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Dayton DUI Attorney Charles Rowland > Posts tagged "Justice"

What Is The Rule of Law?

We often hear how, in order for society to function, we must uphold the "Rule of Law." But what does this mean? In one of its most simple constructions, it means that we are to be ruled by laws, not the whims of humans.  Traditionally, the rule of law has the following precepts:The government, its agents and private entities such as banking institutions and corporations are accountable to legal authority. The laws of the land are accessible, reasonably understood, stable and just; they are applied evenly so as to protect the safety of the citizens and allow for the freedom to...

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The Ohio “Clear and Convincing Evidence” Standard

Clear and Convincing Evidence is required for the standardized field sobriety tests to be admitted. Ohio Revised Code 4511.19(D)(4)(b) sets forth the standards for admissibility of the results of field sobriety tests in OVI (drunk driving) prosecutions.  See State v. Bozcar, 113 Ohio St. 3d 148, 2007-Ohio-1251, 863 N.E.2d 115 (2007).  In order for the tests to be admissible, the State must demonstrate:By clear and convincing evidence. The Officer administered the tests in substantial compliance. The testing standards for any reliable, credible, and generally accepted test. Including, but not limited to, the standards set by NHTSA.The only guidance provided for determining the meaning of “substantial compliance” has come from State v....

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