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Dayton DUI Attorney Charles Rowland > Posts tagged "fairborn" (Page 10)

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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Is This The End of Drunk Driving Arrests?

Will there still be drunk driving arrests in the future?  This is the question raised by Money Watch and CBS in the article about autonomous cars, "Will Your Car Be Driving Itself By 2020?"  According to the article,  "[i]t all sounds like science fiction: cars that drive themselves, navigate streets and avoid crashes. But last week Nissan said it would have such "autonomous cars" to sell by 2020. And General Motors chimed in that it may have a similar model by then."  The government is not as convinced. "The car--no matter how automated--is not yet ready to be more than a co-pilot,"...

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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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MADD’s Agenda For Ohio Is Announced

Over the last decade we have learned MADD's agenda for Ohio via its "Campaign To Eliminate Drunk Driving."  Their legislative and lobbying efforts have focused on three areas.Support for high-visibility law enforcement activities Legislation requiring ignition interlocks for all convicted drunk drivers Development of automotive technologies for passive alcohol detectionMADD's agenda for Ohio includes continuing the ineffective and expensive OVI checkpoint approach that is accompanied by a large budget media campaign.  This year, MADD's agenda for Ohio included a buy-in on their media blitz to announce the new ROBOCOP movie.  As could be expected, they want to expand on this concept.MADD's agenda...

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DUI Blitz Planned Along I-75 Corridor

DUI Blitz - If you are driving along 1-75 this weekend, be prepared for an enhanced police presence.  The 6-State Trooper Project includes the Ohio State Highway Patrol, Kentucky State Police, Indiana State Police, Pennsylvania State Police, West Virginia State Police and the Michigan State Police.The Ohio State Highway Patrol will be joining forces with other members of the 6-State Trooper Project to focus on crash causing violations.  Troopers will be targeting safety belt, aggressive driving, and OVI related violations along the Interstate 75 corridor.  The initiative will take place from February 21, at 12:01 a.m. through February 23, at...

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Ohio’s Best Evidence Rule: What Does It Keep Out Of Evidence?

Ohio's Best Evidence Rule is set forth at Evid.R. 1002.  It is very similar to its' federal counterpart.  Ohio Rule of Evidence 1002 provides that,To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these rules or by statute enacted by the General Assembly not in conflict with a rule of the Supreme Court of Ohio. But also like its federal counterpart, Ohio Rule of Evidence 1004(1), Ohio's Best Evidence Rule, provides thatThe original is not required, and other evidence of the contents of a writing, recording, or photograph is admissible if...

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Alcohol Is A Central Nervous System Depressant

Alcohol is classified as a Central Nervous System Depressant for its effects on the human body.  It is listed as such for purposes of DUI investigations in the 2013 National Highway Traffic Safety Administration (hereinafter NHTSA) "DWI Detection and Standardized Field Sobriety Testing" Participant Guide. See NHTSA, HS 178 R5/13.  CNS Depressant type drugs (see below) slow down the operations of the brain, and usually depress the heartbeat, respiration, and many other processes controlled by the brain. The most familiar and ubiquitous Central Nervous System Depressant is alcohol. Other Depressants of the Central Nervous System include:• Barbiturates (such as Secobarbital (Seconal), and Pentobarbital...

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