16 May

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Ohio DUI Law: How To Fight A Urine Test

In order to successfully defend a urinalysis case, a DUI defense lawyer must be familiar with Ohio's DUI law (O.R.C. 4511.19) and the Ohio Administrative Code sections which apply to the collection, storing, transporting and testing of the urine specimen. Amphetamine, cocaine, heroine, Marijuana, Methamphetamine, Phencyclidine and L.S.D. are specifically mentioned in Ohio's DUI/OVI statute as illegal controlled substances. The law states how much of each substance must be detected in a chemical test of urine, whole blood, blood plasma, and/or blood serum in order to sustain a charge. While less reliable than a blood or breath test, the urine...

24 April

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License Plate Light Not Illuminated (O.R.C. 4513.05)

Posted by Dayton DUI

in DUI Process, Ohio Criminal Law

In Ohio, it is illegal to operate a motor vehicle without a white light illuminating the rear registration plate. See O.R.C. 4513.05. This law is often used as a pretext for a traffic stop which allows the officer to come into contact with the motorist. Here is a full text of the law. 4513.05 Tail lights and illumination of rear license plate. (A) Every motor vehicle, trackless trolley, trailer, semitrailer, pole trailer, or vehicle which is being drawn at the end of a train of vehicles shall be equipped with at least one tail light mounted on the rear which, when lighted,...

22 April

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Ohio DUI Blood Test: How to Win A Blood Test Case

Posted by Dayton DUI

in DUI Process

In order to successfully defend a blood test case, a DUI defense lawyer must be familiar with Ohio’s DUI law (O.R.C. 4511.19) and the Ohio Administrative Code sections which apply to the collection, storing, transporting and testing of the whole blood, blood plasma and/or blood serum specimen. Amphetamine, cocaine, heroine, Marijuana, Methamphetamine, Phencyclidine and L.S.D. are specifically mentioned in Ohio’s DUI/OVI statute as illegal controlled substances. The law states how much of each substance must be detected in a chemical test of urine, whole blood, blood plasma, and/or blood serum in order to sustain a charge. A blood test is seen as...

15 April

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Illegal Transportation of Alcohol In Ohio; O.R.C. 4301.60

Posted by Dayton DUI

in Uncategorized

"If you are going to buy a keg, buy it in Ohio," or you face violating Ohio law. Transport issues are answered at the Ohio Department of Commerce/Ohio Investigative Unit website, which states, "Any resident of this state or any member of the armed forces of the United States, who has attained the age of twenty-one years, may bring into this state, for personal use and not for resale, not more than one liter of spirituous liquor, four and one-half liters of wine, or two hundred eighty-eight ounces of beer in any thirty-day period, and the same is free of any tax...

20 February

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Driving Privileges: Can A Court Prevent Me From Drinking?

Posted by Dayton DUI

in DUI Law

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....

13 February

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OVI Breath Test Defenses: Exposure to Toulene

Posted by Dayton DUI

in DUI Process

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...

07 February

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Aggravated Vehicular Homicide, O.R.C. 2903.06

Posted by Dayton DUI

in DUI Law

Aggravated Vehicular Homicide, O.R.C. 2903.06, is a crime that results from the death of another caused by the defendant's operating a vehicle while impaired (a violation of R.C. 4511.19) or while driving negligently or recklessly. The statute encompasses driving an automobile recklessly or negligently (called Vehicular homicide) whether or not alcohol played a part in the death. Often, defendants are indicted for multiple counts, with additional counts for each victim of the accident.Under the reckless section of the statute you will be found guilty of a third degree felony which rises to a second degree felony if the driver is...

06 February

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Physical Control & Reckless Operation

Posted by Dayton DUI

in DUI Law

Often, a client will be presented with a plea offer involving a reduction to a charge called “physical control.” Physical control is the crime of being in control of a car while you are impaired. It is a zero point violation under Ohio law and does not carry a mandatory license suspension. Physical control is usually contrasted with a Reckless Operation. To determine which reduction is advantageous, we offer this article. Please talk to your attorney prior to accepting a “physical control” or a “reckless operation” as both have definite pros and cons. This video explains what physical control could...

24 January

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Why Was I Charged With Two OVI Offenses?

Posted by Dayton DUI

in Uncategorized

There are two ways to be charged with OVI (drunk driving) in Ohio. Often, both are charged for reasons that will be addressed shortly. First, let's explore what the two charges mean."Per Se" Offenses: per se is a latin phrase meaning "in itself." It is also a legal term of art defined in Black's Law Dictionary as "taken alone...

09 January

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R.C. 4511.181, Prior Convictions

Posted by Dayton DUI

in Uncategorized

Ohio Revised Code 4511.181 sets forth the law of prior convictions in Ohio. It states that "equivalent offenses" can include:A state OVI under 4511.19(A); A state OVUAC offense under 4511.19(B); [often referred to as a "baby" DUI or an "juvenile" DUI] A violation of a municipal OVI ordinance; Involuntary manslaughter due to impairment, R.C. 2903.04(D); Aggravated vehicular homicide, vehicular homicide or vehicular manslaughter due to impairment, R.C. 2903.06(A)(1); Aggravated assault due to impaired driving, R.C. 2903.08(A)(1); Other state aggravated vehicular homicide, vehicular homicide, vehicular manslaughter offenses under R.C. 2903.06, R.C. 2903.08 or former R.C. 2903.07 based on a finding of impairment; A violation of a municipal ordinance...

Ohio revised code Tag

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