04 November

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DUI Checkpoints: Are They Justified (Still)?

in Checkpoints, Drugs & Alcohol, DUI Law, DUI Process

U.S. Supreme Court Upholds Sobriety Checkpoints, Michigan v. Sitz, 496 U.S. 444 (1990) In 1986, the Michigan State Police Department created a sobriety checkpoint program aimed at reducing drunk driving within the state. The program included guidelines governing the location of roadblocks and the amount of publicity to be given to the operation. Before the first roadblock went into effect, Rick Sitz, a licensed Michigan driver, challenged the checkpoints and sought declaratory and injunctive relief. Sitz was victorious in the Michigan lower courts. In a 6-to-3 decision, the Court held that the roadblocks did not violate the Fourth Amendment. Chief Justice William...

25 October

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Case Law Update: State v. Kitzler

Posted by Dayton DUI

in DUI Law, DUI Process

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...

30 September

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Why We Fight

Posted by Dayton DUI

in Uncategorized

Watch this informative video and learn where my passion for DUI defense comes from and why I fight so hard on behalf of my clients. You can see more helpful videos at the DaytonDUI YouTube channel which is accessible on the main page of this blog....

24 September

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Clinton County & Hillsboro OVI Checkpoint (Sept. 24, 2011)

Posted by Dayton DUI

in Checkpoints, Ohio Cities, Ohio Counties

There will be an OVI checkpoint tonight in Wilmington, Clinton County, Ohio at Rombach Ave., near Lowes Rd. The Clinton County Post of the Ohio State Highway Patrol will be conducting this checkpoint. For important information about DUI/OVI enforcement in Wilmington, Ohio and Clinton County, please check out www.WilmingtonDUI.com. You can also access the 24/7 contact information of Wilmington DUI attorney Charles M. Rowland II provided below.The Hillsboro OVI checkpoint will be on North High Street. No times for this OVI checkpoint have been published. For information about both DUI roadblocks, contact the Clinton County Post at (937) 382-2551. We will...

07 September

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Illegal Bath Salts, A Primer

Posted by Dayton DUI

in Drugs & Alcohol

Methylenedioxypyrovalerone (MDPV) (“bath salts”, “Ivory Wave”, “plant fertilizer”, “plant food”,“Vanilla Sky”, “Energy-1”) Methylenedioxypyrovalerone (MDPV) is a designer drug of the phenethylamine class. MDPV is structurally related to cathinone, an active alkaloid found in the khat plant, methamphetamine, and methylenedioxymethamphetamine (MDMA). MDPV is a central nervous system (CNS) stimulant and it was first seized in Germany in 2007. The abuse of MDPV is increasing, particularly in Europe and Australia. MDPV has been identified in products called “bath salts” which are sold on websites based in Europe. MDPV is not approved for medical use in the United States. MDPV (1-(1,3-benzodioxol-5-yl)-2-(1-pyrrolidinyl)- 1-pentanone; Chemical Abstract Service...

02 September

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Early Checkpoint in GermanTownship (Mongomery County)

Posted by Dayton DUI

in Checkpoints, News, Uncategorized

There will be an OVI checkpoint operated along Rt. 4 in Germant Township from 5 p.m. until 9 p.m. This is earlier than other checkpoints operated in this area. You should expect saturation patrols to be present in the surrounding areas.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. 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....

13 June

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Fatigue and the Horizontal Gaze Nystagmus Test

Posted by Dayton DUI

in DUI Law

Can simple fatigue explain a person's poor performance on the Horizontal Gaze Nystagmus test? According to recent studies the answer is yes. Here is a link to the first formal study demonstrating that the smooth pursuit portion of the HGN test is affected by fatigue, http://iospress.metapress.com/content/8758844418248700. The study found that sleep deprivation impaired smooth pursuit. Quoting from the study's abstract: Our findings showed that sleep deprivation deteriorated smooth pursuit gain, smooth pursuit accuracy and saccade velocity. Additionally, the ratio between saccade velocity and saccade amplitude was significantly decreased by sleep deprivation. However, as the length of sleep ...

24 May

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Getting Lucky During Plea Negotiations

Posted by Dayton DUI

in Uncategorized

Is there an amulet that will help you get better deals in plea negotiations?According to The Good Luck Book, by Bill Harris, Beryl is your best bet if you are soon to be engaged in a negotiation with a unscrupulous or conniving individual. Wearing or carrying a piece of beryl will help you be mannerly and congenial and gain the understanding of your opponent. Holding the piece of beryl in your hand and concentrating on your desired outcome seems to do the trick. The history behind using beryl dates back to fifth century Ireland where spheres of beryl...

12 May

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Defending the Publication of DUI Checkpoint Locations

Posted by Dayton DUI

in Uncategorized

Why do you provide DUI checkpoint locations on your site? When this site publicizes DUI checkpoints, it actually helps law enforcement deter drunk driving. Reason magazine recently weighed in with a defense of smart phone apps during the recent controversy of whether or not companies should actively exclude these apps from their customers. People who choose to download these apps are given updates about DUI checkpoints in their area. The effort gained momentum when various high-profile politicians took a stance against the apps.MADD also came out (in full effect) against the manufacturers and providers of these DUI checkpoint apps. To arrive...

06 May

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Beavercreek/Fairborn DUI Checkpoint Tonight (5/6/11)

Posted by Dayton DUI

in Ohio Cities

The Ohio State Highway Patrol has announced plans for a DUI sobriety checkpoint tonight in Greene County. The checkpoint will be held at Col. Glenn Highway at Zink Road and will run from 8pm to 12am. We will update this post with details as they become available.Additional sobriety checkpoints are planned for Median and Washington Counties. If you find yourself in need of an OVI attorney in Beavercreek or Fairborn, CONTACT Charles M. Rowland at 937-318-1DUI (318-1384), 1-888-ROWLAND (222-769-5263) or by texting DaytonDUI (one word) to 50500. "All I do is DUI defense." Related articlesFairborn Municipal Court; contact...

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