17 December

Sticky

Drive Sober or Get Pulled Over Campaign Continues Until New Year’s Day

The days between Christmas and New Year's Day are targeted for DUI enforcement via the government's "Drive Sober or Get Pulled Over" campaign. Law enforcement in Ohio every State and most U.S. towns and cities will be cracking down on drunk driving from December 13 through New Year's Day. You can also expect a full media "Drive Sober or Get Pulled Over" blitz with the now familiar "they will see you before you see them" warnings. [Editor's Note: Could there be a more tone deaf message in this age of government surveillance?] Stay tuned to this blog and our Facebook,...

11 December

0 Comments

Sticky

Ohio DUI Defense: The Top 10 DUI Defenses

Posted by Dayton DUI

in DUI Process

Your Ohio DUI defense attorney should be familiar with these "TOP 10" defenses to an Ohio DUI.1. Hire The Best DUI Attorney: The most important decision that you can make in defending your case is hiring the right Ohio DUI defense attorney. Ohio DUI defense involves understanding Ohio's DUI law, the Ohio Administrative Code, the breath test device, standardized field sobriety testing (administration and interpretation) and all manners of science which may affect your case. Ohio DUI defense begins with an attorney who has the experience to fight your case, the scientific knowledge to attack in the right places, and the skill...

18 November

0 Comments

Sticky

There’s A New Standardized Field Sobriety Tests “Guide”

Posted by Dayton DUI

in Uncategorized

Standardized Field Sobriety Tests are commonly known as the roadside activities that police officers ask drivers to perform if the officer suspects that the driver is impaired by alcohol or another impairing substance. We call them "stupid human tricks." Contrary to popular understanding and belief, many of these tests have little basis in science, and the ones that do are frequently performed incorrectly.NHTSA has developed a new "GUIDE" in assessing Standardized Field Sobriety Tests. The new (March, 2013) version focuses more on having law enforcement recognize and administer tests to determine impaired driving by substances other than alcohol. No new scientific studies...

13 June

0 Comments

Sticky

What Is Wrong With The HGN? (by DaytonDUI)

Posted by Dayton DUI

in Uncategorized

The horizontal gaze nystagmus test is an eye test approved by the National Highway Traffic Safety Administration(hereinafter NHTSA) as a tool to detect clues of impairment in drivers. The HGNtest is one of three psychomotor tests approved as part of the standardized field sobriety testing protocol employed by law enforcement officers throughout the United States and used here in Ohio.When an officer asks you to follow his pen, he is performing the horizontal gaze nystagmus test. Nystagmus is defined as the oscillation of the eyeball that occurs when there is a disturbance of the vestibular system or the oculomotor control of the eye. The nystagmus the...

03 June

0 Comments

Sticky

Motorcycle DUI – NHTSA Targets Motorcyclists for DUI Enforcement

Posted by Dayton DUI

in Uncategorized

NHTSA Devotes Time And Dollars To Study Motorcycle DUIIt is summer time and the perfect time to get out on the road. If you ride a motorcycle, you may notice that law enforcement is paying you a a lot of attention. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists involved in fatal crashes are 2.5 times more likely to have consumed alcohol than passenger vehicle drivers. In 2007, the number of alcohol-impaired motorcyclists in fatal crashes increased by 10 percent while the number of alcohol-impaired drivers of passenger cars declined 6 percent. (NHTSA defines “alcohol impaired” for vehicle...

29 April

0 Comments

Sticky

Bloodshot and Glassy Eyes Are Not Clues of Impairment

Posted by Dayton DUI

in DUI Law

In almost every DUI I have encountered, the arresting officer has indicated that the alleged drunk driver had "bloodshot" or "glassy" eyes. We challenge the officer by pointing out that he has never seen the defendant before and has no idea whether or not the defendant was engaging in activity that would logically cause bloodshot eyes (fatigue, being in a smoky environment, etc.). This would usually end cross-examination on this issue and the officer would be able to establish an important factor in deciding whether or not to remove the driver for standardized field sobriety testing. (Phase II of the...

12 April

0 Comments

Sticky

Nonstandardized Field Sobriety Tests

Posted by Dayton DUI

in DUI Law

Ohio has adopted the three-test field sobriety protocol as set forth in the National Highway Traffic Safety Administration (NHTSA) manual for training law enforcement officers. The three tests adopted by NHTSA all survived scientific scrutiny as being indicative of impairment. The tests are: (1) horizontal gaze nystagmus, a test of the subject's eyes; (2) walk & turn; (3) one-leg-stand. The officer is trained to administer the tests in a standardized fashion and record "clues" of impairment as evidenced by the subject's performance on the tests.Often, you will encounter a circumstance where the officer employs an non-standardized field sobriety test. These...

05 April

0 Comments

Sticky

Standardized Field Sobriety Tests; the walk & turn test

Posted by Dayton DUI

in Uncategorized

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...

11 March

0 Comments

Sticky

The Limits of the Standardized Field Sobriety Tests

Posted by Dayton DUI

in Uncategorized

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 insubstantial 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. Burnside, 100 Ohio St. 3d 152, 2003-Ohio-5372 (2003), wherein the court indicated that errors that...

21 December

0 Comments

Sticky

Drunk Driving Deaths At Record Low (by DaytonDUI)

Posted by Dayton DUI

in DUI Process

Drunken-driving deaths fell to a record low last year, according to data released by the U.S. Department of Transportation's National Highway Traffic Safety Administration (NHTSA). Fatalities in crashes involving drunken drivers declined 2.5 percent to 9,878 from the previous year and are down 53 percent since first measured in 1982.“This new data is encouraging, especially as we approach the holiday season when it is so important that we promote responsible drinking,” Beer Institute President Joe McClain said in a prepared statement. “We recognize that even with these record lows, more work remains to be done. Brewers and beer importers are committed to...

NHTSA Tag

I support The Substance Abuse Prevention Institute