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Dayton DUI Attorney Charles Rowland > Posts tagged "omvi"

OVI or DUI (Which is right?)

The current version of Ohio's impaired driving law is O.R.C. 4511.19, is entitled "Operating vehicle under the influence of alcohol or drugs - OVI."  This is the same offense which is also known as DUI (driving under the influence), OMVI (operating a vehicle impaired), DWI (driving while intoxicated) or drunk driving.  The Ohio General Assembly changed the acronym to connote the broadening of the law from simply alcohol impairment to any drug (or condition?) which may impair.  The term "operate" also has a broader definition than that of "driving."  For example, if a driver is found behind the wheel of...

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DaytonDUI Provides Free Text Alert Service (Sign Up!)

Dedicated To Customer ServiceIf you want to receive updated information on sobriety checkpoints,  enhanced traffic enforcement, saturation patrols and other important developments that affect you, sign up for text alerts on the main page of this blog.  Text alerts will be sent directly to your mobile device/smartphone in the location you choose in the Miami Valley.  In the past month we have alerted our followers to the State Route 35 traffic initiative and three local sobriety checkpoints.  You should also know that we respect your trust and we will never send you irrelevant information and/or advertisements.  This service is free...

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Standardization Vital to Validity of Field Tests

The Importance of Standardization The validity of Standardized Field Sobriety Tests results is dependent upon practitioners following the established, standardized procedures for test administration and scoring. NHTSA's SFST Student Manual states that the procedures demonstrated in the training program describe how SFSTs should be administered under ideal conditions, but that ideal conditions do not always exist in the field. Variations from ideal conditions, and deviations from the standardized procedures, might affect the evidentiary weight that should be given to test results.Courts in several states have reviewed the admissibility of field sobriety tests that assess physical coordination and have held that deviations in the...

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Ohio DUI Law: Random Plate Checks

A driver has no reasonable expectation of privacy in a license plate number since it must be openly displayed under O.R.C. 4503.21.  In State v. Bates, 1987 WL 15817 (Ohio Ct. App. 9th Dist. Medina County) (1987), the 9th District Court of Appeals held that information obtained by an officer who "runs your license plate" may provide reasonable suspicion" to justify a traffic stop.  See also, Rocky River v. Saleh, 139 Ohio App.3d 313, 743 N. E. 2d 944 (8th Dist. Cuyahoga County 2000).  The Bates Court held that although a random vehicle stop without  reasonable suspicion of criminal...

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Why do you defend drunk drivers?

[caption id="" align="alignright" width="210" caption="Image via Wikipedia"][/caption]No one supports a driver's decision to get behind the wheel after excessively consuming alcohol.  When my family drives down the road, they are  in as much danger as you are from the harm caused by a drunk driver.  As an attorney, however, I have an obligation to assure that the rights of people are protected from the misuse of "science" in an overly zealous pursuit of a laudable public goal.  There are serious flaws in the administration and evaluation of the standardized field sobriety tests and the evidential breath testing protocol adopted by...

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OVI and Nursing

[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption]This is an excellent article that appears on Nursing Law & Order, a blog from RN-JD LaTonia Denise Wright.  Her web site is www.Nursing-Jurisprudence.com.  NURSES BE WARNED!"Its just a DUI." Its nursing license renewal time in Ohio, Kentucky, and Indiana and this blog is popping up in searches related to DUI and nurses and criminal convictions and license renewal for Ohio, Kentucky, and Indiana.Don't be offended but I have to keep it real on this blog; nurse license renewal time is like Christmas time without the snow at my law firm. This isn't legal advice but...

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Ohio Out-of-State DUI Issues

[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption] Dayton DUI Defense Attorney Can Represent Your Out-of State DUI States use two reporting systems to share information about a DUI arrest.  The Non-Resident Violator Compact (NVRC) is a group of states that share information about an out-of-state DUI arrest.  Other states belong to the Inter-State Driver's License Compact, which operates to share information so that you have one driving record for all offenses no matter where the offense occurred.  Ohio joined the NVRC in 1985 and the Inter-State Compact in 1987. The Interstate Compact is a multi-state agreement between participating states to share...

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Ohio’s Definition of an ‘Alcoholic’

[caption id="" align="alignright" width="108" caption="Image via Wikipedia"][/caption]Ohio Denies a License to Persons Defined as Alcoholics In 1996, Ohio amended Ohio Administrative Code 4501:1-1-16(A) to define an "alcoholic" as  one who meets the following criteria: (1) Is convicted three or more times within the immediately preceding three-year period of division (A) of section 4511.19 of the Revised Code or of a substantially similar municipal ordinance or of a statute of another state or of the United States; or(2) Is convicted three or more times within a three-year period of any traffic violation where from the evidence presented, the trier of fact finds that...

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What are the standardized field sobriety tests?

Image via WikipediaThe standardized field sobriety tests consist of a three-test battery which includes a check of your eyes (called the horizontal gaze nystagmus test, or HGN), and two tests of your coordination, balance, stamina and memory called the one-leg stand test and the walk and turn test.  Officers use these tests to establish probable cause for a drunk driving arrest. The tests are set forth in the National Highway Transportation Safety Administration manual, which is used to train law enforcement in administering the tests.  The DUI defense team of Charles M. Rowland II not only has...

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Sobriety Checkpoint in Dayton, Ohio (5/21/10)

SOBRIETY CHECKPOINT TONIGHT: The Combined Agency OVI Task Force of Montgomery County and the Dayton Police will operate a sobriety checkpoint tonight from 9:30pm-2:00am at North Gettysburg Dr. in Dayton. Please designate a driver and be safe. If you find yourself in need of an aggressive DUI/OVI attorney to fight your drunk driving charge, call Charles M. Rowland II at 937-318-1DUI or 1-888-ROWLAND; for immediate help text DaytonDUI (one word) to 50500.  To find out more about the services of Charles M. Rowland II, visit www.DaytonDUI.com....

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