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Dayton DUI Attorney Charles Rowland > Posts tagged "Miami Valley" (Page 28)

Ohio OVI: Standardized Field Sobriety Tests & Marijuana

State v. Dixon, 2007-Ohio-5189 (Ohio Ct. App. 12th Dist. Clermont County 2007).More and more, we are seeing law enforcement officers arrest drivers on suspicion of operating a vehicle under the influence of marijuana.  Often, an officer will request a urine test for marijuana after a defendant has blown substantially under the per se alcohol limit on a breath test machine.  This raises questions about the proper determination of probable cause.  If, for example, no alcohol was suspected how did the officer arrive deduce enough evidence to make an arrest? Were the standardized field sobriety tests administered to detect alcohol or...

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Driving Under An OVI Suspension

"I had to get to work.  If I missed another day they were going to fire me, so I drove and got a ticket.  What is going to happen?"  Driving under an OVI suspension is a violation of Ohio Revised Code 4510.14.  It is a separate offense from a DUI/OVI charge and carries harsh mandatory penalties.  Most of these charges originate when a person is desperate to live up to their obligations to their work and/or their family.  Often, the automatic license suspension is the worst part of the DUI experience.  It is the position of this author that taking a person's...

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Affirmative Defenses to a Driving Under Suspension Charge

Ohio law provides two affirmative defenses to the crime of driving under suspension.  Ohio Revised Code section 4510.04, Affirmative defenses to driving under suspension or cancellation, provides in pertinent part, It is an affirmative defense to any prosecution brought under section 4510.11, 4510.14, 4510.16, or 4510.21 of the Revised Code or under any substantially equivalent municipal ordinance that the alleged offender drove under suspension, without a valid permit or driver’s or commercial driver’s license, or in violation of a restriction because of a substantial emergency, and because no other person was reasonably available to drive in response to the emergency.It is an affirmative defense to any...

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Arrested for OVI in Mason?

Mason is the largest city in Warren County and home to both the Great Wolf Lodge indoor waterpark and Kings Island amusement park.  If you are arrested on suspicion of OVI in Mason or Deerfield Township, your misdemeanor DUI case will be heard in the Mason Municipal Court.  The Mason Municipal Court is located at 5950 Mason-Montgomery Rd, Mason, Ohio 45040 and you can reach the court at (513) 398-7901 or by fax at (513) 459-8085.  The Honorable D. Andrew Batsche is the presiding Judge of the Mason Municipal Court.  The Honorable Eddie Lawson serves as Chief Magistrate for the Court.  The Court...

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OVI Case Update: State v. Bayer, 2012-Ohio-5469

The question raised in State v. Bayer involved whether or not a person can be sentenced for OVI (O.R.C. 4511.19) if that person is also convicted of Aggravated Vehicular Assault (O.R.C. 2903.08) arising from the same incident.  Crimes that involve similar activity are often merged for purposes of sentencing.  The merger turns on whether or not the crimes are similar enough to be deemed "allied offenses of similar import."In this case, the Defendant caused "serious physical harm" to a person while driving with a prohibited alcohol concentration above 0.17%.  In March 2011 she pled guilty to Aggravated Vehicular Assault and to one...

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The Montgomery County Jail (by Dayton DUI)

The Montgomery County Jail, located at 330 W. Second St., in downtown Dayton, Ohio is a 900 bed facility serving multiple jurisdictions throughout Montgomery County including the Vandalia Municipal Court; Miamisburg Municipal Court; Kettering Municipal Court; Montgomery County Municipal Courts (Eastern and Western Divisions) and the Montgomery County Common Pleas Court.  If you are arrested for DUI/OVI in any of these jurisdictions, you may be booked into the Montgomery County Jail.  You can contact the jail at (937)225-4160 or visit the jail web site HERE.  To check whether or not someone is incarcerated in the Montgomery County Jail, you can visit HERE.Bond...

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MADD’s Historic Push For A .05% Alcohol Limit (by Dayton DUI)

In 1938 the American Medical Association created a "Committee to Study Problems of Motor Vehicle Accidents."  Around that same time the National Safety Council began the "Committee on Tests for Intoxication." Their original research found that a driver with a .15% Blood Alcohol Concentration (B.A.C.) could be presumed to be "under the influence." Ohio law followed this paradigm making it illegal to drive with a B.A.C. over .15%.  This standard existed for over 20 years.Law and politics changed forever with the founding of Mothers Against Drunk Driving in the late 1970's.  MADD changed the world for the better.  No longer...

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Kettering Municipal Court Traffic Safety Program (by DaytonDUI)

Kettering Municipal Court offers a Traffic Safety Program for eligible participants which allows you to attend a class instead of receiving points for your traffic citation(s). Classes are held monthly on a Tuesday evening from 6:00 to 9:00 p.m. and are taught by police officers at either the Kettering Police Department, 3600 Shroyer Road, or the Centerville Police Department, 155 W. Spring Valley Road. Upon successful completion of the program, your citation will be dismissed and will not appear on your driving record, and you will receive no points on your driving record. You may be eligible for the Traffic Safety...

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Effects Of An OVI Conviction (by DaytonDUI.com)

How does a DUI conviction affect you?  A drunk driving charge can affect you in ways that you may not expect. Listed below are some of the more vexing issues associated with an Ohio DUI (OVI). 1. Child Custody - If you are involved in a custody dispute (or have a vindictive spouse who would like to start one), a DUI/OVI conviction can be used against you in domestic relations court.  Automatic suspensions may make it difficult to exercise visitation with your children.  You may also find a court who will refuse to let you transport the children due to a DUI/OVI conviction, thereby increasing the...

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An Ohio OVI Conviction May Prevent Entry Into Canada (by DaytonDUI)

Driving Under the Influence May Prevent Entry Into CanadaCanada places strict limits on who may enter.  One of the most vexing restrictions is the Criminal Inadmissibility due to a DUI charge.  Shockingly, you may also be denied admission due to the conduct of a dependent who has a prior DUI offense.  Obviously, the best way to prevent a problem is to hire an aggressive DUI/OVI attorney who will fight to prevent a conviction.  Tell your Ohio OVI attorney about any Canadian travel you regularly take or may be required to take for your business.  However, if you have been previously...

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