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DUI/OVI attorney Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "DUI/OVI attorney" (Page 11)

Intoxilyzer 8000: The More You Blow

The Intoxilyzer 8000 is Ohio's breath testing device in DUI cases.  One of the major flaws of the machine is that its testing protocol can result in inflated tests. The more you blow, the higher it goes.Wondering Should you blow? Attorney explains in this video. The protocol for the Intoxilyzer 8000 in Ohio requires that you produce merely 1.1 liters of breath, less than the amount of air required to fill a two liter pop bottle.  The average adult can exhale between three and four liters of air.  If you are unlucky enough to be tested on this machine, the police...

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Phase Two: The Personal Contact Phase

An officer's decision to arrest for DUI involves three steps: observing the vehicle in motion, observing the driver during a personal contact phase, and administering field sobriety tests.  Evidence is collected at each stage.  If, after conducting all three phases, the officer believes probable cause exists that you are impaired, you will then be arrested.  Probable cause is a flexible, common-sense standard. It merely requires that the facts available to the officer would 'warrant a man of reasonable caution in the belief,' Carroll v. United States, 267 U.S. 132, 162 (1925), that you are impaired; it does not demand any showing that...

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St. Patrick’s Day DUI Blitz: Two OVI Checkpoints and Saturation Patrols

Stay tuned to this site for continuous updates on the St. Patrick's Day DUI Blitz. Receive alerts before the next dui checkpoint in the Miami valley area. There is a major police presence in Dayton's Oregon District as St. Patrick's Day festivities are well underway.  We have previously reported that the Kettering Police Department has begun St. Patrick's Day enforcement which will last until 3 a.m. [story HERE].The Greene County Sheriff has announced that their department will conduct saturation patrols during the holiday.  This usually means higher than usual patrols near the Mall at Fairfield Commons and The Greene.  In addition,...

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St. Patrick’s Day OVI Checkpoint In Springfield

The Clark County OVI Task Force will be operating an OVI checkpoint in Clark County tonight (March 14, 2014).  Learn about the next OVI checkpoint before it happens. The Checkpoint will begin at 8:00 pm and will be located at the 500 block of Upper Valley Pike in Springfield.  The Ohio State Highway Patrol will be conducting multiple OVI Checkpoints in Stark, Tuscarawas, Lake, Wood, Summit, Cuyahoga and Hamilton counties this weekend and during St. Patrick's Day celebrations on Monday, March 17.If you want to receive updated information on sobriety checkpoints,  enhanced traffic enforcement, saturation patrols and other important developments...

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DUI Case Law – Ohio DUI | OVI Blog (Due Process)

To understand DUI case law, it is important to understand how the United States Supreme Court analyzes due process issues.  "The Supreme Court has identified two distinct categories of fundamental liberties. The first category includes most of the liberties expressly enumerated in the Bill of Rights. Through a process known as "selective incorporation," the Supreme Court has interpreted the Due Process Clause of the Fourteenth Amendment to bar states from denying their residents the most important freedoms guaranteed in the first ten amendments to the federal Constitution. Only the Second Amendment right to bear arms, the Third Amendment right against involuntary quartering of soldiers, and the Fifth...

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Ignition Interlock Devices For Everyone – We Warned You!

H.B. 469 (Annie's Law) presented at the Ohio Statehouse on Thursday will require an ignition interlock device  be installed on the vehicle of all convicted drunk drivers, including first-time offenders.  Ohio law currently prescribes "blow to go" devices for repeat drunk driving offenders, but not on a first offense.  We have longed warned (previous story HERE) that this was at the top of MADD's agenda and a continuation of their desire to impose penalties on a driver before they are found guilty of an offense.  Essentially, this law is an attack on a person's presumption of innocence.  State Representatives Terry Johnson...

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Danger on Ohio’s Rural Roads

If you drive on Ohio's rural roads, you may be in greater danger than if you drive in a city.  In this story from WBNS-10 TV in Columbus, we learn that while traffic deaths are down across Ohio, your chance of a fatal accident is greater on Ohio's rural roads. "Numbers from the Ohio Highway Patrol show that on average, more than 500 people have died in rural road fatal crashes since 2010. That's more than double the fatal crashes on urban roads during the same time."  According to the patrol, over the past five years, fatalities on Ohio's rural roads...

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Asserting An Affirmative Defense In An OVI

In an Ohio OVI, a defendant may rely on an affirmative defense.  The Ohio Revised Code 2901.05(C) recognizes an affirmative defense to certain crimes and offenders. If an affirmative defense is asserted, the burden of proof is on the defendant to prove the affirmative defense by a preponderance of the evidence. The following are the affirmative defenses are recognized:Entrapment Insanity Self-Defense Intoxication Duress BlackoutIf you plan to assert an affirmative defense, it will be raised at the trial stage and not in a pre-trial motion.  Often, the biggest hurdle in the assertion of an affirmative defense will be crafting the affirmative defense and having the court...

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Standardized Field Sobriety Tests – An Infographic

This info graphic describes the science behind the standardized field sobriety tests (spoiler alert: There isn't much).  Field Sobriety Tests are commonly known as the roadside activities that police officers ask drivers to perform if the officer suspects that the driver is impaired by alcohol or another impairing substance. We call them “stupid human tricks.”  Contrary to popular understanding and belief, many of these tests have little basis in science, and the ones that do are frequently performed incorrectly.You are also subjected to a great variance in the officer’s understanding of the tests and his or her ability to competently administer...

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The Ohio “Clear and Convincing Evidence” Standard

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....

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