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Dayton DUI Attorney Charles Rowland > Posts tagged "DUI/OVI attorney" (Page 17)

OVI Law: The Officer Can Testify Even If He/She Was Incompetent

Imagine for a moment that you are stopped for suspicion of drunk driving.  The officer asks you out of the vehicle and begins to administer "standardized field sobriety tests."  You start to notice that the officer is unsure of himself.  Maybe he/she give contradictory instructions or stops you and tells you to do it a different way.  As the tests proceed you begin to fear that the officer does not know how to properly administer the tests.  Surely, this will not be used against you in court, right?It is the burden of the state to demonstrate the admissibility of the...

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OVI Case Law Update: State v. McMahon

In State v. McMahon, 12TRC-34824B, the city of Cincinnati appealed a ruling which granted a motion to suppress.  The trial court suppressed the results of McMahon’s breath test after determining that the director of health had not promulgated the necessary requirements under R.C. 3701.143 for obtaining the access card required for operation of an Intoxilyzer 8000 machine.The issue for appeal was whether the trial court correctly found that the director of health had failed to promulgate the qualifications required for the issuance of an access card to those seeking to operate an Intoxilyzer 8000 machine.  Pursuant to R.C. 3701.143, the director...

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Alcohol’s Impact On Motorcycle Operation

It is harder to control a motorcycle than it is to drive a car.  The motorcycle requires a need for greater coordination and balance.  Motorcycle accidents also carries a considerably greater risk of injury or death.  An assessment of operating performance of experienced motorcyclists using a motorcycle simulator reveal positive correlations between potentially fatal errors and breath alcohol levels well below the then-accepted legal limit of intoxication of 0.10 g/dL (Colburn et al., 1993).  Performance decrements were noted as BAC increased from 0.038-0.059 g/dL (Robinson et al., 1990).Motorcyclists drink at a higher percentage than car/truck drivers, but the motorcycle operators...

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OVI Law: You Don’t Need A Turn Signal When Going Straight

Ohio v. Paseka, 2013-Ohio-2362On December 29, 2011, Cory Paseka was traveling westbound on Lima-Sandusky Road in Erie County when he came to a fork in the road.  He continued straight on Lima-Sandusky Road and did not veer to the left which would have put him on Wahl Road.  An officer proceeded to stop Paseka for a violation of O.R.C. 4511.39 (failure to use a turn signal) which states,"No person shall turn a vehicle...

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What Is Wrong With The HGN? (by DaytonDUI)

The horizontal gaze nystagmus test is an eye test approved by the National Highway Traffic Safety Administration(hereinafter NHTSA) as a tool to detect clues of impairment in drivers.  The HGNtest is one of three psychomotor tests approved as part of the standardized field sobriety testing protocol employed by law enforcement officers throughout the United States and used here in Ohio.When an officer asks you to follow his pen, he is performing the horizontal gaze nystagmus test.  Nystagmus is defined as the oscillation of the eyeball that occurs when there is a disturbance of the vestibular system or the oculomotor control of the eye.  The nystagmus the...

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A Prosecutor’s Voir Dire Advantage: The Primacy & Recency Effect

In Ohio, the prosecuting attorney in a DUI/OVI trial gets to make the first presentation in voir dire, has the first opportunity to do opening and closing, and also has a rebuttal that follows the Defendant's closing argument.  Why is this a big advantage?Psychologists tell us that there is the tendency for the first items presented in a series to be remembered better or more easily, or for them to be more influential than those presented later in the series. If you hear a long list of words, it is more likely that you will remember the words you heard first...

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Springfield DUI: Clark County Municipal Court (Information and Links)

If you have been arrested for OVI in Springfield, Ohio, your misdemeanor OVI case will be heard in the Clark County Municipal Court.   If you need to find information about a case in the Clark County  Municipal Court you can search HERE for case information/case look-up,  or visit the court’s web site HERE.Charles M. Rowland II has represented the accused drunk driver in Springfield and the Clark County Municipal Court since 1995.  Charles Rowland dedicates his practice to OVI law and has some of the most impressive credentials for OVI attorneys in the state of Ohio.  If you find yourself in...

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Dayton DUI: Don’t Pay Your Reinstatement Fee Until Your Case Is Over…

Charles M. Rowland II may be able to get your reinstatement fee lowered from $475.00 to $40.00.  Whether or not he can do this is not decided until the end of the case.  So Don't Pay Right Away! In Ohio, any person who operates a vehicle within the state of Ohio is legally presumed to have given his or her consent to a chemical test of their blood, breath, or urine to determine alcohol content if arrested for OVI (drunk driving).  According to Ohio Revised Code 4511.191, if probable cause exists to believe that you are operating a vehicle while impaired (commonly called a DUI) and you refuse to...

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Ohio DUI Law: Crossing Jurisdictional Lines

Suppose a person sits at a bar in Richmond, Indiana listening to John Mellencamp on the juke box and drinks to a point where he exceed the .08% BAC limit in Indiana.  The person then gets in his car and drives from Richmond, Indiana into Ohio.  While in Ohio and still in excess of the .08% BAC limit he drives through Eaton, Preble County, Ohio.  Leaving Enon, the driver is noticed by a citizen who alerts the Enon Police Department and the Ohio State Highway Patrol about erratic driving and "Jack & Diane" being played very loudly in violation of...

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Arrested for OVI in Dayton, Ohio? (by DaytonDUI)

If you are arrested for drunk driving in the City of Dayton, your misdemeanor DUI case will be heard in the Dayton Municipal Court.  The Dayton Municipal Court is located at 301 West Third Street Dayton, Ohio 45402.  You can visit the Dayton Municipal Court’s website at: www.DaytonMunicipalCourt.org. Office hours for the Clerk of Court are 8:00am to 4:30pm, Monday through Friday, excluding holidays, for the acceptance of case filings and payments. Parking, Traffic and Criminal payments can also be paid online at www.PayMyFine.org.  A full list of contact numbers is available on the Court’s website and the Clerk can...

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