08 February

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Ohio DUI & FBI Background Checks

The FBI maintains the National Crime Information Center (NCIC) which started in1967 with five files and 356,784 records. By the end of 2009, NCIC contained more than 15 million active records in 19 files. NCIC averages 7.5 million transactions per day. The intent of the NCIC is to be comprehensive in nature, through a cooperative network between local, state and federal law enforcement agencies. The Interstate Identification Index, which contains automated criminal history record information, is accessible through the same network as NCIC. Individual states have internal records that may indeed be forwarded along to the NCIC as...

22 December

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DUI Crime Lab Requirements, O.A.C. 3701-53-06

Posted by Dayton DUI

in DUI Law, DUI Process

[caption id="" align="alignright" width="210" caption="Image via Wikipedia"][/caption]O.A.C. 3701-53-06 sets forth the lab requirements for proper testing in DUI cases Ohio Administrative Code 3701-53-06 (formerly O.A.C. 3701-53-05) contains the requirements for laboratories who administer alcohol and drugs tests. Section (A) sets forth the rules that labs must keep chain of custody records and test results for three (3) years. All positive blood, urine and other bodily substances shall be retained for a period of not less than one year. Section (B) requires lab proficiency. Section (C) requires that,"[t]extbooks and package inserts or operator manuals from the manufacturer...

20 December

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State v. Vega, shackling Ohioans for over 25 years!

Posted by Dayton DUI

in DUI Law

State v. Vega shackles Ohioians The following post is from a respected national DUI attorney, Lawrence Taylor, a man I respect. Here he lays out the best and most damning argument against Ohio's decision to prevent defendant's from challenging the breath test machine. The decision he is criticizing is State v. Vega. It is the position of this blog that this decision is badly decided and should be overturned. Posted by Lawrence Taylor on December 4th, 2008I received a lot of email from readers who think there was some misunderstanding at the end of my last post, that it could not possibly...

17 December

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Clark County, Ohio (Springfield) OVI Checkpoint Tonight

Posted by Dayton DUI

in Ohio Cities

There will be an OVI sobriety checkpoint tonight in Clark County, Springfiield, Ohio beginning at 11 pm. According to the Clark County Sheriff, the location of the checkpoint will be at 235 and Billie Roads. UPDATE: User report from Clark County, OH - Lakeview Rd And Gerlaugh Rd - Lakeview is OH 235The DUI checkpoint will be conducted by the Clark County OVI Task Force. The Clark County OVI Task Force is made up of the Clark County Combined Health District, Springfield Police Division, Clark County Sheriff’s Office, the Ohio Highway Patrol, the Ohio Department of...

16 December

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Blood & Urine Specimens O.A.C. 3701-53-05

Posted by Dayton DUI

in DUI Law, DUI Process

Image via WikipediaOhio Administrative Code section 3701-53-05 applies to the collection of blood and urine specimens. Section (A) requires all samples to be "collected in accordance with section 4511.19 (DUI statute), or section 1547.11 (Boating Under the Influence) of the Revised Code, as applicable."Section (B) states, "[w]hen collecting a blood sample, an aqueous solution of non-volatile antiseptic shall be used on the skin. No alcohols shall be used as a skin antiseptic." A good place to start your DUI investigation is the first blood draw. We have garnered the help of a legal-nurse-practitioner to find instances where wounds could have...

08 December

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Ohio OVI: Why file a motion to suppress?

Posted by Dayton DUI

in Uncategorized

A motion to suppress is one of the most important tools in a DUI attorney's arsenal. It's purpose is to render "the state's proof ...

04 December

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Breath Testing: A Synopsis of the Intoxilyzer 8000

Posted by Dayton DUI

in DUI Law, DUI Process

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...

02 December

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DUI and Traffic Enforcement Initiative Announced

Posted by Dayton DUI

in DUI Law, DUI Process

The Ohio State Highway Patrol announced an initiative that will last through the end of the year. Troopers will "focus their attention on impaired and aggressive driving, as well as other high risk behaviors, such as driver inattention. Troopers will also be committed to firm enforcement of safety belt and child restraint violations." Citing an increase in traffic fatalities throughout the year, Patrol superintendent Colonel David W. Picken stated, "My troopers are going to be out there every day - doing everything they can - to try to reverse this upward trend." Ohio has experienced an increase of 49 fatalities...

30 November

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Good Job Ohio! Safe Thanksgiving Driving Reported

Posted by Dayton DUI

in DUI Process

Image via WikipediaCongratulations Ohio! The Ohio Dept. of Public Safety announced numbers showing accidents down, fewer fatalities and only three alcohol-related fatalities throughout the state (down from 10 last year). Our hope here at Dayton DUI is that drivers are motivated to make good decisions about alcohol use and that a designated driver is used when necessary. Thanks to everyone who used their head to keep everyone else safe. Here is the official release from the Ohio Department of Public Safety. COLUMBUS – Provisional numbers released today by the Ohio Department of Public Safety show fewer motorists were killed on...

25 November

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Fayette County (Washington Court House) Will Have Increased Patrols

Posted by Dayton DUI

in Ohio Counties

Today, the Fayette County Sheriff's Office joined the growing chorus of agencies announcing increased patrols. Additional patrol deputies will be assigned overtime hours for traffic enforcement as part of a high visibility traffic enforcement grant funded through the Ohio Department of Public Safety – Traffic Safety Office and the National Highway Traffic Safety Administration. In addition to general traffic enforcement, deputies will be looking for alcohol impaired drivers, safety belt and child restraint violations. For more details on the inititative go HERE.It's safe to say that anywhere you drive this holiday weekend, you will encounter an increased police presence. This...

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