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Dayton DUI Attorney Charles Rowland > Posts tagged "dui laws" (Page 3)

Driving and Drugs: Ohio’s Per Se Marijuana Law

 Wondering if you can get charged with an OVI from Marijuana? While it is well established that alcohol consumption increases accident risk, evidence of marijuana's culpability in on-road driving accidents and injury is far less clear. Although acute cannabis intoxication following inhalation has been shown to mildly impair psychomotor skills, this impairment is seldom severe or long lasting.  According to the US Department of Transportation, National Highway Traffic Safety Administration. State of Knowledge of Drugged Driving: FINAL REPORT. op. cit., "Experimental research on the effects of cannabis ...

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Ohio OVI: Standardized Field Sobriety Tests & Marijuana

State v. Dixon, 2007-Ohio-5189 (Ohio Ct. App. 12th Dist. Clermont County 2007).More and more, we are seeing law enforcement officers arrest drivers on suspicion of operating a vehicle under the influence of marijuana.  Often, an officer will request a urine test for marijuana after a defendant has blown substantially under the per se alcohol limit on a breath test machine.  This raises questions about the proper determination of probable cause.  If, for example, no alcohol was suspected how did the officer arrive deduce enough evidence to make an arrest? Were the standardized field sobriety tests administered to detect alcohol or...

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MADD’s Historic Push For A .05% Alcohol Limit (by Dayton DUI)

In 1938 the American Medical Association created a "Committee to Study Problems of Motor Vehicle Accidents."  Around that same time the National Safety Council began the "Committee on Tests for Intoxication." Their original research found that a driver with a .15% Blood Alcohol Concentration (B.A.C.) could be presumed to be "under the influence." Ohio law followed this paradigm making it illegal to drive with a B.A.C. over .15%.  This standard existed for over 20 years.Law and politics changed forever with the founding of Mothers Against Drunk Driving in the late 1970's.  MADD changed the world for the better.  No longer...

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Ohio DUI and SR-22 Insurance (by DaytonDUI)

The SR-22 is a form that your car insurance company  files with the Ohio Bureau of Motor Vehicles.  The form provides the Ohio Bureau of Motor Vehicles with proof of financial responsibility by showing that you have the required insurance coverages in effect.  The filing acts as a guarantee to the Ohio BMV that an insurance company has issued at least minimum liability coverage for the person making the filing.  An SR-22 also requires the insurance company to notify the Ohio BMV if you cancel your coverage, thus creating a system of continuous monitoring.  The BMV usually requires that you file...

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Showing Proof of Insurance (by DaytonDUI)

Ohio law requires all license holders to carry insurance on the vehicles they drive—and requires the Clerk’s Office to report the status of your insurance when you are cited to the Ohio Bureau of Motor Vehicles. If you do not submit the required proof, your driver's license will be suspended and you may be subject to additional fees and insurance sanctions.Please check the area on your citation that says “Financial Responsibility Proof Shown.” Make sure the “Y” box is checked. If you did not show proof when you were cited or if the officer did not mark “Y” to indicate...

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Standardized Field Sobriety Tests: The One Leg Stand Test

The Standardized Field Sobriety Tests (SFST) are a battery of three tests administered and evaluated in a standardized manner to obtain validated indicators of impairment and establish probable cause for arrest. These tests were developed as a result of research sponsored by the National Highway Traffic Safety Administration (NHTSA) and conducted by the Southern California Research Institute. A formal program of training was developed and is available through NHTSA to help law enforcement officers become more skillful at detecting DWI suspects, describing the behavior of these suspects, and presenting effective testimony in court. Formal administration and accreditation of the program is provided through the...

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Fight Your Marked Lanes Violations, O.R.C. 4511.33 (by Dayton DUI)

The National Highway Traffic Safety Administration (NHTSA) has developed a guide for detecting drunk drivers.  In that guide, NHTSA identifies 24 "clues" that potentially impaired drivers exhibit.  Many of those "clues" relate to the driver's ability to maintain proper lane position.  Your attorney should aggressively defend your driving and point out to a judge or jury other possible causes of weaving such as: texting, eating, telephone calls, conversations with other passengers, changing the radio station, stretching, or fatigue may account for the driving.Your DUI defense lawyer should also be prepared to argue that your weaving may not violate Ohio law. ...

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Ohio Revised Code 4511.194, Physical Control

Ohio Revised Code section 4511.194 defines the crime of “Physical Control.” The crime of "Physical Control" involves being in physical control of a vehicle while under the influence of alcohol or a drug of abuse.  This definition means that you do not have to be driving or operating the car.  If a person is in the driver’s position of the front seat of a vehicle, or in the driver’s position of a streetcar, or trackless trolley and having possession of the vehicle’s, streetcar’s or trackless trolley’s key, or other ignition device that person is in “physical control” of the vehicle.  See...

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Are the Standardized Field Sobriety Tests Fair to Fatter People?

Being overweight can impact your performance on the standardized field sobriety tests.  The government agency tasked with verifying the validity of the standardized field sobriety tests is the National Highway Traffic Safety Administration (hereinafter NHTSA).  NHTSA concedes that being fifty or more pounds overweight affects performance on the one-leg stand test; a test requiring the suspect to raise a foot off the ground and stand on one foot for 30 seconds. See NHTSA, DWI Detection and Standardized Field Sobriety Testing, Participant's Manual (2006), re: WAT at VIII-11, re: OLS at VIII-13. Id. re: 50 lbs at VIII-13.  In older versions...

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Clark County OVI Checkpoint Tonight! (Sept. 14, 2012)

The Clark County OVI Task Force will conduct a sobriety checkpoint to deter, and intercept drunk drivers.  The checkpoint will be held on Friday September 14, 2012.   The location will be at 830 N. Limestone St. Springfield, starting at 9:00 p.m. in the evening.Butler County Sobriety Checkpoint: The Ohio State Highway Patrol will conduct an OVI checkpoint Friday, Sept, 14. It will happen on State Route 4 near milepost 3, in Butler County. It's being conducted in conjunction with the Fairfield Police Department and the Butler County OVI Task Force.If you want to receive updated information on sobriety checkpoints,  enhanced...

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