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Miami Valley Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "Miami Valley" (Page 2)

Changes To Drug Schedule Affect Hydrocodone

Drug Schedules Changing For Some Hydrocodone CombosOn October 6th the DEA rule switching"hydrocodone combination products" like Lortab and Vicodin from schedule III to schedule II came into effect.  The rule was passed to curb abuse and encourage patients and prescribers to consider alternative ways to deal with pain.  Previously, these drugs were regulated as Schedule III drugs. Common hydrocodone combinations are used as pain relievers, cough suppressants and enhance the benefits of other drugs like acetaminophen or cough/cold medicines.  We are familiar with the brand names like Vicodin, Lortab or Tussionex.  As schedule III drugs, a prescriber could write up to 5 refills...

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Wright-Patterson Air Force Base DUI Arrest?

What do I do if I have a Wright-Patterson Air Force Base DUI (drunk driving) arrest?My practice is proud to serve the military community in and around Wright-Patterson A.F.B..  One of the recurring questions we get from military personnel is whether or not a federal or out-of-state DUI can be used to enhance a DUI they get here in Ohio.  At one time they did not.  Now, however, the offenses received in another state or on federal property do count. See Ohio Revised Code 4511.181(A).  DUI defense attorneys challenged the ex post facto application of R.C. 4511.181(A) but the courts have...

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DUI Case Law Update: State v. Ilg

DUI case law update: State v. Ilg, Slip Opinion No. 2014-Ohio-4258For most of my career I have had to deal with a tremendous disadvantage in DUI cases.  In 1984, the Ohio Supreme Court decided State v. Vega, 12 Ohio St. 3d 185, 465 N.E.2d 1303 (1984) which was interpreted to prevent an attack on the breath test machine if it attacked the "general reliability" of a breath alcohol test if it was "conducted in accordance with methods approved by the director of the Ohio Department of Health." Id.  In practical purposes, courts used VEGA to preclude almost all attacks on a...

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Burden Shifting At A Motion To Suppress Hearing

A motion to suppress is often the most critical phase of the OVI trial process.  Procedurally, the defense attorney files a motion challenging all of the government's evidence.  Once this motion is filed the government has the burden of demonstrating the propriety of the arrest and that law enforcement substantially complied with the rules.When a defendant challenges the admission of a breath-alcohol test, courts apply a burden shifting analysis. The state must show substantial compliance with ODH regulations, and if the state meets that burden, a rebuttable presumption arises that the test results are admissible. Burnside at ¶ 24; State...

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Ohio OVI and Marijuana Blitz Along I-75

If you are driving along Interstate 75 this weekend, be aware of an Ohio OVI and marijuana enforcement blitz that may cause you to get stopped.OVI: The Ohio State Highway Patrol will team up with law enforcement officials from Florida to Michigan along the Interstate 75 corridor for the third I-75 Challenge. The initiative begins Friday, September 26 at 12:01 a.m. and ends Sunday, September 28 at 11:59 p.m. This effort is a high visibility enforcement initiative aimed at reducing traffic crash fatalities. Troopers in Ohio will be focusing on speed, safety belt and OVI enforcement during the initiative.Marijuana: The Ohio State...

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Wilmington OVI Checkpoint At US 22 Tonight!

There will be a Wilmington OVI checkpoint tonight from 9 p.m. until midnight on US 22 just west of Progress Way in Wilmington.  Aggressive saturation patrols will also accompany the checkpoint.Stay ahead of the checkpoints!  If you want to receive updated information on sobriety checkpoints, enhanced traffic enforcement, saturation patrols and other important developments that affect you, sign up for text alerts on the main page of this blog. Text alerts will be sent directly to your mobile device/smartphone in the location you choose in the Miami Valley. This service is free and available to the general public.You can also...

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The Ohio Investigative Unit Conducts “Trace Back Investigations”

The Ohio Investigative Unit (formerly Liquor Control) has taken on a new task in Ohio - "trace back" investigations.  When a fatal crash occurs and alcohol or drugs are suspected, the OIU will step in to see where the alcohol came from and whether or not the person providing the alcohol or drugs can be held responsible.Through an integrated re-structuring within the Ohio Department of Public Safety that will reduce facility costs, streamline administrative functions and lead to better collaboration through improved information sharing and oversight, Ohio troopers will continue to focus on the suspected impaired driver, but Ohio Investigative...

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Kettering OVI Checkpoint Tonight! (Aug. 29, 2014)

Kettering OVI checkpoint tonight! The Kettering Police Department will conduct an OVI sobriety checkpoint Friday night from 11:00 p.m. until 3:00 a.m. at the 1000 block of East Dorothy Lane.  The OVI checkpoint will be accompanied by aggressive saturation patrols.  This checkpoint is paid for by federal grant funds and is part of the Drive Sober or Get Pulled Over campaign.If you want to receive updated information on Springfield OVI checkpoint locations, enhanced traffic enforcement, saturation patrols and other important developments that affect you, sign up for text alerts on the main page of this blog. OVI checkpoint alerts will be...

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Determining Probable Cause For An OVI Offense

A warrantless arrest must be supported by probable cause in order to be constitutionally valid. State v. Timson, 38 Ohio St.2d 122, 67 Ohio Op.2d 140, 311 N.E.2d 16 (1974).  In order to make a finding that probable (more likely than not) cause existed the court must look at the totality of the circumstances surrounding the arrest. State v. Miller,  117 Ohio App.3d 750, 691 N.E.2d 703 (11th Dist. Court of Appeals 1997), State v. Brandenburg, 41 Ohio App.3d 109, 534 N.E.2d 906 (2nd Dist. Court of Appeals, Montgomery County 1987). "[B]ecause of the mosaic which is analyzed for a...

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Rolling Springfield OVI Checkpoints Tonight (Aug. 22, 2014)

Rolling Springfield OVI checkpoints tonight in Springfield and Enon.  The Clark County OVI Task Force will be operating a rolling OVI checkpoint in Clark County tonight Friday August 22 starting at 7:00 pm. Locations will be held at Main St. in Enon and 40/68 in Springfield. A rolling checkpoint means that multiple locations will be set up in Clark County in one evening.   This is part of the Drive Sober Get Pulled Over national campaign.  The campaign began August 15th and will conclude September 1st.If you want to receive updated information on Springfield OVI checkpoint locations, enhanced traffic enforcement, saturation...

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