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judicial notice Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "judicial notice"

Ohio OVI Law; State v. Verity (admission of the NHTSA manual)

State v. Verity, 2010-Ohio-1151, 2009CA00156 (OHCA5) This case originated in the Massillon Municipal Court.  Verity was arrested for OVI and at the motion to suppress, the Trooper testified that he administered the Standardized Field Sobriety Tests according to NHTSA guidelines but he did not testify as to what those guidelines are. The trial court overruled the Motion to Suppress and Verity appealed to the Fifth District.  Shot down, right? No, the judgment was reversed. "Appellant claims the trial court erred in finding the standardized field sobriety tests were conducted in substantial compliance with the National Highway Traffic and Safety Administration (NHTSA)...

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