12 January

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Are You The Best OVI Attorney In Dayton?

Are you the best OVI attorney in Dayton? Often a prospective client will ask if I am the "best OVI attorney in Dayton." I always answer this question by saying that I am a damn good OVI attorney, but you should investigate me to determine if I am the best attorney for you. The most important decision you will make in your case is determining who will represent you. Here are some things to help you find the best OVI attorney in Dayton - FOR YOU.How Much Of Your Practice Is Dedicated To OVI Defense? OVI defense is a complex area of...

02 June

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How Do I Find A Good OVI Attorney?

Posted by Dayton DUI

in Uncategorized

I offer this common-sense guide to helping you find the right OVI attorney because I believe that with a good game plan and realistic expectations you can win your case. Since the inception of my practice I have provided the accused drunk driver with access to information about Ohio’s toughdrunk driving laws. I believe that information is the key to overcoming fear and empowering you to make good decisions. Don’t be afraid to ask tough questions and demand straight answers in order to make an informed decision. Here are 10 questions that you should use to interview potential OVI attorneys. Question One: Do...

10 May

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Blood Contamination & Candida Albicans (by DaytonDUI)

Posted by Dayton DUI

in DUI Process

If a blood sample is not properly preserved it can decompose. One of the results of decomposition is the creation of alcohol. According to Lawrence Taylor in his seminal Drunk Driving Defense, 6th Ed., pp. 561, "Ethyl alcohol is generated by fermentation of carbohydrates and proteins in the blood sample. This occurs through the actions of various microorganisms. The simplest and one of the most common processes is the breakdown of enzymes by one of various species of the yeast Candida, such as Candida albicans." The results of the fermentation in the blood vial is dramatic. For example, a blood...

27 March

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DUI Science and Blood Contamination

Posted by Dayton DUI

in DUI Process

The practice of modern DUI law involves understanding the various scientific tests that have become commonplace in forensic collection and storage of specimens for alcohol analysis. Specifically, DUI attorneys must understand that contamination can increase the concentration of ethanol in a specimen. Typically, contamination takes one of two forms. The first is straight-forward physical contamination which may manifest itself before, during or after collection. The second form of contamination occurs when microorganisms contaminate a sample and produce ethanol in the sample thereby falsely inflating the amount of ethanol therein. This article will focus on the physical contamination that may cause...

25 September

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Are the Standardized Field Sobriety Tests Fair to Fatter People?

Posted by Dayton DUI

in DUI Law

Being overweight can impact your performance on the standardized field sobriety tests. The government agency tasked with verifying the validity of the standardized field sobriety tests is the National Highway Traffic Safety Administration (hereinafter NHTSA). NHTSA concedes that being fifty or more pounds overweight affects performance on the one-leg stand test; a test requiring the suspect to raise a foot off the ground and stand on one foot for 30 seconds. See NHTSA, DWI Detection and Standardized Field Sobriety Testing, Participant's Manual (2006), re: WAT at VIII-11, re: OLS at VIII-13. Id. re: 50 lbs at VIII-13. In older versions...

06 August

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Motorcycles and DUI in Ohio

Posted by Dayton DUI

in Uncategorized

IN HONOR OF STUGIS, HERE IS SOME INFORMATION ON MOTORCYCLES AND DUI The National Highway Transportation Safety Administration (NHTSA) has developed a guide specific to motorcycle operators. The basis of this motorcycle guide are based on a 1993 study, The Detection of DWI Motorcyclists, DOT HS 807 839, March 1993; Jack W. Stuster, Anacapa Sciences Inc., wherein police reports were used to identify "cues" of impaired drivers. Over 100 "cues" were narrowed down to 14. NHTSA lables 7 of these "cues" as "excellent" predictors of impairment and 7 are considered "good" predictors of impairment. According to NHTSA "excellent" is defined as...

24 July

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DUI Science: Are Gastric Bypass Patients More Susceptible to a DUI?

Posted by Dayton DUI

in Drugs & Alcohol

According to the results of a new study in the February issue of the Journal of the American College of Surgeons, the dramatic changes that occur as a result of gastric bypass surgery can cause some people to overindulge when using alcohol thereby increasing their risk for a DUI. As cited at by Science Daily (linked HERE): Studies have shown that gastric bypass patients often find it difficult adjusting to physical and psychological changes after the procedure. An increased risk of depression, alcoholism, and other substance abuse issues for this patient population led researchers to take a more in-depth look at how...

05 June

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The Partition Ratio Defense; Do We Share a Lung?

Posted by Dayton DUI

in DUI Process

Is your lung the same as mine? The breath test machine assumes that it is. While scientific studies suggest that lung physiology can have a significant impact on breath alcohol testing, Hlastala, "The Impact of Lung Physiology on Breath Alcohol Testing," 1 DWI Journal: Law and Sciences 5, 31-48 (November/December 1986), the breath testing machines assume that all lungs are the same. It is assumed for purposes of breath alcohol analysis that a person will exhale air at an average temperature of 34 degrees C. At that assumed temperature, 2100 milliliters of alveolar air (deep lung air) is assumed to...

29 April

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DaytonDUI, Defending a Breath Test Case

Posted by Dayton DUI

in DUI Process

"I'll Huff and I'll Puff and Blow Your House Down" Did you know that your breathing pattern can significantly alter the concentration of alcohol on your evidential breath test? According to scientific research, "[t]he subject's test manner of breathing just prior to providing breath for analysis can significantly alter the concentration of alcohol in the resulting exhalation." (Jones, 1982, Schoknecht, 1989) as cited in Physiological Aspecs of Breath-Alcohol Measurement, Alcohol Drugs & Driving Vol. 6, No. 2, A.W. Jones.Hyperventilation "...

23 March

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DUI Blood & Urine Testing: Understanding Gas Chromatography

Posted by Dayton DUI

in DUI Process

If you have been arrested for a DUI involving blood testing you may encounter a testing procedure known as Gas Chromatography. Gas Chromatography is the most reliable method for alcohol testing in blood and urine and has become the accepted gold standard in forensic toxicology. Gas chromatography specificity for ethanol (drinking alcohol) is very good and this method can also identify and quantify other organic or interfering substances such as methanol and isopropanol. The two commonly used techniques for analyzing the gases are "direct injection" and "headspace analysis." The devise works by utilizing a flow-through tube known as the column. ...

Forensic science Tag

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