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illegal arrest Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "illegal arrest"

Are You Hot? You Had Better Tell Your OVI Attorney

Sometimes having an experienced OVI attorney can make all of the difference.Breath testing equipment assumes that ALL people have an expired breath temperature of a constant 34 degrees centigrade and a constant body temperature of 37 degrees centigrade.  So, what happens if these assumptions are just a little off?The BAC will register 8.62% higher than normal for each degree that the breath temperature is above normal. So, a person registering a breath test of .143% with a body temperature of 104 degrees fahrenheit would actually have a BAC of .106%.  This means quite a bit as many prosecutors would be...

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I Was Not Read My Miranda Rights, Is That A Defense To DUI?

In Miranda v.  Arizona, 384 U.S. 436 (1966), in a 5-4 decision, the United States Supreme Court held that both inculpatory and exculpatorystatements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant was informed of the right to consult with an attorney before and during questioning and of the right against self-incrimination prior to questioning by police, and that the defendant not only understood these rights, but voluntarily waived them. This had a significant impact on law enforcement in the United States, by making what became known as the Miranda rights part of routine police procedure to ensure that suspects were informed of their rights.  Most people are...

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Illegal Police Stops (by DaytonDUI)

Protecting You From Illegal Police Stops! The Fourth Amendment of the United States Constitution protects you against unreasonable searches and seizures, which  includes being unlawfully or illegally pulled over or stopped by law enforcement.  An officer cannot simply pull you over based on a hunch or intuition.  When a police officer observes a traffic violation, he or she is justified in initiating a limited stop for the purpose of issuing a citation.  State v. Brickman(2001), 11th Dist. No. 2000-P-oo58, 2001 Ohio App. LEXIS 2575.  The legal standard applied to traffic stops is reasonable and articulable suspicion, which means that the officer has reason to...

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