02 August

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Ohio DUI Law And The Portable Breath Test

In State v. Shuler , 168 Ohio App.3d 183, 2006-Ohio-4336, the Ohio Supreme Court took up the issue of whether a portable breath test device (hereinafter 'PBT') can be used as evidence in a drunk driving prosecution. The court found that, PBT devices are not among those instruments listed in Ohio Adm.Code 3701-53-02 as approved evidential breath-testing instruments for determining the concentration of alcohol in the breath of individuals potentially in violation of R.C. 4511.19. PBT results are considered inherently unreliable because they “may register an inaccurate percentage of alcohol present in the breath, and may also be inaccurate as to...

26 July

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OVI Checkpoints: The Reason To Get Rid Of Checkpoints & Cameras

Posted by Dayton DUI

in DUI Law

The Reason to Get Rid of OVI Checkpoints & Cameras? Glad You Asked. In his book Why People Obey The Law, legal scholar Tom Tyler argues that compliance with the law has less to do with deterrence (fear of penalty) than with the rational decision that complying with the law is in a person's self-interest. More important to their compliance is the decision that following the law is the right thing to do. Having the biggest impact on their perception of the law is the belief in the legitimacy of the authority. "People who go to traffic court are less concerned...

12 July

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OVI Checkpoint in Wilmington (Clinton County) & Cincinnati

Posted by Dayton DUI

in Checkpoints

There will be an OVI checkpoint tonight in Wilmington at US-68 near SR-134, 7 p.m. to 9 p.m. There will be another at US-22 near Progress Road, 10 p.m. to 12 a.m. Troopers will also conduct aggressive saturation patrols in the area. In Cincinnati an OVI checkpoint will operate in the 2700 block of River Road, from 9 p.m. to 1 a.m.There will be an OVI checkpoint in Monroe at Cincinnati-Dayton Road near Todhunter Road from 8:30 p.m. until 1:30 a.m. If you want to receive updated information on OVI checkpoints, enhanced traffic enforcement, saturation patrols and other important developments that affect you, sign up for text alerts on the...

11 July

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OVI Case Law Update: State v. McMahon

Posted by Dayton DUI

in DUI Law, DUI Process

In State v. McMahon, 12TRC-34824B, the city of Cincinnati appealed a ruling which granted a motion to suppress. The trial court suppressed the results of McMahon’s breath test after determining that the director of health had not promulgated the necessary requirements under R.C. 3701.143 for obtaining the access card required for operation of an Intoxilyzer 8000 machine.The issue for appeal was whether the trial court correctly found that the director of health had failed to promulgate the qualifications required for the issuance of an access card to those seeking to operate an Intoxilyzer 8000 machine. Pursuant to R.C. 3701.143, the director...

08 July

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Alcohol’s Impact On Motorcycle Operation

Posted by Dayton DUI

in Uncategorized

It is harder to control a motorcycle than it is to drive a car. The motorcycle requires a need for greater coordination and balance. Motorcycle accidents also carries a considerably greater risk of injury or death. An assessment of operating performance of experienced motorcyclists using a motorcycle simulator reveal positive correlations between potentially fatal errors and breath alcohol levels well below the then-accepted legal limit of intoxication of 0.10 g/dL (Colburn et al., 1993). Performance decrements were noted as BAC increased from 0.038-0.059 g/dL (Robinson et al., 1990).Motorcyclists drink at a higher percentage than car/truck drivers, but the motorcycle operators...

28 June

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Ohio’s First Post-McNeeley Blood Draw Case

Posted by Dayton DUI

in DUI Law, DUI Process

In State v. Hollis, 2013-Ohio-2586, the Fifth Appellate District was faced with an appeal of a decision from the Richland County Common Pleas Court. The case was the first forced blood draw decision following the United States Supreme Court ruling in Missouri v. McNeeley, which held "that in drunk-driving inves- tigations, the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant. The decision of the court used the previous rules for exigent circumstances as set forth in Schmerber v. California and does not address or rely upon...

24 June

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OVI Law: You Don’t Need A Turn Signal When Going Straight

Posted by Dayton DUI

in DUI Law, DUI Process

Ohio v. Paseka, 2013-Ohio-2362On December 29, 2011, Cory Paseka was traveling westbound on Lima-Sandusky Road in Erie County when he came to a fork in the road. He continued straight on Lima-Sandusky Road and did not veer to the left which would have put him on Wahl Road. An officer proceeded to stop Paseka for a violation of O.R.C. 4511.39 (failure to use a turn signal) which states,"No person shall turn a vehicle...

22 May

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Dayton DUI Answers The Question, “Should I Blow?”

Posted by Dayton DUI

in DUI Process

To blow or not to blow, that is the question. DUI attorney explains how the Breathe test affects your case in this video and whether to blow or not to blow. Unfortunately, the answer is "maybe" and involves a very complicated investigation of the facts of your case and your personal history. You should NEVER refuse the test without understanding how a refusal would affect YOU. No attorney can know all of the circumstances of your arrest and your personal history, always ask to speak to an attorney when making this decision.Can you answer "TRUE" to ALL of the following questions? If so,...

09 May

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Pay On-Line At The Fairborn Municipal Court

Posted by Dayton DUI

in Ohio Cities, Ohio Counties

Did you know that you can pay your fines on-line at the Fairborn Municipal Court?Listed below is information taken from the Fairborn Municipal Court website regarding on-line payments. If you have any questions about this process, or you find yourself facing an OVI charge in the Fairborn Municipal Court, please contact Charles M. Rowland II at (937) 318-1384 or 1-888-769-5263 [888-ROWLAND]. Payment of Citation Without Court Appearance (Waivers) Ohio law allows certain traffic citations to be resolved by a Traffic Violations Bureau instead of appearing in Court. If your citation qualifies, payment can be made either in person, by mail, or now...

07 May

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DUI in Dayton, Ohio? Your Case Will Be Heard In The Dayton Municipal Court

Posted by Dayton DUI

in Ohio Cities, Ohio Counties

If you are arrested on suspicion of drunk driving 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 8:00am to 4:30pm, 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...

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