05 March

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Standardized Field Sobriety Tests – An Infographic

This info graphic describes the science behind the standardized field sobriety tests (spoiler alert: There isn't much). Field Sobriety Tests are commonly known as the roadside activities that police officers ask drivers to perform if the officer suspects that the driver is impaired by alcohol or another impairing substance. We call them “stupid human tricks.” Contrary to popular understanding and belief, many of these tests have little basis in science, and the ones that do are frequently performed incorrectly.You are also subjected to a great variance in the officer’s understanding of the tests and his or her ability to competently administer...

04 March

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Is This The End of Drunk Driving Arrests?

Posted by Dayton DUI

in DUI Process, Uncategorized

Will there still be drunk driving arrests in the future? This is the question raised by Money Watch and CBS in the article about autonomous cars, "Will Your Car Be Driving Itself By 2020?" According to the article, "[i]t all sounds like science fiction: cars that drive themselves, navigate streets and avoid crashes. But last week Nissan said it would have such "autonomous cars" to sell by 2020. And General Motors chimed in that it may have a similar model by then." The government is not as convinced. "The car--no matter how automated--is not yet ready to be more than a co-pilot,"...

03 March

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Possession of a Controlled Substance: Drug Possession Laws

Posted by Dayton DUI

in Drugs & Alcohol, Ohio Criminal Law

Drug Possession, a.k.a. Possession of a controlled substance is defined in Ohio as knowingly obtaining, possessing or using a controlled substance under the Ohio Revised Code § 2925.11. As applied to marijuana, possession of less than 100 grams (or about 3.5 ounces), giving 20 grams or less of marijuana to another person, or growing less than 100 grams of marijuana are each considered “minor misdemeanors,” punishable by a maximum fine of $150. A minor misdemeanor is not a “jailable” offense, but a person’s driver’s license can be suspended for a period ranging from six months to five years, and a...

27 February

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The Ohio “Clear and Convincing Evidence” Standard

Posted by Dayton DUI

in Ohio Criminal Law

Clear and Convincing Evidence is required for the standardized field sobriety tests to be admitted. 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 in substantial 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....

25 February

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MADD’s Agenda For Ohio Is Announced

Posted by Dayton DUI

in DUI Law

Over the last decade we have learned MADD's agenda for Ohio via its "Campaign To Eliminate Drunk Driving." Their legislative and lobbying efforts have focused on three areas.Support for high-visibility law enforcement activities Legislation requiring ignition interlocks for all convicted drunk drivers Development of automotive technologies for passive alcohol detectionMADD's agenda for Ohio includes continuing the ineffective and expensive OVI checkpoint approach that is accompanied by a large budget media campaign. This year, MADD's agenda for Ohio included a buy-in on their media blitz to announce the new ROBOCOP movie. As could be expected, they want to expand on this concept.MADD's agenda...

24 February

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Paying On-Line At The Kettering Municipal Court

Posted by Dayton DUI

in Ohio Cities

Kettering DUI Attorney Charles M. Rowland II regularly appears in the Kettering Municipal Court representing the accused drunk driver. He has established both KetteringDUI.com and KetteringOVI.com to help you access court services and learn about services provided. Access to the court concerns cases arising anywhere in Kettering, Centerville, Moraine, or Washington Township. Paying On-Line At The Kettering Municipal Court For your convenience, the Kettering Municipal Court Clerk’s Office has created an e-payment service to allow you to pay your costs and fines online through a secure server. You can pay your ticket online using a credit card if your traffic or criminal citation...

21 February

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DUI Blitz Planned Along I-75 Corridor

Posted by Dayton DUI

in Uncategorized

DUI Blitz - If you are driving along 1-75 this weekend, be prepared for an enhanced police presence. The 6-State Trooper Project includes the Ohio State Highway Patrol, Kentucky State Police, Indiana State Police, Pennsylvania State Police, West Virginia State Police and the Michigan State Police.The Ohio State Highway Patrol will be joining forces with other members of the 6-State Trooper Project to focus on crash causing violations. Troopers will be targeting safety belt, aggressive driving, and OVI related violations along the Interstate 75 corridor. The initiative will take place from February 21, at 12:01 a.m. through February 23, at...

20 February

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Ohio’s Best Evidence Rule: What Does It Keep Out Of Evidence?

Posted by Dayton DUI

in DUI Law, Ohio Criminal Law

Ohio's Best Evidence Rule is set forth at Evid.R. 1002. It is very similar to its' federal counterpart. Ohio Rule of Evidence 1002 provides that,To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these rules or by statute enacted by the General Assembly not in conflict with a rule of the Supreme Court of Ohio. But also like its federal counterpart, Ohio Rule of Evidence 1004(1), Ohio's Best Evidence Rule, provides thatThe original is not required, and other evidence of the contents of a writing, recording, or photograph is admissible if...

18 February

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Alcohol Is A Central Nervous System Depressant

Posted by Dayton DUI

in Drugs & Alcohol

Alcohol is classified as a Central Nervous System Depressant for its effects on the human body. It is listed as such for purposes of DUI investigations in the 2013 National Highway Traffic Safety Administration (hereinafter NHTSA) "DWI Detection and Standardized Field Sobriety Testing" Participant Guide. See NHTSA, HS 178 R5/13. CNS Depressant type drugs (see below) slow down the operations of the brain, and usually depress the heartbeat, respiration, and many other processes controlled by the brain. The most familiar and ubiquitous Central Nervous System Depressant is alcohol. Other Depressants of the Central Nervous System include:• Barbiturates (such as Secobarbital (Seconal), and Pentobarbital...

13 February

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Ohio Felony DUI Law: Aggravated Vehicular Homicide

Posted by Dayton DUI

in DUI Law

The most tragic cases we handle are cases involving a charge of aggravated vehicular homicide.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 aggravated vehicular homicide 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...

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