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ohio drunk driving Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "ohio drunk driving"

Ohio OVI Blitz Continues Through Labor Day

This weekend saw local jurisdictions fully implement the annual Ohio OVI blitz known as "Drive Sober or Get Pulled Over."  The enforcement action will last until September 7, 2015 and will be accompanied by radio, television and news coverage. The efforts are funded by massive federal grants and allows local and state police forces to garner massive overtime for the troops. When coupled with the "cash cow" of issuing multiple tickets (no seat belt, no insurance, driving under suspension) at checkpoints designed to catch drunk drivers we can see why, despite the massive social success of anti-drunk driving norms, your local...

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Bloodshot and Glassy Eyes Are Not Clues of Impairment

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...

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Problems with the Intoxilyzer 8000

If you have been charged with OVI (drunk driving) based on a test on the Inoxilyzer 8000, let Charles M. Rowland II defend your case.  He was the first private attorney in Ohio to be certified as an operator of the Intoxilyzer 8000, he is Ohio's only Forensic Sobriety Assessment certified attorney, and  he limits his practice to the defense of the drunk driver.  Given the problems with the implementation of the Intoxilyzer 8000, you need an attorney who is up-to-date and on the cutting edge of DUI/OVI defense. What Are The Problems?The Intoxilyzer 8000, manufactured by CMI (out of Kentucky)...

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Case Law Update: State v. Kitzler

State v. Kitzler, 2011-Ohio-5444 (3rd District Court of Appeals, Wyandot County). This odd decision involves the Intoxilyzer 8000 breath test machine and a test result which did not satisfy the .020 agreement.FACTS: Defendant was stopped for not dimming his headlights and for marked lane violations.  He was asked to perform the standardized field sobriety tests and subsequently arrested for OVI.  At the police station he provided two breath samples (as is required on the Intoxilyzer 8000) and the machine reported the result as "Invalid."  The tests did not meet the .020 agreement.  Defendant was allowed to use the restroom and...

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Dayton Mediation Center

If you have a misdemeanor criminal case in Dayton, your attorney should consider the Dayton Mediation Center.  Established in 1987, the Dayton Mediation Center provides conflict resolution and mediation services in cases involving family conflicts, landlord-tenant disputes, elder care decisions, victim-offender dialogue, and school conflicts.  The motto of the Dayton Mediation Center is "from conflict to conversation."  One of the proponents of mediation is U.S. District Court Judge, Walter H. Rice who stated, "What mediators do is not say this is how you resolve this situation.  What mediators do is take people and empower them to do the right thing,...

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Dayton DUI Law: The GERD Defense

Regurgitation and Reflux are not the same thing!  Reflux is the movement of ethanol vapor back up the esophagus from the stomach which has the ability to contaminate a breath sample.  The defendant who suffers from Gastroesophageal Reflux Disease (GERD) will not exhibit outward signs of distress or other signs which a breath testing technician would likely notice.  The surging ethanol vapor can cause an elevated reading on an evidential breath testing device.  The elevated test can appear following a valid and conscientious observation period.  Because the evidential breath testing device cannot distinguish contaminated air from deep-lung alveolar air, it...

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Boating Under the Influence in Ohio (BUI)

Boating Under the Influence is illegal in Ohio. 2001 Sub. S.B. 123, eff. 1-1-04 sought to unify the drunk driving provisions with Ohio's boating laws.   O.R.C. 1547.11(A)(1)  to O.R.C. 1547.11(A)(6) prohibit a person from operating or being in physical control of a vessel underway or manipulating water skis, aquaplanes, or similar devices while under the influence of alcohol or drugs.O.R.C. 1547.11(A)(1) is the impairment provision of the law, preventing operation or physical control while under the influence.  The law also has a provision preventing operation with a prohibited level of alcohol which it sets at the same prohibited level...

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Breath Testing: A Synopsis of the Intoxilyzer 8000

The Intoxilyzer 8000 breath test machine uses the method of INFRARED ABSORPTION to analyze a breath sample.  Unlike the BAC DataMaster, the Intoxilyzer 8000 uses a pulsed Infrared light source.  The wavelength frequency is 3.4 and 9.4 microns for ethanol and other interfering substances.  The decrease in intensity of the infrared light due to absorption by alcohol in the breath sample is proportional to the amount of alcohol in the breath.  The sample chamber holds 29.4 cc's of deep lung air for the Intoxilyzer 8000's analysis.  The information most recently shared by the Ohio Department of Health indicates that the...

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How to contact an Ohio DUI/OVI Lawyer

Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (1-888-769-5263).For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.Visit www.DaytonDUI.com, www.SpringfieldDUI.com, www.OhioDUIdefense.com, www.KetteringDUI.com, www.BeavercreekDUI.com, www.FairbornDUI.com,  www.VandaliaDUI.com, www.HuberHeightsDUI.com, www.MiamisburgDUI.com, www.XeniaDUI.com or www.CharlesRowland.com.  Immediate help is available by filling out the CONTACT form on any of these pages.For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter at www.Twitter.com/DaytonDUI or Get Twitter updates via SMS by texting follow DaytonDUI to 40404. DaytonDUI is also available on Facebook and...

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Portable Breath Test Devices Can Produce Falsely High Tests

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...

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