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DUI/OVI attorney Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "DUI/OVI attorney" (Page 8)

OVI Trial Practice: Admission of the Alcohol Influence Report

The Alcohol Influence Report is a document prepared by the arresting officer noting each and every indicator for alcohol impairment that they took note of in their investigation.  Most of the forms require that the officer simply check the predetermined indicator.  Not surprisingly, all the officer's observations fall neatly into these predetermined areas. The report is a document of the officers opinions and should not be considered routine ministerial reports of a non-adversarial nature.   Clearly, letting the jury have this document as evidence to review in the jury room would be prejudicial to an OVI defense.Evidence Rule 803(8) excludes...

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Driving Is A Right Not A Privilege

Driving Is A Right!Have you ever been told that "driving is a privilege?" Bah! This author argues that the DUI case law needs to be expanded to include “driving” as a fundamental right under the First Amendment’s Freedom of Assembly. Thus, the analysis should be under the substantive due process analysis not simply under the procedural due process analysis. Because the human rights of freedom of movement, right to earn a living and the right to peaceably assemble are only capable of being maintained with a valid driver’s license, the Court should require a more rigorous standard before depriving someone...

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Ohio DUI Law R.C 4511.19(A)(2) “a codified dilema”

Ohio DUI law R.C. 4511.19(A)(2) enhances the penalty for a motorist who, having been convicted once in the last six (6) years, after having been arrested, refuses to take a blood, breath or urine test.  In State v. Hoover,173 Ohio App.3d 487, 2007-Ohio-5773, the issue of whether or not a person can have a DUI sentence enhanced pursuant to R.C. 4511.19(A)(2) for refusing to take a chemical test was before the Ohio Supreme Court.  The government sought to have the sentence of Corey Hoover enhanced from the ten (10) day mandatory penalty for a second time DUI offender in Ohio to...

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Determining Probable Cause For An OVI Offense

A warrantless arrest must be supported by probable cause in order to be constitutionally valid. State v. Timson, 38 Ohio St.2d 122, 67 Ohio Op.2d 140, 311 N.E.2d 16 (1974).  In order to make a finding that probable (more likely than not) cause existed the court must look at the totality of the circumstances surrounding the arrest. State v. Miller,  117 Ohio App.3d 750, 691 N.E.2d 703 (11th Dist. Court of Appeals 1997), State v. Brandenburg, 41 Ohio App.3d 109, 534 N.E.2d 906 (2nd Dist. Court of Appeals, Montgomery County 1987). "[B]ecause of the mosaic which is analyzed for a...

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Ohio DUI Crackdown Begins Today!

You can expect a major increase in Ohio DUI enforcement beginning today.  Operation "Drive Sober or Get Pulled Over" will put 99 law enforcement agencies on our roads with over 8,400 hours of extra enforcement that will run through Labor Day.  The national Drive Sober or Get Pulled Over crackdown is a program organized by the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) and focuses on combining high-visibility enforcement with heightened public awareness through advertising and publicity.If you want to receive updated information on Dayton OVI checkpoint locations, enhanced traffic enforcement, saturation patrols and other important developments...

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A Motion To Suppress Is Vital In An Ohio DUI Case

In State v. French, 72 Ohio St. 3d 446, 1995-Ohio-32, 646 N.E. 2d 887 (1995), the Ohio Supreme Court held that a pretrial motion to suppress is the only way to challenge the admissibility of a chemical test.  If not filed, the results will be automatically admissible at trial.  The prosecuting attorney will not need to lay a foundation and any objection by the defense as to their admission will be overruled by the judge.  This makes choosing an experienced DUI attorney vital to your case as they will know what to challenge in a pretrial suppression motion.A motion to...

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Judges Express Concerns Over Ignition Interlock Implementation

As Ohio is contemplating "Annie's Law" which would require Ignition Interlock Devices for every first-time OVI offender, it is important to look at how implementation went in other states.  The National Highway Traffic Safety Administration recently released a report on Arizona's adoption of the law. DOT HS 812 025, Ignition Interlock: An Investigation into Rural Arizona Judges’ Perceptions, Fred Cheesman, Matthew Kleiman, Cynthia G. Lee, and Kathryn Holt (May, 2014).   In 2007, Arizona became the second state in the nation to require all first-time drunk driving offenders to equip their vehicles with ignition interlock devices. The first was Arizona’s...

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The Dayton DUI Blog Gets Recognition

This very Dayton DUI blog has received inclusion in the LawBlogs.net collection of prestigious legal blogs.  At LawBlogs.net they have collected blogs that deal with almost every conceivable area of law.  It is well organized and fully integrated so that you can follow it on Twitter, Facebook and G+.  Look for us listed as Ohio DUI | OVI Blog!The founder, Matthias Klappenbach explains, I would love to start building out this community of law blogs. Right now there's barely anyone around. Visitors are coming through links from JuraBlogs.com or somehow find the site on Google. However I will keep adding features...

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Vehicle Forfeiture: Where Does The Money Go?

Have you ever wondered where the money goes following a vehicle forfeiture?Does your police agency have some really cool sports cars, tricked out SUVs or ruggedly expensive off-road vehicles?  Chances are they got it via Ohio's vehicle forfeiture law.  Pursuant to R.C. 4503.234(C)(1), the agency that arrested a defendant has a virtual right of first refusal on any forfeited vehicle.  All they have to do is satisfy the lienholder or the innocent non-owners interest if they have protected their interest in the vehicle.If law enforcement does not want the vehicle it will be sent to auction.  Prior to the sale...

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Methods for Obtaining A Test Under Ohio’s Implied Consent Law

  When you drive on Ohio's roadways you are assumed to have consented to a search of your blood, breath, plasma or urine if you are arrested pursuant to the Ohio Drunk Driving statute, R.C. 4511.19(A) or R.C. 4511.19(B). Ohio Revised Code 4511.191(A)(2) is Ohio's Implied Consent Law. It states, in pertinent part,  "Any person who operates a vehicle, streetcar, or trackless trolley upon a highway or any public or private property used by the public for vehicular travel or parking within this state or who is in physical control of a vehicle, streetcar, or trackless trolley shall be deemed to have...

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