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Dayton DUI Attorney Charles Rowland > Posts tagged "kettering" (Page 7)

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8,000 DaytonDUI Fans Can't Be Wrong If you like the articles related to Ohio DUI law that you see here, please join our 8,000+ fans on Facebook.  The Dayton DUI Facebook page is a constant feed of information related to Ohio DUI law, decisions from the Ohio and United States Supreme Court, red-light cameras, checkpoints throughout Ohio, developments in civil liberties and the latest information about DaytonDUI.  I promise to work really hard to bring you relevant, funny and enlightening content on a daily basis.  Facebook also offers you a way to participate and register your opinions about Ohio's tough DUI laws.  So please consider giving...

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Standardized Field Sobriety Tests; the walk & turn test

The Trooper gave me a “walk the line” test.  What was he looking for? The Walk & Turn test is a divided attention test that is used as part of the three-test battery of field sobriety tests.  The officer will observe your performance on this test, looking for eight (8) clues of impairment.  You will be deemed to have failed the test if you present just two (2) of the eight (8) clues.  According to NHTSA, the Walk & Turn test is 68% accurate in determining alcohol intoxication above 0.10% BAC (when two or more clues are present).  See generally 2006...

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Gas Chromatography Mass Spectrometry (An Overview)

To fully comprehend the processes of chemical testing, your DUI attorney should understand gas chromatography - mass spectrometry. Gas chromatography mass spectrometry (hereinafter GCMS)  is a method that combines the features of gas-liquid chromatography and mass spectrometry to identify different substances within a test sample.  GC-MS has been widely heralded as a "gold standard" for forensic substance identification because it is used to perform a specific test.Ohio Administrative Code 3701-53-03(A) sets forth the techniques and methods for determining the concentration of alcohol in blood, urine and other bodily substances.  Pursuant to that rule, Ohio allows for testing including gas chromatography and enzyme assays.  The GCMS instrument is...

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Ohio OVI Law: Impairment by Drugs

Ohio is making the transition to using the Drug Recognition Expert protocol in apprehending and prosecuting impaired drivers.   DRE refers not only to the officers themselves, but to the 12-step procedure that these officers use. DRE was developed by police officers from the Los Angeles (California) Police Department. In 1979, the Drug Recognition program received the official recognition of the LAPD.  On October 22, 2010, Ohio became the 48th state to be accepted into the International Association of Chiefs of Police's (IACP) Drug Evaluation and Classification Program (DECP).Once approved by the IACP's DECP Highway Safety Committee, Ohio was eligible to provide the DRE...

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DUI Science and Blood Contamination

The practice of modern DUI law involves understanding the various scientific tests that have become commonplace in forensic collection and storage of specimens for alcohol analysis.  Specifically, DUI attorneys must understand that contamination can increase the concentration of ethanol in a specimen.  Typically, contamination takes one of two forms.  The first is straight-forward physical contamination which may manifest itself before, during or after collection.  The second form of contamination occurs when microorganisms contaminate a sample and produce ethanol in the sample thereby falsely inflating the amount of ethanol therein.  This article will focus on the physical contamination that may cause...

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Prior Convictions Used To Enhance An OVI

It is not uncommon for a client to choose my representation on a second, third, or fourth OVI offense.  One of the first things we check is whether or not the client was represented by an attorney in the previous convictions.  We also check to see if the prior plea had a valid waiver of counsel.  Both of these issues were addressed by the Ohio Supreme Court in State v. Brooke, 113 Ohio St. 3d 199, 2007-Ohio-1533, 863 N.E. 2d 1024 (2007), wherein the Court stated: Generally, a past conviction cannot be attacked in a subsequent case.  However, there is a...

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Kettering OVI Attorney

If you have been arrested for OVI in Centerville, Kettering, Moraine or Washington Township, your misdemeanor OVI case will be heard in the Kettering Municipal Court.  If you need to find information about a case in the Kettering Municipal Court you can search HERE for case information/case look-up, or visit the court’s web site HERE.Charles M. Rowland II has represented the accused drunk driver in the Kettering Municipal Court since 1995 and dedicates his practice to OVI law.  He has some of the most impressive credentials for OVI attorneys in the state of Ohio that you can review HERE.  If you find yourself in need of...

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Arrested for DUI? You Are Innocent.

If you tell your friends that you were arrested for punching someone in the face, their overwhelming reaction will be, "Wow, what happened?"  If, however, you tell them that you were arrested for DUI, those same friends will say, "Oh, I'm so sorry."  What is the difference?  When a person is facing a DUI charge, guilt is assumed.  How in the world did this happen?  How did our presumption of innocence, so valued in the American tradition of law, become so cheapened?  Perhaps we can look to the politically charged nature of the crime of drunk driving.  We can blame...

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Did You Sign The Ticket? (by DaytonDUI)

An often-overlooked piece of exculpatory evidence is your signature. When the officer has read and explained your rights prior to conducting an evidential breath test, he or she will ask you to sign a form entitled the  BMV Form 2255 Notice of Administrative License Suspension.  Under Ohio Revised Code 4511.192 (A) "The officer SHALL give that advice in a written form that contains the information described in division (B) of [that] section and SHALL read the advice to the person. The form shall contain a statement that the form was SHOWN to the person under arrest and read to the person by...

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Montgomery County, Ohio OVI Attorney

If you are arrested on suspicion of OVI in Montgomery County, Ohio, your case will be heard in one of these courts. Montgomery County Court of Common Pleas.  This court hears all felony level cases including aggravated vehicular homicide, aggravated vehicular assault and felony-enhanced DUI offenses.  The Court is located in the Montgomery County Courts Building at 41 N. Perry Street in downtown Dayton.  The Judges who serve the Montgomery County Court of Common Please are: Dennis Adkins, Steven Dankof, Barbara P. Gorman (Administrative and Presiding Judge), Mary Katherine Huffman, Dennis J. Langer, Frances E. McGee, Timothy N. O’Connell, Connie S. Price, Gregory F. Singer, Michael L. Tucker, and Mary Wiseman.  You can contact...

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