25 November

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Fayette County (Washington Court House) Will Have Increased Patrols

Today, the Fayette County Sheriff's Office joined the growing chorus of agencies announcing increased patrols. Additional patrol deputies will be assigned overtime hours for traffic enforcement as part of a high visibility traffic enforcement grant funded through the Ohio Department of Public Safety – Traffic Safety Office and the National Highway Traffic Safety Administration. In addition to general traffic enforcement, deputies will be looking for alcohol impaired drivers, safety belt and child restraint violations. For more details on the inititative go HERE.It's safe to say that anywhere you drive this holiday weekend, you will encounter an increased police presence. This...

28 September

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Portable Breath Test Devices Can Produce Falsely High Tests

Posted by Dayton DUI

in DUI Process

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...

14 July

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Detecting Drunk Drivers at Night

Posted by Dayton DUI

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Use Their Science Against ThemImage via WikipediaOur friends at the National Highway Traffic Safety Administration (NHTSA) have created a booklet for law enforcement called "Guide for Detecting Drunk Drivers at Night." This guide sets forth some of the most common and reliable indicators of drunk driving, such as: Turning with a wide radius; Straddling the center or land etc. What's more, they have assigned a probability of intoxication to each of the indicators. For example, a person who turns with a wide radius will have a blood-alcohol concentration of .10 or higher 65 out of 100 times. A person...

14 July

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Dayton DUI Defense Attorney Earns Certification

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Dayton DUI defense attorney Charles M. Rowland II has earned certification in the administration and evaluation of standardized field sobriety tests by attending the Standardized Field Sobriety Testing Certification Student Course (NHTSA Course). This training course certified Charles Rowland in the most current NHTSA approved SFST training curriculum. This is the same NHTSA SFST training course that law enforcement officers are trained in nationwide and testify to in court. Certified attorneys are trained in: Perspectives on recognizing driving behavior exhibited by impaired drivers; Attitudes and skills in detecting the impaired driver; Understanding the tasks...

26 June

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DUI Science; there are only three standardized field sobriety tests

Posted by Dayton DUI

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Extensive government testing was begun in the 1970's to determine a scientifically valid way of helping police officers detect intoxication in drivers under suspicion of drunk driving. The National Highway Traffic and Safety Administration (NHTSA) guidelines were set up to help make these tests more accurate. After extensive testing, NHTSA determined that three tests were specific for alcohol intoxication: the HGN (horizontal gaze nystagmus), the walk & turn test and the one leg stand test. They are now called ‘standardized field sobriety tests.Many officers rely upon other tests to determine intoxication. These tests may include:The Rhomberg stationary balance test wherein...

25 June

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Standardized Field Sobriety Tests; the walk & turn

Posted by Dayton DUI

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A metal detector can detect guns. Does that mean that every person who sets off the metal detector has a gun? The standardized field sobriety tests can detect lack of coordination due to intoxication. Does that mean that all lack of coordination is indicative of intoxication? Here a completely sober person fails the Walk & Turn portion of the standardized field sobriety tests. If you think that you have been wrongly labled as intoxicated contact Dayton DUI Defense Attorney Charles M. Rowland II at 937-318-1DUI (318-1384).Completely sober person fails Walk & Turn...

09 June

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MADD Secures Passage of ROADS SAFE Amendment

Posted by Dayton DUI

in DUI Law, DUI Process

[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption]Today, Mothers Against Drunk Driving (M.A.D.D.) secured passage of the ROADS SAFE Amendment as part of the Motor Vehicle Safety Act. The amendment was approved by voice vote in the Senate Commerce, Science, and Transportation Committee. The amendment provides $12 million per year over five years to help boost the research for the Driver Alcohol Detection System for Safety, or DADSS. DADSS is the result of a cooperative research agreement between the Automotive Coalition for Traffic Safety (ACTS), comprised of the world’s leading auto manufacturers, and the National...

08 June

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Standardized Field Sobriety Tests; the importance of standardization

Posted by Dayton DUI

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The information below is taken from DEVELOPMENT OF A STANDARDIZED FIELD SOBRIETY TEST (SFST) TRAINING MANAGEMENT SYSTEM,DOT HS 809 400, November 2001. It has some great quotes which an attorney can use in trial or in a motion to suppress when attacking the administration of the standardized field sobriety tests. This document is one of the many sources that Dayton OVI Defense Attorney Charles Rowland has collected to aid in the defense of the drunk driver. If you are arrested for OVI in Dayton, Springfield, Kettering, Vandalia, Miamisburg, Huber Heights, Xenia, Fairborn, Beavercreek or anywhere throughout the Miami Valley, contact...

08 June

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Vertical Gaze Nystagmus Test

Posted by Dayton DUI

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Vertical Gaze Nystagmus Not Accepted in Ohio When an Ohio law enforcement officer gives you the 'pen test' they are looking for an involuntary jerking of the eyes often associated with ingestion of alcohol. NHTSA Student Manual at VIII-8. This test is called the Horizontal Gaze Nystagmus test (HGN). According to the National Highway Transportation Safety Administration, the HGN test is the most reliable of the standardized field sobriety tests. NHTSA Student Manual VII-2.The officer is also trained to raise the pen above your line of sight to check your eyes vertically. NHTSA Student Manual at Section VIII. This test is...

01 June

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What are the standardized field sobriety tests?

Posted by Dayton DUI

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Image via WikipediaThe standardized field sobriety tests consist of a three-test battery which includes a check of your eyes (called the horizontal gaze nystagmus test, or HGN), and two tests of your coordination, balance, stamina and memory called the one-leg stand test and the walk and turn test. Officers use these tests to establish probable cause for a drunk driving arrest. The tests are set forth in the National Highway Transportation Safety Administration manual, which is used to train law enforcement in administering the tests. The DUI defense team of Charles M. Rowland II not only has...

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