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Dayton DUI Attorney Charles Rowland > Posts tagged "Ohio" (Page 65)

DUI on a Bicycle

Where you ride your bicycle will determine whether or not you can be charged with an Ohio DUI. Ohio's drunk driving statute (O.R.C. 4511.19) prohibits operating a vehicle under the influence "anywhere in the state."  This makes the DUI statute unique because offenses such as driving under suspension (O.R.C. 4507.02) and driving without a license (O.R.C. 4510.12) require the offense to occur on a public highway or on areas open to the public.  In State v. Carr, 1999 WL 1314672 (Ohio Ct. App. 11th Dist. Lake County 1999), a person was convicted of drunk driving in his own back yard.  But...

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Fatigue and the Horizontal Gaze Nystagmus Test

Can simple fatigue explain a person's poor performance on the Horizontal Gaze Nystagmus test?  According to recent studies the answer is yes.  Here is a link to the first formal study demonstrating that the smooth pursuit portion of the HGN test is affected by fatigue, http://iospress.metapress.com/content/8758844418248700.  The study found that sleep deprivation impaired smooth pursuit. Quoting from the study's abstract: Our findings showed that sleep deprivation deteriorated smooth pursuit gain, smooth pursuit accuracy and saccade velocity. Additionally, the ratio between saccade velocity and saccade amplitude was significantly decreased by sleep deprivation. However, as the length of sleep ...

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Intoxilyzer 8000 Finding Opposition Throughout Ohio and Beyond

In an article in the Athens News (click HERE), the newspaper outlines the latest developments in the attacks on the implementation of the Intoxilyzer 8000 breath test machine.  Apparently, the Ohio Department of Health is not providing a rousing defense of the machine.  Quoting from the article, "Toy noted that in both the Athens and Pickaway County cases, ODH official Mary Martin testified on behalf of the agency, but that Dumm's ruling says her testimony given that she has no scientific background isn't sufficient basis to validate the Intoxilyzer's findings as trial evidence." Up till now, prosecutors...

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Ohio Speeding Law Update: Laser Guns & Admissibility

Great Speeding Decision from the 12th Appellate District In State v. Starks, 2011-Ohio-2344 the Defendant was stopped for a speeding violation  in a construction zone and went to trial pro se. He objected to any testimony regarding a laser gun.  The trial court took judicial notice of the reliability of the laser gun and the defendant was convicted.  He appealed to the 12th District Court of Appeals and his conviction was reversed.  The Court ruled, Although the underlying principles of laser technology may be the same from one device to another, generally judicial notice as to the reliability of a...

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Intoxilyzer 8000 Evidence Thrown Out in Circleville, Ohio

Rollout of breath tester hits legal snag As reported HERE in the Columbus Dispatch, "Judge Gary Dumm of Circleville Municipal Court ruled Thursday that test results from the Intoxilyzer 8000 will not be admitted in his court until the state can present scientific proof that the machine's technology is sound."  This flirts with overturning the 1984 Ohio Supreme Court ruling in State v. Vega that states that breath tests in general cannot be challenged by expert testimony, Dumm said the ruling permitted him to examine whether the Intoxilyzer 8000 was "proper equipment."Columbus lawyer Tim Huey, president-elect and DUI chairman...

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Ohio State Highway Patrol Announced Roadcheck 2011

The Ohio State Highway Patrol will participate in Roadcheck 2011, which promotes 72 hours of continuous commercial motor vehicle inspections throughout the United States, Canada and Mexico starting tomorrow and running through June 9. This year’s theme is “Enhancing Truck and Bus Safety and Security throughout North America.”During last year's Roadcheck in Ohio, troopers and motor carrier enforcement inspectors conducted 1,966 commercial motor vehicle inspections and issued 4,214 safety violations on Ohio roadways. From those inspections, 454 commercial motor vehicles, and 121 drivers were...

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Are We One Step Closer to Killing State v. Vega?

Most challenges to a breath testing instrument in Ohio are limited by a 1984 Ohio Supreme Court ruling (State v. Vega) that held that once the Ohio Department of Health certifies a machine, it becomes valid and the defendant loses the ability to argue defenses based on the underlying science of the machine.  This author has made it a long-standing goal to fight this case and has done so for over 10 year.  Well, a case out of Athens may represent a crack in the dam.  The story is from the Columbus Dispatch.Breath-tester’s reliability challenged in hearingSaturday, May 28, 2011...

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Montgomery County DUI checkpoint (5/27/11)

The German Township Police Department in Montgomery County, along with other jurisdictions, will be conducting a sobriety checkpoint Friday on State Route 725 and other selected roads in German Township. The checkpoint is scheduled to get begin at 2 p.m. and end at 9 p.m. on Friday.  This checkpoint was only noticed via a posting at the WHIO New website which took place at 1:57p.m., just three minutes before the checkpoint was to begin operation.If you find yourself in need of an experienced and credentialed Ohio DUI attorney, please contact Charles M. Rowland II...

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Sobriety Checkpoint in Springfield, Clark County Tonight (May 27, 2011)

DUI Roadblock along Rt. 40 in Clark County Thanks to a federal grant, the Springfield Police, the Clark County Sheriff's Department, the Enon Police and the Ohio State Highway Patrol will be conducting an OVI checkpoint tonight from 10 p.m. to 1 a.m.  The checkpoint will be used in conjunction with nearby saturation patrols in an effort to deter drunk driving along route 40.This DUI checkpoint is conducted along with stepped up patrols from May 23rd through June the for the "Click It or Ticket" campaign.  More than 900 law enforcement partners around Ohio, including the Ohio State Highway...

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Ohio Traffic Enforcement: “Click It or Ticket”

If you have not already seen the commercials, the approach of the Memorial Day weekend signals the return of the "Click It or Ticket" program across the fruited plains.  From May 23 through June 5, law enforcement in communities across the country will be out in force reminding motorists to “Click It or Ticket.” More than 900 law enforcement partners around Ohio, including the Ohio State Highway Patrol, will be aggressively enforcing the law during the mobilization.  The Ohio State Highway Patrol will also be aggressively enforcing DUI laws during this period. If you find yourself in...

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