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Dayton DUI Attorney Charles Rowland > Posts tagged "Miami Valley" (Page 33)

Athens Judge Throws Out Intoxilyzer 8000 Rules

State v. Moore (12 TRC 1842) and State v. Montague (12 TRC 3773) Athens Municipal Court In another in a series of troubles for the implementation of Ohio's newest breath test machine, Judge Grimm in Athens County has halted use of the Intoxilyzer 8000.  Courts throughout Ohio must decide how, given this ruling, they will deal with the implementation of the machine.  The issue before the court involved the rules adopted by the Ohio Department of Health.  Specifically, the court was asked to address whether or not the Ohio Department of Health has authority to issue operator cards for the Intoxilyzer...

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Sobriety Checkpoint In Dayton Tonight (August 18th)

There will be an OVI checkpoint tonight in downtown Dayton, Montgomery County along Salem Avenue near Hillcrest.  The checkpoint will be in operation from approximately 9 p.m. until 1 a.m.  This checkpoint is being conducted in conjunction with the Ohio State Highway Patrol and local jurisdictions.  In addition to the checkpoints, there will be ongoing saturation patrols in surrounding areas.  Franklin County wil a checkpoint is planned between 9 p.m. and 1 a.m. on Alum Creek Drive south of Williams Road in Obetz.  In Scioto County, a checkpoint is planned on U.S. 52 at the S.R. 335 exit between 9 p.m....

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Multiple OVI Checkpoints Planned for August 17th-19th

"Drive Sober or Get Pulled Over" is being launched with multiple OVI checkpoints this weekend.   There will be multiple checkpoints tonight (August 17th) and tomorrow (August 18th) throughout the Miami Valley.  Please check back at this post as we will update all of our information as it becomes available.  Montgomery County:  Montgomery County will hold one of two planned checkpoints on Friday.  The checkpoint will take place on Wayne Avenue and will operate from 9 p.m. until approximately 1:00 a.m.Kettering, Ohio: Kettering has announced that it will be using enhanced enforcement techniques for DUI enforcement leading up to and throughout the...

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Dayton DUI Announces Labor Day DUI Effort

The Montgomery County OVI Task Force announced that DUI enforcement will be stepped up for the Labor Day holiday.  "Drive Sober or Get Pulled Over," a nation-wide impaired driving crackdown will begin August 17 and will last until September 7th.  The crackdown will include OVI checkpoints, high visibility enforcement, saturation patrols and a national advertising campaign.  Major John Dipietro of the Montgomery County Combined Agency OVI Task Force announced two sobriety checkpoints in Montgomery County this weekend.   For more information, visit the “Drive Sober or Get Pulled Over” Campaign Headquarters atwww.nhtsa.gov/drivesober.DUI attorney Charles M. Rowland II dedicates his practice to defending...

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Miami County Municipal Court Judge Mel Kemmer Retires

Judge Mel Kemmer of the Miami County Municipal Court announced his retirement earlier this month.  Judge Kemmer was in his second term which expires December 31, 2015.  He was first elected in 2003 and re-elected in 2009.  He practiced law for more than 26 years before becoming a judge. Before that, Judge Kemmer worked as an analytical chemist for several years after graduating with a bachelor’s degree in chemistry education in 1970.  He earned his law degree in 1978. His professional background also includes serving as a municipal court prosecutor, assistant county prosecutor and juvenile court prosecutor.  According to Article...

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Motorcycles and DUI in Ohio

IN HONOR OF STUGIS, HERE IS SOME INFORMATION ON MOTORCYCLES AND DUI The National Highway Transportation Safety Administration (NHTSA) has developed a guide specific to motorcycle operators.  The basis of this motorcycle guide are based on a 1993 study, The Detection of DWI Motorcyclists, DOT HS 807 839, March 1993; Jack W. Stuster, Anacapa Sciences Inc., wherein police reports were used to identify "cues" of impaired drivers.  Over 100 "cues" were narrowed down to 14.  NHTSA lables 7 of these "cues" as "excellent" predictors of impairment and 7 are considered "good" predictors of impairment.  According to NHTSA "excellent" is defined as...

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OVI Checkpoint in Madison County (August 3, 2012)

There will be an OVI checkpoint tonight in Madison County, Ohio along U.S. 40 in West Jefferson, Ohio.  The checkpoint will be in operation from approximately 9 p.m. until 1 a.m.  This checkpoint is being conducted in conjunction with the Ohio State Highway Patrol and local jurisdictions.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.  In the past month...

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Can I Still Be A Nurse If I Get A DUI In Ohio?

Nurses and DUI in OhioYes, you can be a nurse if you have a DUI in Ohio.  According to the Ohio Nursing Board's Criminal History Fact Sheet, there are eleven offenses that are automatic bars to obtaining a nursing license for applicants who entered a prelicensure nursing education program after June 1, 2003. This means that the Board of Nursing (Board) is prohibited from issuing a license to a person who has pled guilty to, been convicted of, or has a judicial finding of guilt for one of the offenses listed below.Aggravated Murder Murder Voluntary Manslaughter Felonious Assault Kidnapping Rape Aggravated Robbery Aggravated Burglary Sexual Battery Gross Sexual Imposition Aggravated Arson or a substantially similar law...

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Ohio DUI Law: What is an “Alford” Plea

An “Alford plea” is a specialized type of guilty plea when the defendant, although pleading guilty, continues to deny his or her guilt but enters the guilty plea because the defendant believes that the offered sentence is better than what the outcome of a trial is likely to be. State v. Schmidt, 3d Dist. No. 10- 10-04, 2010-Ohio-4809, ¶13. See, also, State v. Piacella (1971), 27 Ohio St.2d 92, 271 N.E.2d 852. The term “Alford plea” originated with the United States Supreme Court's decision in North Carolina v. Alford (1971), 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162, wherein...

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DUI Blood Tests: Whole Blood vs. Serum/Plasma

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.  To challenge a blood test, it is important to know if the State has tested the blood as whole blood or as serum/plasma.  Operation with a concentration of alcohol is prohibited if the concentration in whole blood is equal to or exceeds .08%, R.C. 4511.19(A)(1)(b).  However, the prohibited concentration for whole blood is a concentration equal to or exceeding .096%, R.C.4511.19(A)(1)(c).  The high...

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