17 September

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Proof Beyond All Reasonable Doubt And Other Closing Arguments (by DaytonDUI)

Imagine that you woke up with a sore throat. It persists throughout the day and into the next. As the week drags on you feel worse and worse and your wife demands that you go to the doctor. You hate doctors, but you feel so lousy that you agree to get your throat checked out. When you arrive you fill out the requisite forms and wait longer than you feel is necessary. Just as you are nearing your boiling point a nurse calls your name and leads you into a small room. You tell her that you've had a sore...

13 September

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5th District Upholds Sobriety Checkpoint (by DaytonDUI)

Posted by Dayton DUI

in Checkpoints, DUI Law

In the recent case of State v. Park, 2012-Ohio-4069, the 5th District Court of Appeals sided with troopers in their administration of a sobriety checkpoint. The Court found against Defendant’s Karen Parks claim that she was wrongfully stopped at a Licking County sobriety checkpoint because the troopers lacked reasonable suspicion of criminal activity and did not properly administer the stop. The Defendant alleged that the troopers adjusted how many vehicles they stopped depending on the traffic in violation of their posted procedures. “Based upon the high volume of traffic, the troopers stopped every third vehicle, but when the traffic decreased,...

11 September

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Greene County (Beavercreek) OVI Checkpoint Tonight (Sept. 11, 2012)

Posted by Dayton DUI

in Checkpoints

Law enforcement officials will conduct a rare weekday OVI checkpoint along Indian Ripple Rd., in front of the Greene from 8pm until midnight. The checkpoint will be conducted by the Ohio State Highway Patrol in conjunction with local police support. You should expect that the OVI checkpoint will be accompanied by saturation patrols.If you want to receive updated information on sobriety checkpoints, enhanced traffic enforcement, saturation patrols and other important developments that affect you, sign up for text alerts on the main page of this blog. Text alerts will be sent directly to your mobile device/smartphone in the location you choose in the Miami...

10 September

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Illegal Police Stops (by DaytonDUI)

Posted by Dayton DUI

in DUI Law

Protecting You From Illegal Police Stops! The Fourth Amendment of the United States Constitution protects you against unreasonable searches and seizures, which includes being unlawfully or illegally pulled over or stopped by law enforcement. An officer cannot simply pull you over based on a hunch or intuition. When a police officer observes a traffic violation, he or she is justified in initiating a limited stop for the purpose of issuing a citation. State v. Brickman(2001), 11th Dist. No. 2000-P-oo58, 2001 Ohio App. LEXIS 2575. The legal standard applied to traffic stops is reasonable and articulable suspicion, which means that the officer has reason to...

07 September

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Warren County OVI Checkpoint (Sept. 7, 2012)

Posted by Dayton DUI

in Checkpoints

Warren County Checkpoint Tonight The Ohio State Highway Patrol is holding an OVI checkpoint along St. Rt. 741 near the Beach Water Park from 10 p.m. until 1 a.m. If you want to receive updated information on sobriety checkpoints, enhanced traffic enforcement, saturation patrols and other important developments that affect you, sign up for text alerts on the main page of this blog. Text alerts will be sent directly to your mobile device/smartphone in the location you choose in the Miami Valley. In the past month we have alerted our followers to the State Route 35 traffic initiative and three local sobriety checkpoints....

07 September

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The DUI Court Process: What is Voir Dire?

Posted by Dayton DUI

in Uncategorized

If your Ohio DUI case proceeds to trial, your attorney will be given a chance to "pick" a jury during a process called voir dire. You attorney will question prospective jurors about their backgrounds and potential biases. Experienced DUI trial counsel will tell you that a good voir dire is especially important in a DUI case. The principles of federal due process as well as the Sixth and Fourteenth Amendments to the United States Constitution guarantee a defendant a trial by a “panel of impartial, indifferent jurors.” Irvin v. Dowd, 366 U.S. 717, 722 (1961); Morgan, 504 U.S. at 727....

04 September

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What Constitutes a Felony DUI in Ohio?

Posted by Dayton DUI

in DUI Law

Ohio has enacted two “look-back” statutes which enhance the penalties for a DUI; a six year look-back and a twenty year look-back. This post will focus on when a DUI becomes a felony. For a complete list of penalties for DUI offenses check out my previous article OHIO OVI PENALTIES.Six Year Look-BackIf you receive a second DUI six years from the conviction date of your first DUI, the penalties are enhanced. Both a first and second DUI within a six year period are first degree misdemeanors which carry a maximum fine of $1,075.00 and a maximum incarceration of six (6)...

31 August

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Making Bail In Your Ohio DUI Case

Posted by Dayton DUI

in Uncategorized

When you are arrested for OVI in Ohio, the police have the discretion to release you or to hold you in a local jail. If you are released, you are given a court date and it is your responsibility to show up at the designated time and place so that your case can proceed. Failure to do so will result in an arrest warrant being issued. The time and place of your appearance appears at the bottom of your ticket. There you will find the date and the address of the court where your case will be heard.If you are...

30 August

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Prior DUI Offenses (Federal and Out-of-State)

Posted by Dayton DUI

in DUI Process

My practice is proud to serve the military community in and around Wright-Patterson Air Force Base. One of the recurring questions we get from military personnel is whether or not a federal or out-of-state DUI can be used to enhance a DUI they get here in Ohio. At one time they did not. Now, however, the offenses received in another state or on federal property do count. See Ohio Revised Code 4511.181(A). DUI defense attorneys challenged the ex post facto application of R.C. 4511.181(A) but the courts have held that since it serves only as an enhancement it meets constitutional...

24 August

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The 47 Types & 38 Causes of Nystagmus; (It’s Not Just Caused by Alcohol)

Posted by Dayton DUI

in Uncategorized

The horizontal gaze nystagmus test is an eye test approved by the National Highway Traffic Safety Administration(hereinafter NHTSA) as a tool to detect clues of impairment in drivers. The HGNtest is one of three psychomotor tests approved as part of the standardized field sobriety testing protocol employed by law enforcement officers throughout the United States and used here in Ohio. The HGN is a test of your eyes wherein the testing officer is looking for abnormal movements call saccades. These movements make the eye appear to bounce or wobble. The officer uses this movement to make a correlation to alcohol use. This would valid only if we are...

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