01 May

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Multiple OVI Checkpoints Around Montgomery County This Weekend

It's Cinco de Mayo! In what can only be described as a "blitz," the Ohio State Highway Patrol in conjunction with the Montgomery County OVI task force will be conducting multiple OVI checkpoints beginning Wednesday at 6:00 p.m. All available units will be out looking for impaired drivers, texting drivers, distracted drivers and generally anyone committing an offense. We have confirmed that there will be an OVI checkpoint in Vandalia.The location of the OVI checkpoint announced earlier this will be held tonight on US 40 in Vandalia. The OVI checkpoint, funded by federal grant funds, is planned from 10 p.m. to...

19 April

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Today is “All Out Day”

Posted by Dayton DUI

in News, Uncategorized

You may notice more troopers on the roadways today - Thats because today is "All Out Day."All sworn officers from all ranks of the state Highway Patrol will take to Ohio roadways Friday in a safety and awareness campaign the agency is calling “All Out Day.” All available units will be out on the road to enforce traffic laws and look for any criminal activity. The Ohio State Highway Patrol will be conducting "All Out Day" throughout Friday, April 19. The initiative consists of high visibility enforcement on the roads to deter drunk driving. We know of one OVI checkpoint which...

15 April

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Illegal Transportation of Alcohol In Ohio; O.R.C. 4301.60

Posted by Dayton DUI

in Uncategorized

"If you are going to buy a keg, buy it in Ohio," or you face violating Ohio law. Transport issues are answered at the Ohio Department of Commerce/Ohio Investigative Unit website, which states, "Any resident of this state or any member of the armed forces of the United States, who has attained the age of twenty-one years, may bring into this state, for personal use and not for resale, not more than one liter of spirituous liquor, four and one-half liters of wine, or two hundred eighty-eight ounces of beer in any thirty-day period, and the same is free of any tax...

05 April

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Standardized Field Sobriety Tests; the walk & turn test

Posted by Dayton DUI

in Uncategorized

The Trooper gave me a “walk the line” test. What was he looking for? The Walk & Turn test is a divided attention test that is used as part of the three-test battery of field sobriety tests. The officer will observe your performance on this test, looking for eight (8) clues of impairment. You will be deemed to have failed the test if you present just two (2) of the eight (8) clues. According to NHTSA, the Walk & Turn test is 68% accurate in determining alcohol intoxication above 0.10% BAC (when two or more clues are present). See generally 2006...

29 March

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Ohio OVI Law: Impairment by Drugs

Posted by Dayton DUI

in Drugs & Alcohol

Ohio is making the transition to using the Drug Recognition Expert protocol in apprehending and prosecuting impaired drivers. DRE refers not only to the officers themselves, but to the 12-step procedure that these officers use. DRE was developed by police officers from the Los Angeles (California) Police Department. In 1979, the Drug Recognition program received the official recognition of the LAPD. On October 22, 2010, Ohio became the 48th state to be accepted into the International Association of Chiefs of Police's (IACP) Drug Evaluation and Classification Program (DECP).Once approved by the IACP's DECP Highway Safety Committee, Ohio was eligible to provide the DRE...

15 March

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St. Patrick’s DUI Checkpoints Announced (Kettering, Beavercreek, Springfield, Dayton)

Posted by Dayton DUI

in Checkpoints

The Ohio State Highway Patrol has begun its "Drive Sober or Get Pulled Over" St. Patrick's day enforcement initiative. More than 78 local law enforcement agencies around the state will be conducting more than 2,100 hours of enforcement activity and 1,900 hours of saturation patrols in addition to 15 sobriety checkpoints, funded by federal grants provided through the Patrol’s Ohio Traffic Safety Office. We will keep you posted as we continue to get updates. CLARK COUNTY OVI CHECKPOINT – The Clark County OVI Task Force will be operating an OVI checkpoint within Clark County tonight to intercept impaired drivers as part of...

22 February

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Intoxilyzer 8000 Upheld in Ohio’s 11th and 12th Appellate Courts

Posted by Dayton DUI

in DUI Process

When you are accused of a DUI/OVI in Ohio, the breath test machine is presumed to be perfect. What is more, your attorney cannot challenge scientifically provable flaws in the machine or the weakness in the science supporting the machine. Such challenges are limited by a 1984 Ohio Supreme Court ruling (State v. Vega) holding that once the Ohio Department of Health certifies a machine, it becomes valid and the defendant loses the ability to argue defenses based on the underlying science of the machine. This author has made it a long-standing goal to fight this case and has done so...

02 February

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Super Bowl DUI Patrols 2013

Posted by Dayton DUI

in News, Uncategorized

This weekend, more than 81 local law enforcement agencies around the state will be conducting more than 1,925 hours of enforcement activity and 1,100 hours of saturation patrols, funded by federal grants provided through OTSO. The FBI compared saturation patrols vs. checkpoints in Ohio, Missouri and Tennessee. The study showed that "Overall, measured in arrests per hour, a dedicated saturation patrol is the most effective method of apprehending offenders (Source: FBI Law Enforcement Bulletin, January 2003). As this author has long argued, the saturation patrol is also more in keeping with American standards of justice than a checkpoint, as officers...

28 January

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The Problems With Portable Breath Tests (by DaytonDUI)

Posted by Dayton DUI

in DUI Law, DUI Process

In possibly the best article you will ever read on portable breath testing, DUI attorneys Justin McShane and Josh Lee describe the portable breath test devises which are used by the Ohio State Highway Patrol as a "potentially dangerous, non-specific and non-selective measures at roadside." You can find the article HERE and in the Voice for the Defense. The Problems of Fuel Cell Devices1.1. Lack of Specificity20 for EthanolAs PBTs are used for purportedly forensic purposes, their specificity for ethanol becomes a critical factor. The electrochemical detector is not specific for ethanol.21 Indeed, there is “much evidence to show” they are actually not...

10 January

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Butler County OVI Blitz This Friday and Saturday

Posted by Dayton DUI

in Ohio Counties

The Butler County OVI Task Force has announced that they will be conducting an "all-out" DUI blitz along Ohio 129 on Friday and Saturday night.Here is the full story as reported on WHIO-TV, BUTLER COUNTY — An upcoming OVI blitz by the Butler County OVI Task Force is designed to deter impaired drivers.Task force agents and the Ohio State Highway Patrol will saturate Ohio 129 in Butler County on Friday and Saturday. Additional officers will scour their jurisdictions for impaired drivers, according to a release.“This is our continued effort to make sure the roads are safe and there are no unnecessary tragedies...

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