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DUI Does Not Need Proof of Driving in West Virginia
in DUI Law
Drunk driving fines may be imposed without proof that the accused ever drove, the West Virginia Supreme Court ruled....
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Drunk driving fines may be imposed without proof that the accused ever drove, the West Virginia Supreme Court ruled....
Continue readingWe have checked with all of our regular sources and there are no planned DUI/OVI sobriety checkpoints this weekend. Please be safe and designate a driver. If you find yourself in need of an attorney contact Charles M. Rowland II on his 24/7 DUI Hotline at 937-776-2671 or visit www.DaytonDUI.com. You can stay aware of DUI news by following Twitter.com/DaytonDUI and if you need immediate help, text DaytonDUI (one word) to 50500. ...
Continue readingSCRAM, which stands for Secure Continuous Remote Alcohol Monitoring is a bracelet worn by the defendant 24 hours a day 7 days a week. The bracelet will take periodic alcohol tests from the defendant's ankle and will store that reading until it is uploaded by the Probation Officer. The SCRAM Company will then analyze the data to determine if a defendant is, or has been, drinking. The SCRAM bracelet is a very sensitive piece of equipment. Those that wear it are prohibited from using any products that contain alcohol (i.e. hairspray, lotions, shampoos, toothpaste, mouthwash, etc.). If any of these products are used while...
Continue readingImage by abardwell via FlickrUnder Ohio DUI Law, it is a serious crime to drive any vehicle while your ability to drive is impaired by alcohol or drugs. While the most common acronym for impaired driving in Ohio is DUI (driving under the influence), it is also referred to as OVI (operating a vehicle while intoxicated), and OMVI (operating a motor vehicle while under the influence). No matter what acronym you refer to it as, it all describes the same crime and statute. The penalties for DUI in Ohio are extremely strict, and all involve exposure to jail or prison time. In...
Continue readingCharles M. Rowland II and www.DaytonDUI.com are proud to announce a new partnership with the Greene County Dailies (Beavercreek News Current, Xenia Daily Gazette and Fairborn Herald). www.DaytonDUI.com will appear as a link on the Greene County web page where people can get important information about Ohio's tough drunk driving law. The link should be up and running next week. You can get information by visiting www.FairbornDUI.com, www.BeavercreekDUI.com and/or www.XeniaDUI.com....
Continue reading[caption id="" align="alignleft" width="300" caption="Image via Wikipedia"][/caption]Today in an per curiam decision, the United States Supreme Court reversed the Virginia Supreme Court and remanded the case to Virginia in light of its recent decision in Melendez-Diaz v. Massachusetts. This is good news for the lawyers and defendants everywhere that wish to challenge and/or rely upon scientific evidence in their trials. It means that the government still has to bring live witnesses to trial to testify and be subject to cross-examination. It was widely thought that the four dissenters in Melendez-Diaz granted cert on this case in an effort to quickly overturn...
Continue reading[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption]Crime & Legal Issues Notebook: Sen. Webb's bill to review criminal justice system gains support U.S. Sen. Jim Webb's bill to undertake a broad review of the nation's criminal justice system — on the basis that the one we have isn't working — is one step closer to fruition. Check here to see the status of the bill. ...
Continue readingIt’s That Time Of Year Again…By Eric Peters, Automotive ColumnistHoliday shopping — and holiday traffic checkpoints — are sure signs it’s Christmas. Randomly stopping motorists to look for drunk drivers has been common practice in many states for years now, but enforcement efforts tend to step up around the Christmas/New Year’s holidays. What should you do if you happen to roll up on one of these checkpoints?1) Be sober.The legal threshold defining Driving Under the Influence (DUI) can be as little as .06 BAC (Blood Alcohol Content), a level that can be reached after having consumed just two cocktails at the...
Continue readingBy James Baxter, NMA PresidentThere’s a random pattern around the country where state and local courts are systematically making it harder and more expensive for ticket recipients to fight traffic tickets.This is an admission by the judiciary and state and local governments that there is growing public resistance to being ripped off via bad laws, unethical enforcement, and revenue hungry courts.Defendants are growing in numbers, they are coming to court better prepared to defend themselves, the police are being found lacking in knowledge and compliance with mandated procedures, ignorant arbitrary judges are being exposed, and pro-se defendants are mucking up...
Continue readingImage by myfear via FlickrOhio Court of Appeals rules that a police officer cannot issue a speeding ticket because a car sounds fast.The Ohio Court of Appeals on Monday ruled that a motorist cannot be convicted of speeding based solely on how fast his car may have sounded. On October 18, 2007, Patrolman Ken Roth ticketed Daniel Freitag in the village of West Salem as Freitag was driving with his wife Jane on US Route 42. Roth claimed his radar unit clocked Freitag at 42 MPH in a 35 zone. Roth also claimed he could hear Freitag's 2006 Lincoln...
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