29 April

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DaytonDUI, Defending a Breath Test Case

"I'll Huff and I'll Puff and Blow Your House Down" Did you know that your breathing pattern can significantly alter the concentration of alcohol on your evidential breath test? According to scientific research, "[t]he subject's test manner of breathing just prior to providing breath for analysis can significantly alter the concentration of alcohol in the resulting exhalation." (Jones, 1982, Schoknecht, 1989) as cited in Physiological Aspecs of Breath-Alcohol Measurement, Alcohol Drugs & Driving Vol. 6, No. 2, A.W. Jones.Hyperventilation "...

28 March

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MADD Fights For DADDS Technology Study In Senate Transportation Bill

Posted by Dayton DUI

in DUI Law

In a great article in Politico, Kathryn Wolfe describes the fight brewing between MADD and the opponents of their latest prohibition technology - DADDS. MADD has been working with major insurance companies and automobile manufacturers to get a passive alcohol system (called DADDS) as mandated equipment in every automobile in the world. In 2008, at MADD’s urging, the Automotive Coalition for Traffic Safety entered into a $10 million agreement with the federal government to develop such a technology. This system would search every driver (not just convicted DUI offenders) every single time they started their car. This year, MADD's power as...

17 March

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St. Patrick’s Day OVI Checkpoints in Clark, Greene, Montgomery & Shelby Counties

Posted by Dayton DUI

in Checkpoints, News, Uncategorized

This is going to be an active weekend for law enforcement with every jurisdiction reporting increased patrols. There will also be OVI checkpoints in Greene, Clark, Shelby and two in Montgomery County. Details of the locations and times will be updated at this blog posting as we get them [so check back often]. Here's what we know so far:Clark County (Springfield): There will be an OVI checkpoint operated tonight from 6pm until 10pm at St. Rt. 40 and St. Rt. 68 in Springfield. The checkpoint is in conjunction with the Ohio State Highway Patrol and the Clark County Combined DUI...

15 March

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St. Patrick’s Day Drunk Driving Initiative Announced

Posted by Dayton DUI

in Announcements

The Miami Valley is teaming up to make Dayton's St. Patrick's Day celebration a safe one. ENFORCEMENT: The Combined Agency OVI Task Force of Montgomery County has allocated over 280 OVI patrol hours for the upcoming St. Patrick's Day weekend. In addition, the OVI Task Force will conduct two OVI checkpoints throughout the weekend. "Driving is simply not worth the risk," warns Task Force spokesman John DiPietro.PREVENTION: This effort will be combined with the return of "Operation Arrive Safe," an innovative and successful program administered by Montgomery County Prosecutor Mat Heck, AAA Miami Valley, Sandy's Towing and Heidelberg Distributors. You...

17 February

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The Prescription Drug Defense

Posted by Dayton DUI

in Drugs & Alcohol

While many people think of impaired driving as involving alcohol, we are increasingly seeing people accused of being impaired by prescription drugs. Clients are surprised to learn that the same harsh penalties that apply to alcohol impairment also apply to prescription drug impairment. You need an attorney who knows how to fight a drugged driving case.Drugged driving cases involving prescription drugs present a problem for law enforcement as indicators of prescription drug use are less apparent. The standardized field sobriety tests are crude tools for detecting alcohol and may be useless in determining prescription drug impairment. Challenging the officer's observations...

31 January

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Ohio Controlled Substances Act, Drug Schedules

Posted by Dayton DUI

in Drugs & Alcohol, Ohio Criminal Law

If you get arrested for possession of a controlled substance, it feels like your world is falling apart. If you are unfamiliar with the judicial system you are likely scared to death and wondering what will happen. The first and most important decision you can make at this point is to hire an experienced and competent defender. Charles M. Rowland II will file a motion to suppress, aggressively prepare for trial and present your best case to the prosecutor. Preparation leads to better results including dismissal, a reduction in your charge, treatments in lieu of conviction, or an acquittal at...

27 January

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Intoxilyzer 8000 Is Unreliable!

Posted by Dayton DUI

in DUI Law, DUI Process

Today, in State v. Heather Reid, Case No. TRC 1100716 in the Circleville Municipal Court, Judge Gary Dumm has ruled that "The State of Ohio cannot expect this Court to find the Intoxilyzer 8000 reliable when the State refuses to address known problems and explain why those problems can be ignored."The Court calls for independent laboratory testing to address the issues raised by the adoption of the Intoxilyzer 8000: RFI, sample size of the chamber, volume of the sample tested, possible operator manipulation of the results, possible CMI modifications of the software without the knowledge of ODH and slope detector...

25 January

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Clark County Prosecutor Sets Up Diversion Program

Posted by Dayton DUI

in Ohio Counties, Ohio Criminal Law

Last week the Clark County Prosecutor's Office sent out a letter detailing a new diversion program. The announced "goal of the program is to promote the efficiency within the Clark County Common Pleas Court while allowing lower level felony offenders an opportunity to avoid the handicap of a life altering felony conviction." The new diversion program is modeled on established programs in Franklin and Montgomery Counties. The letter indicates that approximately 50 people a year will be permitted to take advantage of the diversion program. The program coordinator is Sandee Selner and the Assistant Prosecuting Attorney Greg Morris has been...

23 January

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Big 4th Amendment Win In The United State Supreme Court

Posted by Dayton DUI

in DUI Law, Ohio Criminal Law

Today the Supreme Court of the United States unanimously held that attaching a GPS device to a vehicle and using that GPS device to monitor the movements of the vehicle constitutes a "search" under the Fourth Amendment. Read the decision in United States v. Jones, here. This decision was one of the most anticipated cases in this Supreme Court term and had many civil liberties proponents holding their breath. Associate Justice Antonin Scalia said that the government’s installation of a GPS device, and its use to monitor the vehicle’s movements, constitutes a search, meaning that a warrant is required. “By...

20 January

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Arrested for DUI in Xenia or Bellbrook?

Posted by Dayton DUI

in Ohio Cities

IF YOU ARE ARRESTED IN XENIA, CEDARVILLE OR BELLBROOK? Start here. Xenia Municipal Court, and the honorable Michael Murry, has jurisdiction over OVI/DUI violations of any ordinance of any municipal corporation within its territory. The Xenia Municipal Court has jurisdiction for the cities of Xenia and Bellbrook; the villages of Yellow Springs, Cedarville, Jamestown, Spring Valley, and Bowersville; and the townships of Sugarcreek, Xenia, Cedarville, New Jasper, Silvercreek, Ceasarcreek, Miami, Jefferson, Ross, and Spring Valley. The Court’s jurisdiction also includes four college campuses: Central State University, Wilberforce University, Cedarville College, and Antioch College. Law enforcement agencies located within the jurisdiction of the...

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