27 August

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Washington Court House (Fayette County) OVI Checkpoint Tonight, August 27, 2011

Drive Sober or Get Pulled Over Is Coming To Washington Court House There will be an OVI checkpoint in Washington Court House, from 10 p.m. Saturday until 3 a.m. Sunday. The checkpoint will be at the intersection of Columbus Avenue and Olive Street. Police from all over Fayette County, the Ohio State Highway Patrol and officials from the Ohio Department of Transportation ODOT are manning the checkpoint. You can also expect that additional officers will be on "saturation patrols" looking for impaired drivers. As always, we encourage you not to drink and drive. If you find yourself in need of help, please contact Ohio...

17 July

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Reasonable Articulable Suspicion & Illegal Police Stops

Posted by Dayton DUI

in DUI Law

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...

19 May

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Standardized Field Sobriety Tests

Posted by Dayton DUI

in Uncategorized

The Standardized Field Sobriety Test (SFST) is a battery of three tests administered and evaluated in a standardized manner to obtain validated indicators of impairment and establish probable cause for arrest. These tests were developed as a result of research sponsored by the National Highway Traffic Safety Administration (NHTSA) and conducted by the Southern California Research Institute. A formal program of training was developed and is available through NHTSA to help law enforcement officers become more skillful at detecting DWI suspects, describing the behavior of these suspects, and presenting effective testimony in court....

06 May

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Reasonable & Articulable Suspicion

Posted by Dayton DUI

in DUI Law

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 E and end with P); a Countdown test (count out loud backward starting with 68 and ending...

08 April

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DUI Court Process: The Stopping Sequence

Posted by Dayton DUI

in Uncategorized

You are driving home when you see a car following you closely. The car is acting unlike any other car you have ever encountered and you begin to wonder if you are in danger. At that point you see the flashing emergency lights and hear the piercing wail of a siren. You heartbeat begins to spike, your stomach sours with a flood of cortisol and your hands begin to sweat. Little do you know that the officer's DUI investigation has begun. The National Highway Traffic Safety Administration (hereinafter NHTSA) provides the training manual for law enforcement in detection of drunk drivers. ...

07 April

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What Does a “Lanes of Travel” or “Marked Lanes” Charge Mean?

Posted by Dayton DUI

in Uncategorized

Image via WikipediaA marked lanes charge is often a companion charge to a DUI/OVI offense. It is also a "cue" that the officer may look for based on his/her National Highway Transportation Safety Administration training. Many people believe that weaving, in and of itself, is both a crime and an indication of drunk driving. This article will demonstrate the Ohio law on these matters as they are most frequently charged (marked lanes; lanes of travel). Check your ticket and see if you have violated this law. Ohio Revised Code sec. 4511.25...

18 March

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Springfield DUI Update: Clark County OVI Checkpoint on March 18, 2011

Posted by Dayton DUI

in Ohio Cities

There will be a multi-agency OVI checkpoint tonight from 9:00 to midnight somewhere in Springfield, Clark County, Ohio. The location for the checkpoint will not be released until after 5pm. Due to logistics I will not be able to update this post, but will post the location on Twitter (@DaytonDUI) and on facebook (www.facebook.com/DaytonDUI). See the recent post on our TEXT ALERT service which will send you a text on all relevant DUI topics like saturation patrols, traffic initiatives and OVI checkpoints.The Clark County OVI Task Force is a coalition of 13 area agencies formed last year following a $136,000...

03 March

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Standardized Field Sobriety Tests: Validity

Posted by Dayton DUI

in DUI Law

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...

22 February

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DUI LAW: Once There Was A Place Called Camelot

Posted by Dayton DUI

in DUI Law

Image by Mr Mo-Fo via FlickrDON'T LET IT BE FORGOT, THAT ONCE THERE WAS A SPOT, FOR ONE BRIEF SHINING MOMENT, THAT WAS KNOWN AS CAMELOT. In State v. Homan, 89 Ohio St.3d 421, 2000-Ohio-212, 732 N.E.2d 952 (2000), the Ohio Supreme Court ruled in favor of requiring the government to strictly comply with the standardized testing procedures set forth in the National Highway Traffic Safety Administration (hereinafter NHTSA). NHTSA is the government agency tasked with determining what quasi-scientific tests are indicative of alcohol impairment. The court concluded that "even minor deviations from the standardized procedures can severely...

23 December

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Arrested for OVI in Ohio? How You Act is Important

Posted by Dayton DUI

in DUI Law, DUI Process

Your behavior with law enforcement can be vital to the officer's decision making. Investigating officers are given a great deal of discretion in handling any situation. They may simply be seeking information to put in their report or they may be deciding whether or not to issue a citation. At the initial stage you must know your rights in order to protect yourself and, if necessary, aid your attorney in presenting your case to a jury. At this point it is vital to remember anything you say or do will be used against...

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