15 February

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Defending The Accusation Of Slurred Speech (by DaytonDUI)

A very common observation by law enforcement in an impaired driving investigation is the presence of "slurred speech." Experience trial counsel will look to the totality of evidence to combat the damning accusation of slurred speech.Many traffic stops are now captured on video tape. As the quality of the recordings has improved we are often able to hear exactly what the officer is hearing. Reasonable people can disagree as to whether or not the speech on a video is "slurred" and whether or not it was fair for the officer to describe the speech as slurred. Another, more subtle method...

16 November

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An Ohio OVI Conviction May Prevent Entry Into Canada (by DaytonDUI)

Posted by Dayton DUI

in Uncategorized

Driving Under the Influence May Prevent Entry Into CanadaCanada places strict limits on who may enter. One of the most vexing restrictions is the Criminal Inadmissibility due to a DUI charge. Shockingly, you may also be denied admission due to the conduct of a dependent who has a prior DUI offense. Obviously, the best way to prevent a problem is to hire an aggressive DUI/OVI attorney who will fight to prevent a conviction. Tell your Ohio OVI attorney about any Canadian travel you regularly take or may be required to take for your business. However, if you have been previously...

30 October

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Miami Valley Municipal Court Finder (by Dayton DUI)

Posted by Dayton DUI

in Ohio Cities, Ohio Counties

If you are arrested for OVI in the Miami Valley, your case will most likely be heard in a municipal court. Click on the below links to access the municipal court's web site . If you need to find a qualified OVI attorney, check out www.DaytonDUI.com or contact Charles M. Rowland II HERE.Montgomery County Municipal CourtsMontgomery County Municipal Court (Eastern Division) Montgomery County Municipal Court (Western Division) Dayton Municipal Court Kettering Municipal Court Oakwood Municipal Court Miamisburg Municipal Court Vandalia Municipal CourtGreene County Municipal CourtsFairborn/Beavercreek Municipal Court Xenia Municipal CourtClark County Municipal Court (covering all of Clark County, Ohio)Clark County Municipal CourtMiami County Municipal Court (covering all of...

24 October

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Stop & Sniff Case Law Update (by DaytonDUI)

Posted by Dayton DUI

in DUI Law

In Kirtland Hills v. Medancic, 2012-Ohio-4333, a recent case out of the Eleventh District Court of Appeals, the Court reaffirmed the principle that just because a police officer smells alcohol on a driver does not mean that the police officer has reasonable and articulable suspicion to continue the detention of the driver and/or remove that driver to administer standardized field sobriety 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 conductstandardized field sobriety testing. The officer is trained to arrive at this “decision point” by conducting an interview and...

05 October

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Fight Your Marked Lanes Violations, O.R.C. 4511.33 (by Dayton DUI)

Posted by Dayton DUI

in Uncategorized

The National Highway Traffic Safety Administration (NHTSA) has developed a guide for detecting drunk drivers. In that guide, NHTSA identifies 24 "clues" that potentially impaired drivers exhibit. Many of those "clues" relate to the driver's ability to maintain proper lane position. Your attorney should aggressively defend your driving and point out to a judge or jury other possible causes of weaving such as: texting, eating, telephone calls, conversations with other passengers, changing the radio station, stretching, or fatigue may account for the driving.Your DUI defense lawyer should also be prepared to argue that your weaving may not violate Ohio law. ...

29 August

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DaytonDUI And The Continuing Problems With the Intoxilyzer 8000

Posted by Dayton DUI

in DUI Process

The implementation of the Intoxilyzer 8000 continues to be an embarrassment to all Ohioans. Not only is the machine rife with problems, but the Ohio Department of Health has botched both the writing of the rules of implementation. Now they plan on shutting down the key component of the Intoxilyzer 8000 scheme, the Breath Instrument On-line Database. The shutdown is due to complications, missing tests and disappearing data. This raises the question as to how the Ohio Department of Health will prove that they maintain three (3) years of data/subject tests as required by law. Likewise, they are unable to...

16 August

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Dayton DUI Announces Labor Day DUI Effort

Posted by Dayton DUI

in News, Uncategorized

The Montgomery County OVI Task Force announced that DUI enforcement will be stepped up for the Labor Day holiday. "Drive Sober or Get Pulled Over," a nation-wide impaired driving crackdown will begin August 17 and will last until September 7th. The crackdown will include OVI checkpoints, high visibility enforcement, saturation patrols and a national advertising campaign. Major John Dipietro of the Montgomery County Combined Agency OVI Task Force announced two sobriety checkpoints in Montgomery County this weekend. For more information, visit the “Drive Sober or Get Pulled Over” Campaign Headquarters atwww.nhtsa.gov/drivesober.DUI attorney Charles M. Rowland II dedicates his practice to defending...

17 July

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DUI Blood Tests: Whole Blood vs. Serum/Plasma

Posted by Dayton DUI

in DUI Process

Ohio Administrative Code 3701-53-03(A) sets forth the techniques and methods for determining the concentration of alcohol in blood, urine and other bodily substances. Pursuant to that rule, Ohio allows for testing including gas chromatography and enzyme assays. To challenge a blood test, it is important to know if the State has tested the blood as whole blood or as serum/plasma. Operation with a concentration of alcohol is prohibited if the concentration in whole blood is equal to or exceeds .08%, R.C. 4511.19(A)(1)(b). However, the prohibited concentration for whole blood is a concentration equal to or exceeding .096%, R.C.4511.19(A)(1)(c). The high...

29 April

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DaytonDUI, Defending a Breath Test Case

Posted by Dayton DUI

in DUI Process

"I'll Huff and I'll Puff and Blow Your House Down" Did you know that your breathing pattern can significantly alter the concentration of alcohol on your evidential breath test? According to scientific research, "[t]he subject's test manner of breathing just prior to providing breath for analysis can significantly alter the concentration of alcohol in the resulting exhalation." (Jones, 1982, Schoknecht, 1989) as cited in Physiological Aspecs of Breath-Alcohol Measurement, Alcohol Drugs & Driving Vol. 6, No. 2, A.W. Jones.Hyperventilation "...

17 February

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The Prescription Drug Defense

Posted by Dayton DUI

in Drugs & Alcohol

While many people think of impaired driving as involving alcohol, we are increasingly seeing people accused of being impaired by prescription drugs. Clients are surprised to learn that the same harsh penalties that apply to alcohol impairment also apply to prescription drug impairment. You need an attorney who knows how to fight a drugged driving case.Drugged driving cases involving prescription drugs present a problem for law enforcement as indicators of prescription drug use are less apparent. The standardized field sobriety tests are crude tools for detecting alcohol and may be useless in determining prescription drug impairment. Challenging the officer's observations...

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