13 July

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Ohio DUI Law: Admissibility of the Standardized Field Sobriety Tests

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. Burnside, 100 Ohio St. 3d 152, 2003-Ohio-5372...

19 June

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Federal Court Overturns Bogus DUI

Posted by Dayton DUI

in DUI Law, DUI Process

Sober woman sues after being jailed on a false drunk driving charge. When courts acquiesce to lowering the standards for arrests and heighten the importance of placing people under arrest for the political crime of OVI, injustices are sure to follow. Just such an injustice was done to Catrena Green and she’s fighting back!Green was stopped in August 2008 by an Ohio State Trooper for failure to dim her high beams. When the Trooper stopped Green, she explained that due to the wet conditions she was trying to be careful. She then asked if she had done anything else. "No, not...

18 June

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Defending An OVI: The Hematocrit Defense

Posted by Dayton DUI

in DUI Process

How bloody is your blood? To answer this question we look at your hematocrit. The hematocrit is the number expressing the cell volume of blood (the size and number of red blood cells in proportion to the rest of the blood). As humans, we all have a natural variation in our hematocrit. Healthy men have a natural variance from 40.7% to 50% and healthy women have a natural variance from 36.1% to 44.3%. The hematocrit level is a moving target. Illness, hydration and stress can cause variations in the hematocrit level. The hematocrit level affects all breath tests by governing how...

05 June

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The Partition Ratio Defense; Do We Share a Lung?

Posted by Dayton DUI

in DUI Process

Is your lung the same as mine? The breath test machine assumes that it is. While scientific studies suggest that lung physiology can have a significant impact on breath alcohol testing, Hlastala, "The Impact of Lung Physiology on Breath Alcohol Testing," 1 DWI Journal: Law and Sciences 5, 31-48 (November/December 1986), the breath testing machines assume that all lungs are the same. It is assumed for purposes of breath alcohol analysis that a person will exhale air at an average temperature of 34 degrees C. At that assumed temperature, 2100 milliliters of alveolar air (deep lung air) is assumed to...

29 April

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DaytonDUI, Defending a Breath Test Case

Posted by Dayton DUI

in DUI Process

"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 "...

23 March

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DUI Blood & Urine Testing: Understanding Gas Chromatography

Posted by Dayton DUI

in DUI Process

If you have been arrested for a DUI involving blood testing you may encounter a testing procedure known as Gas Chromatography. Gas Chromatography is the most reliable method for alcohol testing in blood and urine and has become the accepted gold standard in forensic toxicology. Gas chromatography specificity for ethanol (drinking alcohol) is very good and this method can also identify and quantify other organic or interfering substances such as methanol and isopropanol. The two commonly used techniques for analyzing the gases are "direct injection" and "headspace analysis." The devise works by utilizing a flow-through tube known as the column. ...

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...

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...

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...

18 January

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Are We Living In The Good ‘Ole Days?

Posted by Dayton DUI

in Ohio Criminal Law

Reduced Crime Rates Recall Golden Era For the past twenty years the United States has been living through a phenomenon. In a recent Washington Post editorial, Chales Lane wrote, Between 1991 and 2010, the homicide rate in the United States fell 51 percent, from 9.8 per 100,000 residents to 4.8 per 100,000. Property crimes such as burglary also fell sharply during that period; auto theft, once the bane of urban life, dropped an astonishing 64 percent. And FBI data released Dec. 19 show that the trends continued in the first half of 2011. With luck, the United States could soon equal its...

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