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Ohio DUI Defense Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "Ohio DUI Defense" (Page 3)

There’s A New Standardized Field Sobriety Tests “Guide”

Standardized Field Sobriety Tests are commonly known as the roadside activities that police officers ask drivers to perform if the officer suspects that the driver is impaired by alcohol or another impairing substance. We call them "stupid human tricks."  Contrary to popular understanding and belief, many of these tests have little basis in science, and the ones that do are frequently performed incorrectly.NHTSA has developed a new "GUIDE" in assessing Standardized Field Sobriety Tests.  The new (March, 2013) version focuses more on having law enforcement recognize and administer tests to determine impaired driving by substances other than alcohol.  No new scientific studies...

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First Offense DUI – What To Expect

A first offense DUI is defined at O.R.C. 4511.19 as a DUI with no priors within 6 years.  A first offense DUI can be charged in three ways.  The first charge is caused by testing over the legal limit of .08% B.A.C. (example O.R.C. 4511.19(A)(1)(d)).  These types of offenses are also referred to as "per se"  violations.  A second way to be charged is for violating the high-tier provision of Ohio's DUI law.  Ohio has also created a per se “high-tier” limit of .17% BrAC, sometimes referred to as a SUPER-OVI.  The per se high-tier limits for a first offense DUI are set forth at...

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Defending Your DUI: The Gastric Bypass Defense

Gastric bypass surgery (also called bariatric surgery) is a procedure that drastically reduces the size of the stomach which has a dramatic effect when consuming alcohol.  Gastric bypass surgery results in alcohol moving much more quickly from the stomach into the small intestine.  80% of alcohol is absorbed in the small intestine, this surgery results in a much higher peak BAC than with the equivalent amount of alcohol consumed before the surgery.  Due to these anatomical and physiological changes, drinking after gastric bypass surgery is similar to drinking on an empty stomach, but creates an even higher peak BAC because there...

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Why Do They Call it Moonshine?

Why Do They Call It Moonshine?Moonshine is as American as apple pie.  Prohibition did not stop people from wanting alcohol.  Prohibition did not stop people from wanting money.  Put those two desires together and you have the illegal production of alcohol called "moonshining."  "Moonshiners" is a term used for people who did their production at night to avoid the government agents (G-Men) and Treasury Agents (T-Men) who patrolled the hills of Appalachia looking to stop production of illegal hootch.Production of moonshine illegal alcohol required the use of stills.  The stills were heated by fires and produced tell-tale smells, sounds and...

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OVI & Your Brain: Who Cares About Impairment?

More Faulty OVI Breath Test Assumptions One of the faulty assumptions underlying OVI evidential breath testing is the assumption that the tests are measuring the ability of alcohol to impair your brain.  They do not.  The breath test for OVI does not care how, or even if, the alcohol is impairing your brain only that it is in your breath via your lungs via your blood.  The machines do not test venous blood but arterial blood utilizing the scientific principle of Henry’s Law.  As alcohol can be at different rates throughout your body, the machine is not measuring impairment.During peak absorption...

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Marked Lanes Violations & Traffic Stops

When can a police officer make a stop for a marked lanes violation? In State v. Houck, 2011-Ohio-6359, Ohio's Fifth Appellate District considered the legal standards required to stop a person for a marked lanes violation. See O.R.C. 4511.33 “In Ohio, when a driver commits only a de minimis marked-lanes violation, there must be some other evidence to suggest impairment before an officer is justified in stopping the vehicle. See State v. Gullett (1992), 78 Ohio App.3d 138, 145, 604 N.E.2d 176, 180–181. In Gullett, the Fourth District Court of Appeals concluded that the mere crossing of an edge line on two...

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Does Alcohol Consumption Kill Brain Cells?

It has become a common belief that alcohol consumption kills brain cells, but is that true?Much of the anti-alcohol rhetoric comes from the prohibition era.  The early temperance writers made the assertion that alcohol killed brain cells and also insisted that the alcohol in their blood could cause “drunkards” to catch fire and burn alive. Hanson, David J. Alcohol Education: What we Must Do. Westport, Connecticut: Praeger, 1996, p. 13.  While such over the top arguments have been dropped, they have left the impression that drinking alcohol hurts your brain.  Fortunately, nothing could be further from the truth.Scientific medical research...

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Dayton DUI (At Your Service)

Here are links to the various platforms and free services we at DaytonDUI offer. The Ohio DUI BlogThe DaytonDUI Android AppThe DaytonDUI Free OVI Checkpoint AlertsFacebookTwitter (@DaytonDUI)DaytonDUI on Google+DaytonDUI's YouTube ChannelTumblrPintrest Ohio DUI/OVI Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671.  You can have DaytonDUI at your fingertips by...

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Beavercreek DUI & Beavercreek OVI

If you have been arrested on suspicion of OVI (formerly called DUI or drunk driving) in Fairborn, Beavercreek or Beavercreek Township, your misdemeanor OVI case will be heard in the Beavercreek/Fairborn Municipal Court, 1148 Kauffman Ave. in Fairborn, Ohio.  If you need to find information about a case in the Fairborn Municipal Court you can search HERE for case information or visit the court's web site HERE.Charles M. Rowland II, a life-long resident of Beavercreek,  has represented the accused drunk driver in the Fairborn Municipal Court for over fifteen years.  Charles Rowland dedicates his practice to OVI law and has some of the most impressive credentials for OVI attorneys in the state of Ohio.  If you find yourself...

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What Is Wrong With The HGN? (by DaytonDUI)

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.When an officer asks you to follow his pen, he is performing the horizontal gaze nystagmus test.  Nystagmus is defined as the oscillation of the eyeball that occurs when there is a disturbance of the vestibular system or the oculomotor control of the eye.  The nystagmus the...

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