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Dayton DUI Attorney Charles Rowland > Posts tagged "huber heights" (Page 14)

Driving While High?

[caption id="" align="alignright" width="256" caption="3D rendering of the THC molecule "][/caption]Today, 90 million Americans have the right to access medical marijuana when they are seriously ill.  Ohioans will consider the passage of a medical marijuana bill this fall.  As more states decriminalize and legalize marijuana, law enforcement is scrambling to deal with what it warns will be a dramatic increase in driving while stoned.  What can we expect?LAW ENFORCEMENT RESPONSE. Many states have adopted a specified training regimen for law enforcement officers.  This protocol allows officers to testify as to specific observations of marijuana impairment.  Drug Recognition Experts (DRE) are trained to...

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Admissibility of the Standardized Field Sobriety Tests – Statutory Rules

Ohio Revised Code 4511.19(D)(4)(b) sets forth the law on admissibility of the standardized field sobriety tests in Ohio.  It reads, in pertinent part: (b) In any criminal prosecution or juvenile court proceeding for a violation of division (A) or (B) of this section, of a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, or of a municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum...

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“Hiding the Ball” in Ohio DUI Cases

ODH and the Disappearing Intoxilyzer 8000 RecordsOne of the proposed benefits of the adoption of the Intoxilyzer 8000 was to be the consolidation of breath test records in one place.  Previously, breath test records were maintained by the individual police departments.  Implementation and maintenance of the Intoxilyzer 8000 is the responsibility of the Ohio Department of Health and specifically the ODH's Bureau of Alcohol and Drug Testing.  The Ohio Department of Health has started a web site containing all information about breath tests in the state, called the Breath Instrument Data Center. [HERE]  Records were to be available on-line and...

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DUI Case Law Update: State v. Houck

 State v. Houck, 2011-Ohio-6359, In State v. Houck, the Fifth District Court of Appeals upheld a decision of the lower court on defendant's Motion to Suppress.  The issue involved an arrest for OVI which was made after an officer alleged the defendant was weaving within his lanes and crossing the center line ONCE.  Just one problem.  When the video was viewed at the motion to suppress hearing, no weaving and no crossing of the center line was observed.  "In this case, the video tape introduced at trial affirmatively demonstrates Appellee’s vehicle did not appear to swerve back and forth and does not...

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MADD Fights For DADDS Technology Study In Senate Transportation Bill

In a great article in Politico, Kathryn Wolfe describes the fight brewing between MADD and the opponents of their latest prohibition technology - DADDS.  MADD has been working with major insurance companies and automobile manufacturers to get a passive alcohol system (called DADDS) as mandated equipment in every automobile in the world.  In 2008, at MADD’s urging, the Automotive Coalition for Traffic Safety entered into a $10 million agreement with the federal government to develop such a technology. This system would  search every driver (not just convicted DUI offenders) every single time they started their car.  This year, MADD's power as...

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You Have The Right To Remain Silent

We frequently encounter jurisdictions that conduct "interviews" with a suspect following an arrest.  These interviews are carefully crafted checklists that gather incriminating statements related to the elements of the crime and further attempt to limit mitigating factors which your attorney may later wish to assert.  The questions typically seek to establish that the suspect was "operating" the vehicle.  Officers will also ask what the person had to eat and drink, when, where and how much.  Medical issues, mental issues, eye health, and other questions seek to limit the suspect's ability to later assert a defense to the clues of impairment...

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Aggravated Drug Trafficking vs. Drug Trafficking in Ohio

Because of the high-profile nature of drug offenses, trafficking in drugs has overlapping federal and state jurisdiction.  The Comprehensive Drug Abuse Prevention and Control Act is the legal foundation of "War on Drugs" in the United States. The Act regulates the manufacture, possession, movement, and distribution of drugs in our country. It places all drugs into one of five schedules, or classifications, and is controlled by the Department of Justice and the Department of Health and Human Services, including the Federal Drug Administration.  Ohio law, as set forth below, adopts this drug classification system.  Drug trafficking can be charged as...

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WCPO I-Team Questions the Standardized Field Sobriety Tests

“I would never recommend anyone take the field sobriety test. It’s designed to fail.”  That is the conclusion of Dr. Spurgeon Cole, a retired Clemson University psychology professor whose area of expertise is the study of measurements.  He says all ages are scored the same, and “whether you’re a good athlete or you’re a klutz, you get the same [test].”  This conclusion is set forth in the I-team investigation into the Standardized Field Sobriety Tests by WCPO, ABC 9 in Cincinnati. Full Story HERE.  Attorneys who defend the accused drunk driver agree. “They are setting you up to fail," MJ Donovan...

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