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Dayton DUI Attorney Charles Rowland > Posts tagged "Ohio" (Page 11)

Fourth Amendment Drunk Driving Case Decided By SCOTUS

The Supreme Court handed down an opinion in a Fourth Amendment drunk driving case yesterday in Navarette v. California, No. 12-9490 (Apr 22, 2104) (available here). Writing for the divided Court, here is how Justice Thomas's opinion begins and ends: After a 911 caller reported that a vehicle had run her off the road, a police officer located the vehicle she identified during the call and executed a traffic stop. We hold that the stop complied with the Fourth Amendment because, under the totality of the circumstances, the officer had reasonable suspicion that the driver was intoxicated...

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Ohio Supreme Court Rules on DUI Motion To Suppress Issue

The Ohio Supreme Court ruled on a DUI Motion to Suppress issue in State v. Codeluppi, 2012-Ohio-5812.In August of 2011, Officer Ryan M. Young of the North Ridgeville Police Department stopped Ms. Codeluppi on Lorain Road for driving 53 m.p.h. in a 35 m.p.h. zone.  When Officer Young walked to the driver’s window of Ms. Codeluppi’s car, he smelled a strong odor of alcohol coming from the interior of the car. Following an investigation and administration of standardized field sobriety tests, the defendant was arrested for OVI.In her motion to suppress, Ms. Codeluppi asserted that: the officer lacked sufficient reasonable grounds...

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Clark County OVI Checkpoint April 18, 2014

The Clark County OVI Task Force will be operating an OVI checkpoint in Clark County tonight (April 18th).  The Checkpoint will begin at 7:00 pm and will be located  on W. First Street in Springfield. Want to learn about future checkpoints? Get alerts to your phone!If you want to receive updated information on sobriety checkpoints,  enhanced traffic enforcement, saturation patrols and other important developments that affect you, sign up for text alerts on the main page of this blog.  OVI checkpoint alerts will be sent directly to your mobile device/smartphone in the location you choose in the Miami Valley.  In the past month we have...

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Prom DUI Blitz Underway

Mothers Against Drunk Driving and their partners in law enforcement have begun the annual Prom DUI enforcement blitz that will last throughout the prom season.  So in addition to the tuxedos, the wrist corsages and the awkward pictures; make sure you talk to your teen about drunk driving.  MADD is proclaiming April 21 “PowerTalk21 Day” to encourage parents and teens to talk about alcohol.In recent years, MADD has shifted its focus away from its singular mission of preventing drunk driving, to include an effort to curb underage drinking.  The Prom DUI enforcement is used in conjunction with their efforts at instilling...

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Do You Offer Free DUI Consultation?

We offer a free DUI consultation because the most important decision you will make in defending your case will be hiring the right DUI attorney.  Here is a common sense guide to making the most of your time.You should walk out of your free DUI consultation confident in the knowledge that you have spoken to someone who has real experience defending DUI cases.  Ask the following and, if you don’t get straight answers, get up and leave: Have you ever tried a DUI case to a jury?  Have you ever tried a felony DUI case?  Have you ever tried a “test” case...

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Ohio DUI Attorney: Is It A Just World?

As an Ohio DUI attorney, I often observe a bias that people carry toward those accused of drunk driving.  Psychologists call this phenomena the "Just World Hypothesis."The belief that people get what they deserve and deserve what they get, which was first theorized by Melvin Lerner in 1977.  Lerner, M.J. & Miller, D.T. (1977). Just-world research and the attribution process: Looking back and ahead. Psychological Bulletin, 85, 1030-1051.  Attributing failures to dispositional causes rather than situational causes, which are unchangeable and uncontrollable, satisfies our need to believe that the world is fair and we have control over our life. We are motivated to...

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Furnishing Alcohol To Minors In Ohio

Ohio provides tough penalties for furnishing alcohol to minors.In recent years, MADD has shifted its focus away from its singular mission of preventing drunk driving, to include an effort to curb underage drinking.  Much of their efforts have been directed at instilling fear amongst parents who may provide alcohol to minors in their home.  This initiative has been aided by a national ad campaign called "Parents Who Host Lose The Most."  As prom season approaches you may be confronted with information about furnishing alcohol to minors and the penalties associated with such action.  Ohio Revised Code Section 4301.69 contains most...

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New DUI Punishment Coming To Ohio

The Ohio legislature is considering H.B. 469 (Annie's Law) which would bring a harsh new DUI punishment to the State.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 BAC more than twice the state’s legal limit.  In Ohio, ignition interlock devices are required for any driver accused of a second...

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Intoxilyzer 8000: The More You Blow

The Intoxilyzer 8000 is Ohio's breath testing device in DUI cases.  One of the major flaws of the machine is that its testing protocol can result in inflated tests. The more you blow, the higher it goes.Wondering Should you blow? Attorney explains in this video. The protocol for the Intoxilyzer 8000 in Ohio requires that you produce merely 1.1 liters of breath, less than the amount of air required to fill a two liter pop bottle.  The average adult can exhale between three and four liters of air.  If you are unlucky enough to be tested on this machine, the police...

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Kettering DUI First Offense: What To Expect

Kettering DUI? This article is designed to help you understand what to expect if you are charged with a DUI in the Kettering Municipal Court.A first offense DUI is defined at O.R.C. 4511.19 as a DUI with no priors within 6 years.  A first offense DUI can be charged in three ways.  The first charge is caused by testing over the legal limit of .08% B.A.C. (example O.R.C. 4511.19(A)(1)(d)).  These types of offenses are also referred to as “per se”  violations.  A second way to be charged is for violating the high-tier provision of Ohio’s DUI law.  Ohio has also created a per se “high-tier” limit...

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