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Dayton DUI Attorney Charles Rowland > Posts tagged "NHTSA"

OVI Checkpoints Miss The Point Says ABI

The American Beverage Institute is an industry-sponsored advocacy group that has stood up to Mother Against Drunk Drivers and their campaing for government funded OVI checkpoints. The beverage group says that the National Highway Traffic Safety Administration and Mothers Against Drunk Driving (MADD) should back off from the roadblocks and instead support roving patrols to catch heavy drinkers. "By promoting sobriety checkpoints, MADD and NHTSA are ignoring the root cause of today's drunk driving problem - hard core alcohol abusers,'' ABI managing director Sarah Longwell said in a statement."Because they are highly visible by design and publicized in advance, roadblocks...

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Ohio DUI Defense – What Books Do You Need?

Ohio DUI defense includes having the right materials to prepare your case for trial.  There are 14 NHTSA police training manuals that are specific to an DUI/OVI case.  They are:NHTSA DWI Detection and Standardized Field Sobriety Testing - Instructor Manual NHTSA DWI Detection and Standardized Field Sobriety Testing - Participant Manual NHTSA Drug Recognition Expert 2-Day Pre-School - Instructor Manual NHTSA Drug Recognition Expert 2-Day Pre-School - Participant Manual NHTSA Drug Recognition Expert 7-Day School - Instructor Manual NHTSA Drug Recognition Expert 7-Day School - Student Manual NHTSA Drugs that Impair Driving - Instructor Manual NHTSA Drugs that Impair Driving - Student Manual NHTSA Standardized Field Sobriety Testing...

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Defending A DUI: The Exit Sequence

The only way an officer will care about how you exit the vehicle is if he has already determined you may be impaired by alcohol or a drug of abuse. NHTSA IV-6. Therefore, to avoid the appearance that you are impaired, exit the car in an orderly fashion as instructed by the officer. From that point you can decide if it is in your interests to participate in the standardized field sobriety tests. Why would you?...

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Changes To The 2013 NHTSA Standardized Field Sobriety Test Manual

There is a new NHTSA Standardized Field Sobriety Test training manual and it is significantly changed from prior versions.  Included is the new focus of law enforcement on impairing drugs.  The new information lays the groundwork for full implementation of the Drug Recognition Expert protocol now making its way into Ohio law. This article will focus on the changes in a format that follows the NHTSA Standardized Field Sobriety Test training manual text, session by session.  Full versions of the NHTSA DUI training manual are available at various sources on the internet.  This article incorporates the work of various authors and...

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What Is A Horizontal Gaze Nystagmus Test?

What is the Horizontal Gaze Nystagmus Test? Alcohol is a central nervous system depressant affecting many of the higher as well as lower motor control systems of the body. This results in poor motor coordination, sluggish reflexes, and emotional instability. The part of the nervous system that fine-tunes and controls hand movements and body posture also controls eye movements. When intoxicated, a person's nervous system will display a breakdown in the smooth and accurate control of eye movements. This breakdown in the smooth control of eye movement may result in the inability to hold the eyes steady, resulting in a number...

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Ohio Traffic Update: Click It Or Ticket

Click it or Ticket our nation's annual war on seat belts, will begin May 19th and run until June 1st.NHTSA uses Click It or Ticket as a national campaign centering on the enforcement of seat belt laws.  As with aggressive driving and drunk driving enforcement, the primary audience for this effort is men 18-34.  Research shows that these young men are more likely to not use seat belts.  Seat belts are the most effective safety feature ever invented and have helped save thousands of lives. One in five Americans fail to regularly wear a seat belt when driving or riding in a...

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Phase Two: The Personal Contact Phase

An officer's decision to arrest for DUI involves three steps: observing the vehicle in motion, observing the driver during a personal contact phase, and administering field sobriety tests.  Evidence is collected at each stage.  If, after conducting all three phases, the officer believes probable cause exists that you are impaired, you will then be arrested.  Probable cause is a flexible, common-sense standard. It merely requires that the facts available to the officer would 'warrant a man of reasonable caution in the belief,' Carroll v. United States, 267 U.S. 132, 162 (1925), that you are impaired; it does not demand any showing that...

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The Ohio “Clear and Convincing Evidence” Standard

Clear and Convincing Evidence is required for the standardized field sobriety tests to be admitted. Ohio Revised Code 4511.19(D)(4)(b) sets forth the standards for admissibility of the results of field sobriety tests in OVI (drunk driving) prosecutions.  See State v. Bozcar, 113 Ohio St. 3d 148, 2007-Ohio-1251, 863 N.E.2d 115 (2007).  In order for the tests to be admissible, the State must demonstrate:By clear and convincing evidence. The Officer administered the tests in substantial compliance. The testing standards for any reliable, credible, and generally accepted test. Including, but not limited to, the standards set by NHTSA.The only guidance provided for determining the meaning of “substantial compliance” has come from State v....

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Alcohol Is A Central Nervous System Depressant

Alcohol is classified as a Central Nervous System Depressant for its effects on the human body.  It is listed as such for purposes of DUI investigations in the 2013 National Highway Traffic Safety Administration (hereinafter NHTSA) "DWI Detection and Standardized Field Sobriety Testing" Participant Guide. See NHTSA, HS 178 R5/13.  CNS Depressant type drugs (see below) slow down the operations of the brain, and usually depress the heartbeat, respiration, and many other processes controlled by the brain. The most familiar and ubiquitous Central Nervous System Depressant is alcohol. Other Depressants of the Central Nervous System include:• Barbiturates (such as Secobarbital (Seconal), and Pentobarbital...

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Changes To Ohio’s Field Sobriety Test Manual – Part One

Ohio has adopted a new Field Sobriety Test manual as of 2013.  This post is part of a multi-article look at the Field Sobriety Test manual changes.1. Let's Change The Name The first change to the Field Sobriety Test manual is the name.  Prior to this year the training class for law enforcement officers studying the Field Sobriety Test regimen was called A.D.A.P. (Alcohol and Drug Awareness Program) and used the National Highway Traffic Safety Administration "manual."  The new class will simply be called Field Sobriety Test or SFST class and will use a "guide."Remaining from the previous training materials is...

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