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operating a vehicle impaired Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "operating a vehicle impaired"

OVI & Your Brain: Who Cares About Impairment?

More Faulty OVI Breath Test Assumptions One of the faulty assumptions underlying OVI evidential breath testing is the assumption that the tests are measuring the ability of alcohol to impair your brain.  They do not.  The breath test for OVI does not care how, or even if, the alcohol is impairing your brain only that it is in your breath via your lungs via your blood.  The machines do not test venous blood but arterial blood utilizing the scientific principle of Henry’s Law.  As alcohol can be at different rates throughout your body, the machine is not measuring impairment.During peak absorption...

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Dayton DUI (At Your Service)

Here are links to the various platforms and free services we at DaytonDUI offer. The Ohio DUI BlogThe DaytonDUI Android AppThe DaytonDUI Free OVI Checkpoint AlertsFacebookTwitter (@DaytonDUI)DaytonDUI on Google+DaytonDUI's YouTube ChannelTumblrPintrest Ohio DUI/OVI Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671.  You can have DaytonDUI at your fingertips by...

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Ohio DUI Laws: An Overview

This post collects together in one place many of the Ohio DUI Laws that arise in drunk driving cases.   Some Ohio DUI laws are listed because law enforcement will charge these offenses to establish probable cause for pulling over your vehicle.  If you need to find out more about a specific law, or how the statute has been interpreted or applied, call Charles M. Rowland II at (937) 318-1384 or read about the specific Ohio DUI law at the Ohio DUI Law Blog.Operating a Vehicle Impaired (OVI); O.R.C. 4511.19 This is Ohio's drunk driving statute (Ohio's DUI law).  It is a...

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Community Control (Probation) in an OVI Case

If you are charged with a DUI (now called OVI; operating a vehicle impaired) chances are you will be placed on probation at the disposition of your case. Probation is now called "community control" and provides for terms and conditions you must comply with in order not to go to jail.  Probation requires you to work with a "probation officer" (P.O.) for a given period of time as set by the court.  A common misconception is that the probation officer will actively work against you in an effort to return you to jail.  Most of the time, the probation officer is working to make...

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OVI In The Dayton Municipal Court

If you are arrested for OVI in the City of Dayton, your misdemeanor DUI case will be heard in the Dayton Municipal Court. The Dayton Municipal Court is located at 301 West Third Street Dayton, Ohio 45402.  You can visit the Dayton Municipal Court’s website at:www.DaytonMunicipalCourt.org. Office hours for the Clerk of Court are 8:00 a.m. to 4:30 p.m., Monday through Friday, excluding holidays, for the acceptance of case filings and payments. Parking, Traffic and Criminal payments can also be paid online at www.PayMyFine.org.  A full list of contact numbers is available on the Court’s website and the Clerk can be reached at (937)...

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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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Aggravated Vehicular Homicide, O.R.C. 2903.06

Aggravated Vehicular Homicide, O.R.C. 2903.06,  is a crime that results from the death of another caused by the defendant's operating a vehicle while impaired (a violation of R.C. 4511.19)  or while driving negligently or recklessly.  The statute  encompasses driving an automobile recklessly or negligently (called Vehicular homicide) whether or not alcohol played a part in the death.  Often, defendants are indicted for multiple counts, with additional counts for each victim of the accident.Under the reckless section of the statute you will be found guilty of a third degree felony which rises to a second degree felony if the driver is...

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Arrested for OVI in Oxford, Ohio? (by Dayton DUI)

The Butler County Area I Court is located at 118 West High Street Oxford, OH 45056 (513) 523-4748 and serves the communities of Oxford, Ohio and Miami University.  Often referred to as the Oxford Municipal Court, the Area One Court is presided over by the Honorable Robert H. Lyons.  Judge Lyons was appointed to the bench, and began presiding over affairs of the Butler County Area I on February 8, 1999. He was re-elected in 2006 for his second term to serve until January 2013.  The territorial jurisdiction of the Area I Court includes the City of Oxford and all of Milford, Morgan,...

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Montgomery County Municipal Court (by Dayton DUI)

On September 8, 2010, Montgomery County Area One and Area Two Courts officially became the Montgomery County Municipal Court.  There will be two divisions of the Montgomery County Municipal Court, a Western Division located in New Lebanon at 195 S. Clayton Rd., New Lebanon, Ohio 45345, and an Eastern Division located in Huber Heights at 6111 Taylorsville Rd., Huber Heights, Ohio 45424.   Many people refer to the Montgomery County Municipal Court (Eastern Division) as the Huber Heights Municipal Court, but the court’s jurisdiction is larger, covering regions in north-east Montgomery County including the city of Riverside, Ohio.  The Judges serving the Montgomery County Municipal Court (Eastern Division) are the Honorable James D....

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Fight Your Marked Lanes Violations, O.R.C. 4511.33 (by Dayton DUI)

The National Highway Traffic Safety Administration (NHTSA) has developed a guide for detecting drunk drivers.  In that guide, NHTSA identifies 24 "clues" that potentially impaired drivers exhibit.  Many of those "clues" relate to the driver's ability to maintain proper lane position.  Your attorney should aggressively defend your driving and point out to a judge or jury other possible causes of weaving such as: texting, eating, telephone calls, conversations with other passengers, changing the radio station, stretching, or fatigue may account for the driving.Your DUI defense lawyer should also be prepared to argue that your weaving may not violate Ohio law. ...

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