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ohio driving under the influence law Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "ohio driving under the influence law"

Ohio Driving Under The Influence Law

Ohio Driving Under the Influence Law I am often asked by fellow attorneys and clients what the best resource for learning Ohio OVI law. The best and most ubiquitous resource is "Ohio Driving Under the Influence Law" by Judge Jennifer P. Weiler and Kevin P. Wieler Sr. In addition to being a trusted resource amongst the bar, you will find the book on almost every municipal court judge's bench.What makes Ohio Driving Under the Influence Law an even bigger resource is the "cheat sheet" giving practitioners a quick guide to most frequently asked questions about DUI law. It is updated every...

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Proving Prior Convictions (Evidence Rule 902)

Just how hard is it for the prosecution to prove prior convictions in OVI cases? The government has the burden of providing a foundation that the documents proving prior convictions should be relied upon. The Ohio Rules of Evidence, Evid. Rule 902, provides that extrinsic evidence of authenticity, as a condition precedent to admissibility, is not required under three (3) specific circumstances:Domestic Public Documents Under Seal: These can include documents from other states, districts or political subdivision. Domestic Public Documents Not Under Seal: These include documents without a seal, but bearing some attestation that the signatory had the authority to sign the...

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Who is Qualified to Conduct a Breath Test?

Evidential breath testing in Ohio is governed by the Ohio Administrative Code and the Ohio Revised Code.  The OVI statute, R.C. 4511.19(D)(1),  sets forth the requirements that evidential breath tests are admissible when analyzed by individuals holding valid permits issued pursuant to R.C. 3401.143, and qualified in accordance with O.A.C. 3701-53-07(C) - (F). The Ohio Administrative Code contemplates two types, or ranks, of people who are qualified to administer an evidential breath test: Operators and Senior Operators.  "Operators" are authorized to conduct breath tests, whereas, "Senior Operators" is capable of conducting breath tests, caring for the machine and its maintenance and...

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DUI LAW: Once There Was A Place Called Camelot

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...

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