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Dayton DUI Attorney Charles Rowland > Posts tagged "fairborn" (Page 3)

DUI Law Update: MADD Gets Its Cake And Eats It Too!

This DUI law update sets forth an alternate interpretation of MADDs attempt to pass Annie's Law.  Is it possible that MADD has seen the error of its ways and is seeking to do damage control?  The most common complaint about DUI enforcement in the State of Ohio concerns the ability of a police officer to seize your license and prevent you from driving for 15 or 30 days (first offense) before you are even taken to court.  We often hear a shocked response of, "What about innocent until proven guilty?"  Is this criticism causing MADD to look for a different...

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DUI Case Law Update: State v. Ilg

DUI case law update: State v. Ilg, Slip Opinion No. 2014-Ohio-4258For most of my career I have had to deal with a tremendous disadvantage in DUI cases.  In 1984, the Ohio Supreme Court decided State v. Vega, 12 Ohio St. 3d 185, 465 N.E.2d 1303 (1984) which was interpreted to prevent an attack on the breath test machine if it attacked the "general reliability" of a breath alcohol test if it was "conducted in accordance with methods approved by the director of the Ohio Department of Health." Id.  In practical purposes, courts used VEGA to preclude almost all attacks on a...

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Ohio OVI and Marijuana Blitz Along I-75

If you are driving along Interstate 75 this weekend, be aware of an Ohio OVI and marijuana enforcement blitz that may cause you to get stopped.OVI: The Ohio State Highway Patrol will team up with law enforcement officials from Florida to Michigan along the Interstate 75 corridor for the third I-75 Challenge. The initiative begins Friday, September 26 at 12:01 a.m. and ends Sunday, September 28 at 11:59 p.m. This effort is a high visibility enforcement initiative aimed at reducing traffic crash fatalities. Troopers in Ohio will be focusing on speed, safety belt and OVI enforcement during the initiative.Marijuana: The Ohio State...

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Wilmington OVI Checkpoint At US 22 Tonight!

There will be a Wilmington OVI checkpoint tonight from 9 p.m. until midnight on US 22 just west of Progress Way in Wilmington.  Aggressive saturation patrols will also accompany the checkpoint.Stay ahead of the checkpoints!  If you want to receive updated information on sobriety checkpoints, enhanced traffic enforcement, saturation patrols and other important developments that affect you, sign up for text alerts on the main page of this blog. Text alerts will be sent directly to your mobile device/smartphone in the location you choose in the Miami Valley. This service is free and available to the general public.You can also...

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The Ohio Investigative Unit Conducts “Trace Back Investigations”

The Ohio Investigative Unit (formerly Liquor Control) has taken on a new task in Ohio - "trace back" investigations.  When a fatal crash occurs and alcohol or drugs are suspected, the OIU will step in to see where the alcohol came from and whether or not the person providing the alcohol or drugs can be held responsible.Through an integrated re-structuring within the Ohio Department of Public Safety that will reduce facility costs, streamline administrative functions and lead to better collaboration through improved information sharing and oversight, Ohio troopers will continue to focus on the suspected impaired driver, but Ohio Investigative...

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DaytonDUI Court Finder: Where Is Your DUI Case?

DUI Court Finder You have found the DaytonDUI Court Finder.  Below are links to almost every municipal court in the Miami Valley.  Most of these sites allow you to look up case information and provide valuable information about interfacing with the court regarding your case.  If you hire DaytonDUI, you can follow you case on-line at these sites as well.  If you have any questions about your case or how a particular court handles DUI issues like: arraignment, driving privileges, pre-trial conferences, probation or motions to suppress, call us at (937) 318-1384 [318-1DUI]Montgomery County Municipal CourtsMontgomery County Municipal Court (Eastern Division) Montgomery...

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Kettering OVI Checkpoint Tonight! (Aug. 29, 2014)

Kettering OVI checkpoint tonight! The Kettering Police Department will conduct an OVI sobriety checkpoint Friday night from 11:00 p.m. until 3:00 a.m. at the 1000 block of East Dorothy Lane.  The OVI checkpoint will be accompanied by aggressive saturation patrols.  This checkpoint is paid for by federal grant funds and is part of the Drive Sober or Get Pulled Over campaign.If you want to receive updated information on Springfield OVI checkpoint locations, enhanced traffic enforcement, saturation patrols and other important developments that affect you, sign up for text alerts on the main page of this blog. OVI checkpoint alerts will be...

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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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Rolling Springfield OVI Checkpoints Tonight (Aug. 22, 2014)

Rolling Springfield OVI checkpoints tonight in Springfield and Enon.  The Clark County OVI Task Force will be operating a rolling OVI checkpoint in Clark County tonight Friday August 22 starting at 7:00 pm. Locations will be held at Main St. in Enon and 40/68 in Springfield. A rolling checkpoint means that multiple locations will be set up in Clark County in one evening.   This is part of the Drive Sober Get Pulled Over national campaign.  The campaign began August 15th and will conclude September 1st.If you want to receive updated information on Springfield OVI checkpoint locations, enhanced traffic enforcement, saturation...

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