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Ohio OVI defense Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "Ohio OVI defense" (Page 9)
04 November
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DUI Checkpoints: Are They Justified (Still)?

Posted by Dayton DUI
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...

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01 November
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Underage Consumption in Ohio

Posted by Dayton DUI
in Uncategorized

Underage possession or consumption of beer or intoxicants is a serious crime in Ohio.  The charges are first-degree misdemeanors carrying a maximum penalty of 180 days in jail and up to a $1,000.00 fine.  Worse yet, a conviction may leave you with a “criminal record” which is much more serious than a fine or costs.  Fear, shame or guilt may compel you to want to plead guilty to put the charge behind you, but that decision may have long-lasting and unintended consequences.If you are under 21 years old, drinking alcohol is illegal in the State of Ohio.  Ohio Revised Code...

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27 October
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DADSS Will Search You Every Time You Get In Your Car

Posted by Dayton DUI
in DUI Process

Within the next few years you may be required to give a breath sample or have your skin scanned in order to operate your car.  The U.S. Department of Transportation (DOT) is developing a technology called Driver Alcohol Detection System for Safety (DADSS).  The $10 million research program is being funded by the National Highway Traffic Safety Administration (NHTSA) and the Automotive Coalition for Traffic Safety.  The development of DADSS has been the main legislative and lobbying effort of Mothers Against Drunk Driving for the past few years.  Due to their efforts they have garnered the buy-in of car manufacturers...

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14 October
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What Should I Wear To Court?

Posted by Dayton DUI
in Uncategorized

When you appear in court, you are being judged.  Everything about you is open to scrutiny by people who have power over your life.  As such, your appearance in court should be designed to aid in your defense.  By knowing your audience, you can be prepared to blunt a harsh or dismissive attitude and win your case.  Here are some common-sense dos and don'ts for dressing for court. DO wear conservative clothing that won't make you stand out or draw attention to yourself.  Take out visible piercings and cover your ink (if possible).  Sleeves and collars are preferable and your shirt...

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06 October
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DUI Science: Fat vs. Thin/Man vs. Woman/Young vs. Old

Posted by Dayton DUI
in DUI Law, DUI Process

After consuming alcohol, will a fat person or a thin person have a lower BAC? Alcohol loves water and will move into spaces where water is the most prevalent.  Fatty portions of the body have a low water content and absorb little of the alcohol, while muscular portions of the body have a high water content and absorb much alcohol.  As it is carried to all parts of the body by the blood, the alcohol distributes itself in proportion to the water content of the various parts of the body.  It is the presumed relationship between the amount of alcohol in...

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01 October
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Evidential Breath Testing: Ohio Administrative Code 3701-53-01

Posted by Dayton DUI
in DUI Law, DUI Process

Image via WikipediaIn Ohio, the Director of Health adopts Administrative rules which govern analytical testing for evidential use.  It is important that your Ohio DUI attorney understand these codes and how they affect your breath test results.  O.A.C. 3701-53-01 sets forth the methods or techniques which are approved to test blood, breath, urine or other bodily substances.  One of the things your OVI attorney should not overlook is the requirement in section (B) which requires the testing facility to have a copy of the written procedure manual on file in the area where the analytical tests are performed. 3701-53-01 Techniques or methods.(A)...

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08 September
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… and the horse you rode in on!

Posted by Dayton DUI
in DUI Law, DUI Process

If you need a ride home from the bar, consider a horse!  Ohio Revised Code 4511.01(A) defines what constitutes a vehicle for purposes of the DUI statute:every device, including a motorized bicycle, in, upon, or by which any person or property may be transported or drawn upon a highway, except that "vehicle" does not include any motorized wheelchair, any electric personal assistive mobility device, any device that is moved by power collected from overhead electric trolley wires, or that is used exclusively upon stationary rails or tracks, or any device, other than a bicycle, that is moved by human power. Applying...

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14 July
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Dayton DUI on YouTube

Posted by Dayton DUI
in Uncategorized

Image via CrunchBaseClick HERE to visit our YouTube Channel. Throughout the coming year we will be bringing our message of DUI defense to you via YouTube.  The first postings, dealing with my credentials and the court process, are already up and running.  As with all the information I provide, I hope that you are empowered to choose an OVI attorney who will serve your needs and protect your rights.If you have any ideas about topics you would like me to post about, please contact me at (937) 318-1384 [937-318-1DUI], 888-769-5263 [888-ROWLAND] or visit our sites.  Thank you to all of those...

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26 May
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Microbial Contamination of the Blood Draw

Posted by Dayton DUI
in DUI Law, DUI Process

With recent changes in Ohio OVI law, attorneys should expect more blood test cases. Blood cases present the opportunity for multiple scientific defenses, but only if we recognize them and present them in a coherent manner before our judges.  Many of these scientific defenses can arise from problems in the blood draw.  If the blood draw is flawed microorganisms may contaminate the blood sample.  If this happens sugars (natrually present in the blood) can be converted into ethanol, resulting in a fasley high test.  Candida albicans is a yeast that lives on just about everything and is resistant to most...

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