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Dayton DUI Attorney Charles Rowland > Posts tagged "Ohio" (Page 69)

Who is Qualified to Conduct a Breath Test?

Evidential breath testing in Ohio is governed by the Ohio Administrative Code and the Ohio Revised Code.  The OVI statute, R.C. 4511.19(D)(1),  sets forth the requirements that evidential breath tests are admissible when analyzed by individuals holding valid permits issued pursuant to R.C. 3401.143, and qualified in accordance with O.A.C. 3701-53-07(C) - (F). The Ohio Administrative Code contemplates two types, or ranks, of people who are qualified to administer an evidential breath test: Operators and Senior Operators.  "Operators" are authorized to conduct breath tests, whereas, "Senior Operators" is capable of conducting breath tests, caring for the machine and its maintenance and...

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State Patrol to Increase Presence on U.S. 35

The Dayton Daily News is reporting that the Ohio State Highway Patrol will be stepping up its enforcement efforts along U.S. 35 in Greene and Montgomery Counties beginning March 1st.  The patrol said U.S. 35 is consistently a top crash route in Montgomery and Greene counties. Their increased presence is designed to reduce fatal and injury crashes, arrest impaired drivers, apprehend wanted felons and stop the transportation of drugs and weapons.To see the full article on the Dayton Daily News site, please visit HERE. Related articlesHighway wrecks and deaths decline sharply in Ohio (dispatch.com) Fayette County (Washington Court House)...

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DUI LAW: Once There Was A Place Called Camelot

Image by Mr Mo-Fo via FlickrDON'T LET IT BE FORGOT, THAT ONCE THERE WAS A SPOT, FOR ONE BRIEF SHINING MOMENT, THAT WAS KNOWN AS CAMELOT. In State v. Homan, 89 Ohio St.3d 421, 2000-Ohio-212, 732 N.E.2d 952 (2000),  the Ohio Supreme Court ruled in favor of requiring the government to strictly comply with the standardized testing procedures set forth in the National Highway Traffic Safety Administration (hereinafter NHTSA).  NHTSA is the government agency tasked with determining what quasi-scientific tests are indicative of alcohol impairment.  The court concluded that "even minor deviations from the standardized procedures can severely...

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Eaton Municipal Court, Preble County, Ohio

The Eaton Municipal Court is located at 1199 Preble Dr., Eaton, Ohio.  The jurisdiction of the court covers all of Preble County, Ohio and has been served by the honorable Paul D. Henry for many years.  You can access the court's web site here, or contact them by phone at  (937) 456-4941 or fax at (937) 456-4685.  The court's public access/case information is available here.  If you have been arrested for OVI in Eaton, or anywhere in Preble County, you can post bond at the Eaton Police Department after-hours and on weekends at 328 N. Maple St., Eaton, Ohio 45320. Charles...

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Happy Presidents’ Day from DaytonDUI

Image via WikipediaOhio is the birthplace of seven U.S. Presidents and home to many historical sites that you may want to visit over this long weekend.  Beginning with U. S. Grant and continuing through Garfield , Hayes, Benjamin Harrison, McKinley, Taft and Harding , Ohio has had more than it share of presidential history.  When it comes to celebrating Presidents Day in Ohio, the McKinley Presidential Museum and Library in Canton is a good place to start.  At the At the William Howard Taft National Historic Site you can take a tour...

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Lebanon DUI, Springboro DUI, Middletown DUI and coverage for Warren County, Ohio

Charles M. Rowland II serves Warren County and developed websites covering Springboro and Lebanon and Middletown to provide practical information regarding Springboro, Lebanon, Mason, Middletown, Franklin and Warren County's tough drunk driving law. Here you will find information on DUI (now called OVI) law in all of the courts of Warren County. If you find yourself accused of a crime contact Charles M. Rowland II at the number provided above or on the after-hours DUI HOTLINE 937-776-2671. If you've been charged with DUI, it's important that you consult an attorney immediately before you lose your rights!  Charles M. Rowland II has...

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Ohio OVI Law: What is an Arraignment?

The first hearing in an Ohio DUI case is the arraignment.  Ohio arraignments are governed by Rule 8 of the Ohio Traffic Rules (Traf. R. 8).  The purpose of the arraignment is to assure that the accused is aware of the charges against him or her, and that the accused is made aware of his or her rights. (Traf. R. 8(B)) At this hearing, the court will, in open court, read the charge and ask the defendant to enter a plea.  Prior to asking for a plea the arraigning judge must be satisfied that the accused understands (1) the right...

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Springfield DUI Checkpoint Tonight (Feb 11, 2011)

There will be a sobriety checkpoint tonight according to the Clark County OVI Task Force. The checkpoint will begin at 11 p.m. and will be located at state Route 40 and U.S. Route 68 in front of Snyder Park, according to the release. The checkpoint will be carried out by the Clark County OVI Task Force, a coalition funded by a $136,000 grant from the Ohio Traffic Safety Office. The task force is comprised of the Clark County Combined Health District, Clark County Sheriff’s Office, Springfield Police Division, Ohio Highway Patrol, the Ohio Department of Transportation, Clark...

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Out of State DUI Consequences

Question: I was visiting Ohio when I received an OVI charge; what will happen to my out-of-state license? Ohio (and 45 other states) are members of the Driver's License Compact, an agreement wherein member States communicate the fact of a conviction for DUI to the "Home State". The "Home State" then takes action against the licensee under its own laws. Forty-five States are currently members of the Interstate Compact.  Michigan and Wisconsin are not part of the DLC.   Under all but a few geographical exceptions, it will be impossible for an out of State resident to avoid serious consequences in their...

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Ohio DUI Alert from Breathalyzer Manufacturer

The following is the response provided by N.P.A.S. regarding Ohio's decision to employ roadside breath testing instruments.  N.P.A.S. is the manufacturer of the BAC DataMaster breath testing machines. We have received many requests for information regarding the Ohio Department of Health's apparent decision to purchase products designed for mobile evidential breath testing in Ohio.We believe our instruments, made in Ohio by Ohio workers, suppliers, engineers and tradesman are the most reliable, and precise instruments in the industry, whether they are deployed at the roadside or in a station.Here is our take on mobile testing in Ohio.  Van applications (i.e. ...

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