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Ohio OVI defense Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "Ohio OVI defense"

Ohio OVI Blitz Along Interstate 75 This Weekend

There will be an Ohio OVI blitz along Interstate 75 this weekend. The Ohio State Highway Patrol will be joining forces with other members of the 6-State Trooper Project to focus on speed, safety belt and OVI enforcement along Interstate 75. The initiative will take place from Friday, February 20 at 12:01 a.m. through Sunday, February 22 at 11:59 p.m. This high-visibility enforcement effort will include the Kentucky State Police, Michigan State Police and Ohio State Highway Patrol. The 6-State Trooper Project is a multi-state law enforcement partnership aimed at providing combined and coordinated law enforcement and security services in the...

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Ohio OVI Enforcement Statistics Year-To-Date

The Ohio State Highway Patrol has released year-to-date statistics on its Ohio OVI Enforcement.  2014 saw 2,100 arrests for OVI.  There was an increase in 2015 to 2,367 arrests.  Greene County saw arrests jump from 25 in 2014 to 47 this year. Montgomery County jumped from 58 arrests in 2014 to 72 this year. In Clark County the OSP arrested 26 people by this time in 2014 and 32 so far this year.2015 looks like a bad year to forget to wear your seatbelt with a huge jump of 8,278 arrest vs 6,796 last year. Drug arrests are also significantly up...

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Is It A Crime To Refuse To Take A Breath Test?

Is it a crime to refuse to take a breath test? Ohio has adopted O.R.C. 4511.19(A)(2) which makes it a crime to refuse to take an evidentiary chemical test if you have a prior OVI (drunk driving)  or OVUAC (juvenile/underage drunk driving) conviction any time within the last twenty (20) years.  If you refuse and you have a prior within twenty (20) years then the penalties for your OVI offense will be double the mandatory minimum. (See generally the "Penalties" section of the DaytonDUI blog).Professional drivers who refuse to take a breath test face a separate crime if they do not...

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The Ohio OVI Breath Test – How To Fight And Win

You may think that any person who takes an OVI breath test and blows above Ohio's .08 legal limit is guilty of OVI.  This is not the case. Watch the Video.  Ohio employs a device called the Intoxilyzer 8000.  This device has many problems in its operation.  In fact, after a lengthy hearing on the Intoxilyzer 8000, a judge in Marietta ruled that the machine was not reliable [Story HERE].  Prosecutors hide behind a 1984 Ohio Supreme Court decision that said because the machines were officially certified by the state, they cannot be challenged by expert witnesses. Until this ruling is overturned...

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Alcohol Is A Central Nervous System Depressant

Alcohol is classified as a Central Nervous System Depressant for its effects on the human body.  It is listed as such for purposes of DUI investigations in the 2013 National Highway Traffic Safety Administration (hereinafter NHTSA) "DWI Detection and Standardized Field Sobriety Testing" Participant Guide. See NHTSA, HS 178 R5/13.  CNS Depressant type drugs (see below) slow down the operations of the brain, and usually depress the heartbeat, respiration, and many other processes controlled by the brain. The most familiar and ubiquitous Central Nervous System Depressant is alcohol. Other Depressants of the Central Nervous System include:• Barbiturates (such as Secobarbital (Seconal), and Pentobarbital...

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Ohio DUI Law Enhances Habitual Offender Registry

Under Ohio DUI law, anyone with five or more convictions for OVI during the past 20 years is placed on the Ohio Habitual Offender Registry.  Of course, it would not be Ohio DUI law if there were not some quirks.  For example, out-of-state convictions do not count, nor do convictions more than 20 years old.  You must also have at least one conviction since September 30, 2008, the date when the law took effect.  Juveniles are included and dead people are not.  If you are involved in one incident which results in multiple charges, the conviction only counts once for...

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MADD and NHTSA Push For Expanded Use of Ignition Interlock Devices

Mothers Against Drunk Driving and their government partners at the National Highway Traffic Safety Administration want 2014 to be the year that all states expand the use of ignition interlock devices to include anyone convicted of a drunk driving offense.Currently, ignition interlock devices are used in all 50 states and the District of Columbia. However, states vary widely in how the ignition interlock devices are used and which drivers are required to install them. In West Virginia, for example, interlock devices are only ordered at a judge’s discretion while Michigan mandates their use for drivers who are found with a...

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Child Endangerment and DUI Laws In Ohio

There is an intersection between the child endangerment and DUI laws in Ohio.  Child endangerment is an act or omission that exposes a child to psychological, emotional or physical abuse. Child abuse based on the offense of child endangerment is normally a misdemeanor, but endangerment that results in mental illness or serious physical illness or injury is a felony. See abused child, neglected child.  Child endangerment and DUI laws are implicated when a person drives drunk with a child in the car.Ohio Revised Code 2919.22(C)(1) addresses the child endangerment and DUI laws as follows, (C) (1) No person shall operate a vehicle,...

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Case Law Update: OVI Urine Sample

Under Ohio law, an OVI urine sample must be refrigerated while not in transit or under examination.  In State v. Schneider, 2013-Ohio-4789, the First District Court of Appeals was asked to define what "in transit" means.At the suppression hearing, defense counsel argued that the state had failed to establish that the OVI urine sample had been refrigerated while it was not under examination or in transit as required by Ohio Adm.Code 3701-53-05(F). Defense counsel pointed to the evidence that the trooper had not refrigerated the specimen between its collection at 3:15 a.m., and its mailing at 10:00 p.m., a period of 18...

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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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