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Dayton DUI Attorney Charles Rowland > Posts tagged "impaired driving"

How Much Did Ohio Receive In Grants In 2015?

In fiscal year 2015, Ohio received grants totaling $18,020,292 in Section federal grants to improve driver behavior and reduce deaths and injuries from motor vehicle-related crashes.Here is a breakdown  of how Ohio spent its share of the money:$2,045,296 was received by Ohio in FY 2015 for 405b Occupant Protection $1,401,509 was received by Ohio in FY 2015 for 405c State Traffic Safety Information System Improvements $5,028,774 was received by Ohio in FY 2015 for 405d Impaired Driving Countermeasures $158,457 was received by Ohio in FY 2015 for 405f Motorcyclist Safety $1,300,653 was received by Ohio in FY 2015 for sec. 164 Repeat Offender Transfer Provision Total FY...

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How To Cheat On The Finger To Nose Test

The finger to nose test is making a comeback.  In 1977, a study was conducted by the National Highway Traffic Safety Administration wanted to see if the tests being conducted by police officers were actually indicative of impairment.Marcelline Burns and Herbert Moskowitz conducted laboratory evaluations of several of the tests that were most frequently-used by law enforcement officers at the time (Burns and Moskowitz, 1977). In addition to a variety of customary roadside tests (e.g., finger-to-nose, maze tracing, backward counting), the researchers evaluated measures of an autonomic reaction to central nervous system depressants, known as Horizontal Gaze Nystagmus.Out of the...

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Rowland To Train As Drug Recognition Expert

Later this month, Charles M. Rowland II will receive certification in the latest techniques of the Drug Recognition Expert protocol now being used across the nation.  Rowland will be among the first attorneys in Ohio to receive this certification which will make him uniquely suited to defend drives accused of driving while impaired by illegal or prescription drugs."More and more, we are seeing an increase in drug trafficking cases. The Ohio State Highway Patrol has become much more aggressive in using a traffic stop as a pretense to do an extensive search for illegal drugs," Rowland said.  These stops frequently...

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Community Control (Probation) in an OVI Case

If you are charged with a DUI (now called OVI; operating a vehicle impaired) chances are you will be placed on probation at the disposition of your case. Probation is now called "community control" and provides for terms and conditions you must comply with in order not to go to jail.  Probation requires you to work with a "probation officer" (P.O.) for a given period of time as set by the court.  A common misconception is that the probation officer will actively work against you in an effort to return you to jail.  Most of the time, the probation officer is working to make...

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License Plate Light Not Illuminated (O.R.C. 4513.05)

In Ohio, it is illegal to operate a motor vehicle without a white light illuminating the rear registration plate. See O.R.C. 4513.05.  This law is often used as a pretext for a traffic stop which allows the officer to come into contact with the motorist.  Here is a full text of the law. 4513.05 Tail lights and illumination of rear license plate. (A) Every motor vehicle, trackless trolley, trailer, semitrailer, pole trailer, or vehicle which is being drawn at the end of a train of vehicles shall be equipped with at least one tail light mounted on the rear which, when lighted,...

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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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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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Morphine, Heroin and the Horizontal Gaze Nystagmus

In the past years, my office has seen an increase in the number of “drugged” driving cases we receive. While arrests for marijuana make up the vast majority of those cases, we are also seeing a dramatic rise in prescription drug cases along with traffic stops implicating harder drugs such morphine and heroin.As with other impaired driving cases, it is vital that you know the observations that would be consistent with impairment by that drug.  It is also vital that you determine if the “standardized field sobriety test” protocol adopted in Ohio is applicable in recognizing clues of impairment due...

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Ohio OVI Law: Impairment by Drugs of Abuse

Image via WikipediaOhio Revised Code 4511.19(A)(1)(j) prohibits the operation of a vehicle under the influence of any of the following controlled substances: amphetamine, cocaine, cocaine metabolite, heroin, heroin metabolite (6-monoacetyl morphine), L.S.D., marijuana, marijuana metabolite, methamphetamine, phencyclidine, salvia divinorum, or salvinorin A.  The statute sets forth statutorily prohibited concentrations of each of the drugs set forth above.  For impairment purposes, "drugs of abuse" is defined  as set forth in Ohio Revised Code 3719.01 which includes not only illegal drugs and/or controlled substances  but also includes harmful intoxicants under Ohio Revised Code 2925.01(I) and dangerous drugs under Ohio...

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