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Dayton DUI Attorney Charles Rowland > Posts tagged "huber heights" (Page 5)

Driving Privileges: Can A Court Prevent Me From Drinking?

A trial court is vested with a great amount of discretion in issuing limited driving privileges under an Administrative License Suspension.  A court may require, as a condition of allowing you to have pre-trial limited driving privileges, that you abstain from the use of alcohol.  The issuing court also has the discretion to order you to put bright yellow, shame-plates on your car and can order you to wear a transdermal alcohol detection unit (commonly called the S.C.R.A.M., "Secure Continuous Remote Alcohol Monitor").  What is more, the court will make you pay for the installation and monitoring of the device....

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Defending The Accusation Of Slurred Speech (by DaytonDUI)

A very common observation by law enforcement in an impaired driving investigation is the presence of "slurred speech."  Experience trial counsel will look to the totality of evidence to combat the damning accusation of slurred speech.Many traffic stops are now captured on video tape.  As the quality of the recordings has improved we are often able to hear exactly what the officer is hearing.  Reasonable people can disagree as to whether or not the speech on a video is "slurred" and whether or not it was fair for the officer to describe the speech as slurred.  Another, more subtle method...

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Miamisburg OVI Attorney

Miamisburg OVI? Start Here.  If you are arrested on suspicion of OVI (drunk driving) in Miamisburg, West Carrollton,Germantown, German Township or Miami Township, your misdemeanor DUI case will be heard in the Miamisburg Municipal Court.  The Honorable Robert W. Rettich III  was elected the Miamisburg Municipal Court judge in the general election on November 8, 2011.  He was sworn into office on December 30, 2011. The Court is served by Magistrate Margaret Quinn and Chief Bailiff Kirk J. Bell.  The Miamisburg Municipal Court, located at 10 N. First Street, Miamisburg, Ohio 45342, serves a population of over 80,000 and handles in excess of 15,000 cases per year.  The court is open Monday...

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OVI Breath Test Defenses: Exposure to Toulene

In some instances, defendants have argued that exposure to certain chemicals have caused involuntary intoxication.  Commonly, they will cite to the chemical toulene also known as methylbenzene, phenylmethane, and Toluol.  The chemical is a clear water-insoluble liquid with the typical smell of paint thinners, redolent of the sweet smell of the related compound benzene. Toluene is a common solvent, able to dissolve paints, paint thinners, silicone sealants, many chemical reactants, rubber, printing ink, adhesives (glues), lacquers, leather tanners, and disinfectants. The observed effects after consuming dizziness, euphoria, grandiosity, floating sensation, drowsiness, reduced ability to concentrate, slowed reaction time, distorted perception of time...

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Aggravated Vehicular Homicide, O.R.C. 2903.06

Aggravated Vehicular Homicide, O.R.C. 2903.06,  is a crime that results from the death of another caused by the defendant's operating a vehicle while impaired (a violation of R.C. 4511.19)  or while driving negligently or recklessly.  The statute  encompasses driving an automobile recklessly or negligently (called Vehicular homicide) whether or not alcohol played a part in the death.  Often, defendants are indicted for multiple counts, with additional counts for each victim of the accident.Under the reckless section of the statute you will be found guilty of a third degree felony which rises to a second degree felony if the driver is...

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Physical Control & Reckless Operation

Often, a client will be presented with a plea offer involving a reduction to a charge called “physical control.”  Physical control is the crime of being in control of a car while you are impaired.  It is a zero point violation under Ohio law and does not carry a mandatory license suspension.  Physical control is usually contrasted with a Reckless Operation.  To determine which reduction is advantageous, we offer this article.  Please talk to your attorney prior to accepting a “physical control” or a “reckless operation” as both have definite pros and cons. This video explains what physical control could...

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Save Your CDL (by DaytonDUI)

I Fight For Commercial DriversOhio Revised Code 4506.16 sets for the ways that you can be disqualified or lose your commercial driver’s license.4506.16(D)(5) If you are convicted of two “serious traffic violations” within a three (3) year period, your commercial driver’s license will be suspended for sixty (60) days. 4506.16(D)(6) If you are convicted of three “serious traffic violations” within a three (3) year period, you commercial driver’s license will be suspended for 120 days.If you receive a conviction of any of the following, your commercial driver’s license will be suspended for one year:4506.15(A)(2) You have a BAC...

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The Problems With Portable Breath Tests (by DaytonDUI)

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...

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Why Was I Charged With Two OVI Offenses?

There are two ways to be charged with OVI (drunk driving) in Ohio.  Often, both are charged for reasons that will be addressed shortly.  First, let's explore what the two charges mean."Per Se" Offenses:  per se is a latin phrase meaning "in itself."  It is also a legal term of art defined in Black's Law Dictionary as "taken alone...

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Arrested for OVI in Vandalia?

Vandalia Municipal Court’s jurisdiction serves approximately 83.5 square miles, which includes the Cities of Vandalia, Englewood, Clayton, Union and the Townships of Harrison and Butler, located in the Montgomery County, Ohio.  The Court is located on the 2nd floor of the Justice Center at 245 James E. Bohanan Memorial Drive, Vandalia, Ohio. The Court operates Monday through Friday, 8:00 a.m. to 4:00 p.m.  The honorable Cynthia M. Heck is the elected judge of the Vandalia Municipal Court and will preside over your case.  You may also appear before the Vandalia Municipal Court Magistrates: Bonnie Beaman Rice and Fred M. Izenson.  Listed below...

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