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Dayton DUI Attorney Charles Rowland > Posts tagged "nhtsa student manual"

How Do I Find A Good OVI Attorney?

I offer this common-sense guide to helping you find the right OVI attorney because I believe that with a good game plan and realistic expectations you can win your case.   Since the inception of my practice I have provided the accused drunk driver with access to information about Ohio’s toughdrunk driving laws.  I believe that information is the key to overcoming fear and empowering you to make good decisions.  Don’t be afraid to ask tough questions and demand straight answers in order to make an informed decision.  Here are 10 questions that you should use to interview potential OVI attorneys. Question One: Do...

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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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Ohio DUI Law: Reasonable and Articulable Suspicion

What Level of Proof Does Law Enforcement Need to Pull You From Your Car For Standardized Field Tests? One of the major decision points in the OVI arrest process is the officer’s decision to remove a suspect from his or her car and conduct standardized field sobriety testing. The officer is trained to arrive at this “decision point” by conducting an interview and using specific “pre-exit interview techniques” which include asking for two things simultaneously; asking interrupting or distracting questions; and asking unusual questions. (NHTSA Student Manual VI-4).  Additional techniques which an officer may employ include and Alphabet test (begin with...

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Reasonable Articulable Suspicion & Illegal Police Stops

Protecting You From Illegal Police Stops! The Fourth Amendment of the United States Constitution protects you against unreasonable searches and seizures, which  includes being unlawfully or illegally pulled over or stopped by law enforcement.  An officer cannot simply pull you over based on a hunch or intuition.  When a police officer observes a traffic violation, he or she is justified in initiating a limited stop for the purpose of issuing a citation.  State v. Brickman (2001), 11th Dist. No. 2000-P-oo58, 2001 Ohio App. LEXIS 2575.  The legal standard applied to traffic stops is reasonable and articulable suspicion, which means that the...

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Standardized Field Sobriety Tests: Validity

WHEN ARE THE STANDARDIZED FIELD TESTS VALID? The standardized field sobriety tests, as set forth in the National Highway Traffic Safety Administration Student Manual (Feb. 2006 ed.), are described in Session VIII.  The NHTSA manual provides the standards upon which every law enforcement officer is trained.  One important piece of information about standardization is included in the manual which may help the DUI practitioner provide context to a jury.Perhaps the most important statement about standardization can be found at VIII-19 which states: IT IS NECESSARY TO EMPHASIZE THIS VALIDATION APPLIES ONLY WHEN:THE TESTS ARE ADMINISTERED IN THE PRESCRIBED STANDARDIZED MANNER THE STANDARDIZED CLUES...

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Portable Breath Test Devices Can Produce Falsely High Tests

According to the National Highway Transportation Safety Administration (Student Manual HS178 R2/06), a Portable Breath Test Device may produce an artificially high reading.  The government document is clear: "PBT instruments have accuracy limitations." (VII-8).  The NHTSA manual goes on to set forth "two common factors that tend to produce high results on a PBT.  The PBT is often seen in Underage Consumption cases and in Boating Under the Influence (BUI) cases as they provide probable cause for an arrest.Residual mouth alcohol. After a person takes a drink, some of the alcohol will remain in the mouth tissues.  If the person...

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