23 June

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Good News for Dayton, Ohio

[caption id="" align="alignright" width="86" caption="Image via Wikipedia"][/caption]Good News: On June 24, upDayton released a report stating that Dayton has "enormous potential" in attracting and keeping talented young people due to the many universities in the region. The full report sets out what young professionals want in order to stay and spur innovation and economic growth. You can see the full report at UpDayton.com. The Dayton Daily News article on the study is available here: http://www.daytondailynews.com/news/dayton-news/dayton-area-has-enormous-potential-according-to-report-176639.html?cxtype=rss_local-news ...

11 June

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Wright Patterson Air Force Base DUI Patrols

Posted by Dayton DUI

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[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption]In San Bernardino County the California the Highway Patrol works with the U.S. Marines in conducting D.U.I. checkpoints. Can this happen in our pro-military suburbs surrounding Wright Patterson Air Force Base? The answer may lie in the Posse Comitatus Act of 1878, 8 U.S.C. § 1385 which makes it unconstitutional to use the United States military for law enforcement. Howver, recent changes make an expansive reading more likely. Section 1076 is titled "Use of the Armed Forces in major public emergencies". It provides that:'The President may employ...

08 June

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Interstate Driver License Compact

Posted by Dayton DUI

in DUI Law, DUI Process

The Interstate Driver License Compact is an agreement between 45 member states to exchange arrest information for certain traffic violations, including DUI. For example, if you are arrested in Ohio for DUI, Ohio will inform your home state. Your home state may take no action, immediate action or treat the offense as if it occurred in your home state for licensure purposes. The intended goal of the Compact was to prevent the occurrence of multiple driving records that were “hidden” from other states. Currently there are five states that are...

03 June

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Challenging the Breath Test (Part I)

Posted by Dayton DUI

in DUI Process

[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption]Ohio classifies DUI in two ways. The first offense 4511.19(A)(1)(a) is the old fashion notion that you are "under the influence" of alcohol or drugs. This definition is subject to expansion by the prosecution and is scrupulously narrowed by the defense. Other portions of the statute deal with "per se" violations, known as breath test cases (blowing over the limit). These two types of cases are very different and will be analyzed differently by competent DUI counsel.Ohio has judicially recognized rules and procedures to ensure the...

02 June

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Ohio Speed Limit Update

Posted by Dayton DUI

in DUI Law, DUI Process

Image by bredgur via FlickrSubject: Ohio H.B. 162-Speed limit to 70 mphOn Wednesday, June 3, 2009, The Ohio House Transportation and Infrastructure Committee will hold a second hearing for H.B. 162 that would raise the speed limit to 70 m.p.h. on Ohio's Interstates. The hearing will take place at 10:30 AM in Room 017 (in the basement of the Statehouse). The agenda states that the hearing is open to Proponents, Opponents, and Interested Parties.You can be sure that the government and insurance representatives will be there to claim the entire population of Ohio will...

28 May

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Ohio’s Wrongful Entrustment Law

Posted by Dayton DUI

in DUI Law, DUI Process

Ohio Court Strikes Down Wrongful Entrustment Charge: The Court of Appeals for the Twelfth District of Ohio last week struck down a "wrongful entrustment" ticket handed to a father who had allowed his son to borrow his Jeep. West Chester Township police were intent on collecting $500 plus court costs from John R. Tranovich because his son Mark's license was suspended on June 21, 2008 when the twenty-year-old took the vehicle. A trial court heard the case and imposed a suspended six-month jail sentence on the father. Ohio's wrongful entrustment law imposes harsh penalties that include the mandatory seizure of...

26 May

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Ohio’s Juvenile Justice System is Failing Kids

Posted by Dayton DUI

in Uncategorized

Image via WikipediaCOLUMBUS, OH – The Ohio juvenile justice system is failing the state's children by permitting children to be routinely shackled, mandating that children accused of certain crimes be charged as adults and by not ensuring that all children accused of crimes get lawyers.The findings, detailed in a report card released today, are the result of an investigation by the American Civil Liberties Union, the ACLU of Ohio, the Children's Law Center, Inc. and the Office of the Ohio Public Defender. The investigation has also revealed that Ohio detains and incarcerates a greater percentage of its children than most...

19 May

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Ohio Amongst Worst States for Motorists

Posted by Dayton DUI

in Uncategorized

Source: National Motorists Association (www.motorists.com)With the first major driving holiday of the summer season approaching, we have analyzed the laws across the country to determine the best and the worst states when it comes to exploiting the motoring public. These state rankings were calculated using seventeen criteria related to specific traffic laws, enforcement practices, and the treatment of traffic ticket defendants. The rankings are designed to provide guidance to travelers who do not want their vacation ruined by speed traps, arcane laws or “kangaroo” traffic courts.The state most likely to find its way into your wallet is New Jersey. With...

19 May

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Darke County & Greenville DUI Information (from www.greenvilleDUI.com)

Posted by Dayton DUI

in Ohio Counties

Welcome to GreenvilleDUI.com. This site was developed to provide practical information regarding Greenville and Darke County's tough drunk driving law. Here you will find information on DUI (now called OVI) law in the Darke County Municipal Court and in the Darke County Common Pleas Court. 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!The Darke County Courthouse is located at 504 South Broadway, Greenville, Ohio...

30 April

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Chillicothe, Ohio Anti-Camera Petition Succeeds

Posted by Dayton DUI

in Ohio Counties

[caption id="" align="alignright" width="300" caption="Chillicothe, Ross County, Ohio"][/caption]Activists in Chillicothe, Ohio obtained more than double the number of signatures required to call a vote to ban red light and speed cameras. A third city in Ohio is poised to ban the use of photo enforcement. The Chillicothe group Citizens Against Photo Enforcement (CAPE) announced Thursday that it had submitted more than double the number of signatures required to give voters in November the choice of banning both speed cameras and red light cameras (view initiative text)."CAPE is against the red light cameras because they...

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