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Dayton DUI Attorney Charles Rowland > Posts tagged "Ohio" (Page 71)

Blood & Urine Specimens O.A.C. 3701-53-05

Image via WikipediaOhio Administrative Code section 3701-53-05 applies to the collection of blood and urine specimens.  Section (A) requires all samples to be "collected in accordance with section 4511.19 (DUI statute), or section 1547.11 (Boating Under the Influence) of the Revised Code, as applicable."Section (B) states, "[w]hen collecting a blood sample, an aqueous solution of non-volatile antiseptic shall be used on the skin.  No alcohols shall be used as a skin antiseptic."  A good place to start your DUI investigation is the first blood draw.  We have garnered the help of a legal-nurse-practitioner to find instances where wounds could have...

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Ohio’s Prohibition Museum

Image by davepatten via FlickrFrom 1893 to 1933, the Anti-Saloon League was a major force in Ohio and American politics. Influencing the United States through the printed word and lobbying, it turned a moral crusade into a Constitutional amendment. The League left a legacy of printed material at a site bequeathed to the Westerville Public Library which houses the Anti-Saloon League Museum.The Anti-Saloon League Museum at the Westerville Public Library is open to the public Monday through Friday 9:00am-6:00pm and by appointment. Tours and presentations for groups can be scheduled. For more info visit their site at:...

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State v. Syx, 2010-Ohio-5880

In State v. Syx, 2010-Ohio-5880, Judge Fain wrote for a unanimous 2nd District Court of Appeals holding that: The Sixth Amendment Confrontation Clause provides that, "[I]n all criminal prosecutions, the accused shall enjoy the right *** to be confronted with the witnesses against him."  The United States Supreme Court has held that the right to confrontation is violated when an out-of-court statement, which is testimonial in nature, is admitted into evidence without the defendant having had the opportunity to cross-examine the declarant. Crawford v. Washinton (2004), 541 U.S. 36, 68, 124 S.Ct 1354, 158 L.Ed.2d 177. In this case, the defendant argued...

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Dayton Criminal Defense: Making Bail

When you are arrested in Ohio, the police have the discretion to release you or to hold you in a local jail. If you are released, you are given a court date and it is your responsibility to show up at the designated time and place so that your case can proceed.  Failure to do so will result in an arrest warrant being issued.  The time and place of your appearance appears at the bottom of your ticket.  There you will find the date and the address of the court  where your case will be heard.If you are held in jail,...

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Middletown DUI Checkpoint Tonight!

The Butler County OVI Task Force will conduct a low-manpower checkpoint on Ohio 4 in Middletown today.  The checkpoint will be open from 10 p.m. today until 4 a.m. Saturday, according to a release. “Officers and troopers will aggressively combat alcohol related crashes by combining the checkpoint with saturation patrols,” the release said.   If you find yourself in need of an attorney because you've been stopped at a checkpoint, CONTACT attorney Charles M. Rowland II at (937) 318-1DUI or 1-888-ROWLAND; you can also call us at our AFTER-HOURS DUI Hot-line (937) 776-2671.  You should also check out the articles...

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Breath Testing: A Synopsis of the Intoxilyzer 8000

The Intoxilyzer 8000 breath test machine uses the method of INFRARED ABSORPTION to analyze a breath sample.  Unlike the BAC DataMaster, the Intoxilyzer 8000 uses a pulsed Infrared light source.  The wavelength frequency is 3.4 and 9.4 microns for ethanol and other interfering substances.  The decrease in intensity of the infrared light due to absorption by alcohol in the breath sample is proportional to the amount of alcohol in the breath.  The sample chamber holds 29.4 cc's of deep lung air for the Intoxilyzer 8000's analysis.  The information most recently shared by the Ohio Department of Health indicates that the...

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Ohio’s Implied Consent Law

When you drive on Ohio's roadways you are assumed to have consented to a search of your blood, breath, plasma or urine if you are arrested pursuant to the Ohio Drunk Driving statute, R.C. 4511.19(A) or R.C. 4511.19(B).  Ohio Revised Code 4511.191(A)(2) is Ohio's Implied Consent Law.  It states, in pertinent part, "Any person who operates a vehicle, streetcar, or trackless trolley upon a highway or any public or private property used by the public for vehicular travel or parking within this state or who is in physical control of a vehicle, streetcar, or trackless trolley shall be deemed to have...

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DUI and Traffic Enforcement Initiative Announced

The Ohio State Highway Patrol announced an initiative that will last through the end of the year.  Troopers will "focus their attention on impaired and aggressive driving, as well as other high risk behaviors, such as driver inattention.  Troopers will also be committed to firm enforcement of safety belt and child restraint violations."    Citing an increase in traffic fatalities throughout the year, Patrol superintendent Colonel David W. Picken stated, "My troopers are going to be out there every day - doing everything they can - to try to reverse this upward trend."  Ohio has experienced an increase of 49 fatalities...

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Good Job Ohio! Safe Thanksgiving Driving Reported

Image via WikipediaCongratulations Ohio! The Ohio Dept. of Public Safety announced numbers showing accidents down, fewer fatalities and only three alcohol-related fatalities throughout the state (down from 10 last year).   Our hope here at Dayton DUI is that drivers are motivated to make good decisions about alcohol use and that a designated driver is used when necessary. Thanks to everyone who used their head to keep everyone else safe.  Here is the official release from the Ohio Department of Public Safety. COLUMBUS – Provisional numbers released today by the Ohio Department of Public Safety show fewer motorists were killed on...

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