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Dayton DUI Attorney Charles Rowland > Posts tagged "ohio ovi" (Page 7)

Arrested for DUI? You Are Innocent.

If you tell your friends that you were arrested for punching someone in the face, their overwhelming reaction will be, "Wow, what happened?"  If, however, you tell them that you were arrested for DUI, those same friends will say, "Oh, I'm so sorry."  What is the difference?  When a person is facing a DUI charge, guilt is assumed.  How in the world did this happen?  How did our presumption of innocence, so valued in the American tradition of law, become so cheapened?  Perhaps we can look to the politically charged nature of the crime of drunk driving.  We can blame...

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Did You Sign The Ticket? (by DaytonDUI)

An often-overlooked piece of exculpatory evidence is your signature. When the officer has read and explained your rights prior to conducting an evidential breath test, he or she will ask you to sign a form entitled the  BMV Form 2255 Notice of Administrative License Suspension.  Under Ohio Revised Code 4511.192 (A) "The officer SHALL give that advice in a written form that contains the information described in division (B) of [that] section and SHALL read the advice to the person. The form shall contain a statement that the form was SHOWN to the person under arrest and read to the person by...

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The Limits of the Standardized Field Sobriety Tests

Ohio Revised Code 4511.19(D)(4)(b) sets forth the standards for admissibility of the results of field sobriety tests in OVI (drunk driving) prosecutions.  See State v. Bozcar, 113 Ohio St. 3d 148, 2007-Ohio-1251, 863 N.E.2d 115 (2007).  In order for the tests to be admissible, the State must demonstrate:By clear and convincing evidence. The Officer administered the tests insubstantial compliance. The testing standards for any reliable, credible, and generally accepted test. Including, but not limited to, the standards set by NHTSA.The only guidance provided for determining the meaning of “substantial compliance” has come from State v. Burnside, 100 Ohio St. 3d 152, 2003-Ohio-5372 (2003), wherein the court indicated that errors that...

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DUI Breath Test Defense: Core Body Temperature as a Defense to a Breath Test

Took the Breath Test and wondering if you still have a case?   The cornerstone of evidential breath testing is the scientific principle called Henry's law, named after pioneering chemist William Henry in 1803.  Henry's Law states, At a constant temperature, the amount of a given gas that dissolves in a given type and volume of liquid is directly proportional to the partial pressure of that gas in equilibrium with that liquid. In evidential breath testing, Henry's Law allows the machine to assume it can measure the alcohol (ethanol)  in your breath as a ratio to the ethanol in your blood.  That is why...

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What Does A DUI Cost?

What does a DUI defense cost?  We encounter many people who want a rational, economic justification for hiring an OVI attorney on a first offense OVI.  The only study I could find on this topic was a 2006 Texas Department of Transportation study which calculated the costs of a drunk driving conviction "in that state showed the total costs of a DWI arrest and conviction for a first-time offender with no accident involved would range from $9,000 to $24,000." [source]  In a story from CNBC citing that study, they speculate that total costs, absent you losing your job, could range...

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OVI Blood Test Defense: Microbial Contamination

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 preservatives.  In Lakatuka, D.J., “The Effect of Microbial Contamination of the Blood Sample on the Determination...

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Driving Privileges: Can A Court Prevent Me From Drinking?

A trial court is vested with a great amount of discretion in issuing limited driving privileges under an Administrative License Suspension.  A court may require, as a condition of allowing you to have pre-trial limited driving privileges, that you abstain from the use of alcohol.  The issuing court also has the discretion to order you to put bright yellow, shame-plates on your car and can order you to wear a transdermal alcohol detection unit (commonly called the S.C.R.A.M., "Secure Continuous Remote Alcohol Monitor").  What is more, the court will make you pay for the installation and monitoring of the device....

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Dayton OVI Attorney

If you are arrested on suspicion of  drunk driving in the City of Dayton, your misdemeanor DUI case will be heard in the Dayton Municipal Court.  The Dayton Municipal Court is located at 301 West Third Street Dayton, Ohio 45402.  You can visit the Dayton Municipal Court’s website at:www.DaytonMunicipalCourt.org. Office hours for the Clerk of Court are 8:00am to 4:30pm, Monday through Friday, excluding holidays, for the acceptance of case filings and payments. Parking, Traffic and Criminal payments can also be paid online at www.PayMyFine.org.  A full list of contact numbers is available on the Court’s website and the Clerk can be...

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Defending The Accusation Of Slurred Speech (by DaytonDUI)

A very common observation by law enforcement in an impaired driving investigation is the presence of "slurred speech."  Experience trial counsel will look to the totality of evidence to combat the damning accusation of slurred speech.Many traffic stops are now captured on video tape.  As the quality of the recordings has improved we are often able to hear exactly what the officer is hearing.  Reasonable people can disagree as to whether or not the speech on a video is "slurred" and whether or not it was fair for the officer to describe the speech as slurred.  Another, more subtle method...

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OVI Breath Test Defenses: Exposure to Toulene

In some instances, defendants have argued that exposure to certain chemicals have caused involuntary intoxication.  Commonly, they will cite to the chemical toulene also known as methylbenzene, phenylmethane, and Toluol.  The chemical is a clear water-insoluble liquid with the typical smell of paint thinners, redolent of the sweet smell of the related compound benzene. Toluene is a common solvent, able to dissolve paints, paint thinners, silicone sealants, many chemical reactants, rubber, printing ink, adhesives (glues), lacquers, leather tanners, and disinfectants. The observed effects after consuming dizziness, euphoria, grandiosity, floating sensation, drowsiness, reduced ability to concentrate, slowed reaction time, distorted perception of time...

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