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Expert witness Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "Expert witness"

Ohio OVI: Standardized Field Sobriety Tests & Marijuana

State v. Dixon, 2007-Ohio-5189 (Ohio Ct. App. 12th Dist. Clermont County 2007).More and more, we are seeing law enforcement officers arrest drivers on suspicion of operating a vehicle under the influence of marijuana.  Often, an officer will request a urine test for marijuana after a defendant has blown substantially under the per se alcohol limit on a breath test machine.  This raises questions about the proper determination of probable cause.  If, for example, no alcohol was suspected how did the officer arrive deduce enough evidence to make an arrest? Were the standardized field sobriety tests administered to detect alcohol or...

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Ohio Speeding Law Update: Laser Guns & Admissibility

Great Speeding Decision from the 12th Appellate District In State v. Starks, 2011-Ohio-2344 the Defendant was stopped for a speeding violation  in a construction zone and went to trial pro se. He objected to any testimony regarding a laser gun.  The trial court took judicial notice of the reliability of the laser gun and the defendant was convicted.  He appealed to the 12th District Court of Appeals and his conviction was reversed.  The Court ruled, Although the underlying principles of laser technology may be the same from one device to another, generally judicial notice as to the reliability of a...

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Intoxilyzer 8000 Evidence Thrown Out in Circleville, Ohio

Rollout of breath tester hits legal snag As reported HERE in the Columbus Dispatch, "Judge Gary Dumm of Circleville Municipal Court ruled Thursday that test results from the Intoxilyzer 8000 will not be admitted in his court until the state can present scientific proof that the machine's technology is sound."  This flirts with overturning the 1984 Ohio Supreme Court ruling in State v. Vega that states that breath tests in general cannot be challenged by expert testimony, Dumm said the ruling permitted him to examine whether the Intoxilyzer 8000 was "proper equipment."Columbus lawyer Tim Huey, president-elect and DUI chairman...

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