured on video tape. As the quality of the recordings has improved we are often able to hear exactly what the officer is hearing. Reasonable people can disagree as to whether or not the speech on a video is "slurred" and whether or not it was fair for the officer to describe the speech as slurred. Another, more subtle method...

14 February

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Miamisburg OVI Attorney

Posted by Dayton DUI

in Ohio Cities

Miamisburg OVI? Start Here. If you are arrested on suspicion of OVI (drunk driving) in Miamisburg, West Carrollton,Germantown, German Township or Miami Township, your misdemeanor DUI case will be heard in the Miamisburg Municipal Court. The Honorable Robert W. Rettich III was elected the Miamisburg Municipal Court judge in the general election on November 8, 2011. He was sworn into office on December 30, 2011. The Court is served by Magistrate Margaret Quinn and Chief Bailiff Kirk J. Bell. The Miamisburg Municipal Court, located at 10 N. First Street, Miamisburg, Ohio 45342, serves a population of over 80,000 and handles in excess of 15,000 cases per year. The court is open Monday...

07 February

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Aggravated Vehicular Homicide, O.R.C. 2903.06

Posted by Dayton DUI

in DUI Law

Aggravated Vehicular Homicide, O.R.C. 2903.06, is a crime that results from the death of another caused by the defendant's operating a vehicle while impaired (a violation of R.C. 4511.19) or while driving negligently or recklessly. The statute encompasses driving an automobile recklessly or negligently (called Vehicular homicide) whether or not alcohol played a part in the death. Often, defendants are indicted for multiple counts, with additional counts for each victim of the accident.Under the reckless section of the statute you will be found guilty of a third degree felony which rises to a second degree felony if the driver is...

28 January

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The Problems With Portable Breath Tests (by DaytonDUI)

Posted by Dayton DUI

in DUI Law, DUI Process

In possibly the best article you will ever read on portable breath testing, DUI attorneys Justin McShane and Josh Lee describe the portable breath test devises which are used by the Ohio State Highway Patrol as a "potentially dangerous, non-specific and non-selective measures at roadside." You can find the article HERE and in the Voice for the Defense. The Problems of Fuel Cell Devices1.1. Lack of Specificity20 for EthanolAs PBTs are used for purportedly forensic purposes, their specificity for ethanol becomes a critical factor. The electrochemical detector is not specific for ethanol.21 Indeed, there is “much evidence to show” they are actually not...

25 January

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ALS Appeal: Refusal or Obstruction? (by Dayton DUI)

Posted by Dayton DUI

in Uncategorized

Often, our clients will tell us that they could not produce a sufficient sample for the requested chemical test. "I kept trying, but I just could not blow long enough to satisfy the officer." If they hope that this information will prevent the imposition of an Administrative License Suspension, they may be disappointed. Ohio DUI law sets a high bar for overcoming the presumption that law enforcement was not at fault for your failure.The validity of a refusal based on physical incapacity to submit a sample requires a factual finding by the court in favor of the accused. Wilder v....

24 January

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Why Was I Charged With Two OVI Offenses?

Posted by Dayton DUI

in Uncategorized

There are two ways to be charged with OVI (drunk driving) in Ohio. Often, both are charged for reasons that will be addressed shortly. First, let's explore what the two charges mean."Per Se" Offenses: per se is a latin phrase meaning "in itself." It is also a legal term of art defined in Black's Law Dictionary as "taken alone...

22 January

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Arrested for OVI in Lebanon, Ohio?

Posted by Dayton DUI

in Ohio Cities, Ohio Counties

Arrested for OVI in Lebanon, Ohio?The Lebanon Municipal Court is located at 50 South Broadway in downtown Lebanon, across from the historic Golden Lamb restaurant. The Lebanon Municipal Court serves the City of Lebanon and Turtlecreek Township. The Court is open Monday through Friday from 8:00 a.m. to 4:00 p.m. and can be reached by phone at (513) 933-7210 or fax at (513) 933-7212. If you are arrested for an OVI offense in Lebanon or Turtlecreek Township your case will be heard by the honorable Mark R. Bogen. Charles M. Rowland II regularly appears in the Lebanon Municipal Court and can help you with your...

22 January

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Arrested at Wright-Patterson AFB?

Posted by Dayton DUI

in DUI Process

WE CAN HELP IF YOU ARE ARRESTED ON BASE We have a former J.A.G. officer on staff to help with military DUI/OVI cases. Located conveniently near Wright-Patterson Air Force Base, Charles M. Rowland II has successfully represented active-duty military, contractors, and civilian employees for over 15 years. He knows how to deal with issues of deployment, security clearances, loss of rank, loss of on-base driving privileges and issues related to out-of-state licenses. If you find yourself arrested for OVI in or near Wright-Patterson Air Force Base and you will be required to appear in the United State Federal Court or the...

18 January

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Service and Personal Jurisdiction in OVI Cases (by DaytonDUI)

Posted by Dayton DUI

in DUI Process

In order to have personal service over a defendant in an OVI case, the court must be satisfied that the citation has been properly served pursuant to Ohio Traffic Rule 3(E). Toledo v. Williams, 1991 WL 3811 (Ohio Ct. App. 6th Dist. Lucas County 1991). Taffic Rule 3(E) requires that the officer who completes the complaint sign the ticket and serve the citation on the defendant. See City of Cleveland v. Trzebuckowski, 2002-Ohio-584 (Ohio Ct. App. 8th Dist. Cuyahoga County 2002), holding that the officer's printing of his name instead of signing in cursive was sufficient to have satisfied the...

10 January

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Butler County OVI Blitz This Friday and Saturday

Posted by Dayton DUI

in Ohio Counties

The Butler County OVI Task Force has announced that they will be conducting an "all-out" DUI blitz along Ohio 129 on Friday and Saturday night.Here is the full story as reported on WHIO-TV, BUTLER COUNTY — An upcoming OVI blitz by the Butler County OVI Task Force is designed to deter impaired drivers.Task force agents and the Ohio State Highway Patrol will saturate Ohio 129 in Butler County on Friday and Saturday. Additional officers will scour their jurisdictions for impaired drivers, according to a release.“This is our continued effort to make sure the roads are safe and there are no unnecessary tragedies...

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