25 February

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OVI Blood Test Defense: Microbial Contamination

Blood cases present the opportunity for multiple scientific defenses, but only if we recognize them and present them in a coherent manner before our judges. Many of these scientific defenses can arise from problems in the blood draw. If the blood draw is flawed microorganisms may contaminate the blood sample. If this happens sugars (natrually present in the blood) can be converted into ethanol, resulting in a fasley high test. Candida albicans is a yeast that lives on just about everything and is resistant to most preservatives. In Lakatuka, D.J., “The Effect of Microbial Contamination of the Blood Sample on the Determination...

20 February

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Driving Privileges: Can A Court Prevent Me From Drinking?

Posted by Dayton DUI

in DUI Law

A trial court is vested with a great amount of discretion in issuing limited driving privileges under an Administrative License Suspension. A court may require, as a condition of allowing you to have pre-trial limited driving privileges, that you abstain from the use of alcohol. The issuing court also has the discretion to order you to put bright yellow, shame-plates on your car and can order you to wear a transdermal alcohol detection unit (commonly called the S.C.R.A.M., "Secure Continuous Remote Alcohol Monitor"). What is more, the court will make you pay for the installation and monitoring of the device....

15 February

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Defending The Accusation Of Slurred Speech (by DaytonDUI)

Posted by Dayton DUI

in DUI Law

A very common observation by law enforcement in an impaired driving investigation is the presence of "slurred speech." Experience trial counsel will look to the totality of evidence to combat the damning accusation of slurred speech.Many traffic stops are now captured on video tape. As the quality of the recordings has improved we are often able to hear exactly what the officer is hearing. Reasonable people can disagree as to whether or not the speech on a video is "slurred" and whether or not it was fair for the officer to describe the speech as slurred. Another, more subtle method...

14 February

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Miamisburg OVI Attorney

Posted by Dayton DUI

in Ohio Cities

Miamisburg OVI? Start Here. If you are arrested on suspicion of OVI (drunk driving) in Miamisburg, West Carrollton,Germantown, German Township or Miami Township, your misdemeanor DUI case will be heard in the Miamisburg Municipal Court. The Honorable Robert W. Rettich III was elected the Miamisburg Municipal Court judge in the general election on November 8, 2011. He was sworn into office on December 30, 2011. The Court is served by Magistrate Margaret Quinn and Chief Bailiff Kirk J. Bell. The Miamisburg Municipal Court, located at 10 N. First Street, Miamisburg, Ohio 45342, serves a population of over 80,000 and handles in excess of 15,000 cases per year. The court is open Monday...

07 February

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Aggravated Vehicular Homicide, O.R.C. 2903.06

Posted by Dayton DUI

in DUI Law

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...

29 January

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Springfield, Ohio OVI Attorney

Posted by Dayton DUI

in Ohio Cities, Ohio Counties

If you have been arrested for OVI in Springfield, Ohio, your misdemeanor OVI case will be heard in the Clark County Municipal Court. If you need to find information about a case in theClark County Municipal Court you can search HERE for case information/case look-up, or visit the court’s web site HERE.Charles M. Rowland II has represented the accused drunk driver in Springfield and the Clark County Municipal Court for over fifteen years. Charles Rowland dedicates his practice to OVI law and has some of the most impressive credentials for OVI attorneys in the state of Ohio. If you find yourself in need of criminal representation in the Clark County Municipal Court, contactSpringfield DUI Attorney Charles M. Rowland II today! You...

28 January

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The Problems With Portable Breath Tests (by DaytonDUI)

Posted by Dayton DUI

in DUI Law, DUI Process

In possibly the best article you will ever read on portable breath testing, DUI attorneys Justin McShane and Josh Lee describe the portable breath test devises which are used by the Ohio State Highway Patrol as a "potentially dangerous, non-specific and non-selective measures at roadside." You can find the article HERE and in the Voice for the Defense. The Problems of Fuel Cell Devices1.1. Lack of Specificity20 for EthanolAs PBTs are used for purportedly forensic purposes, their specificity for ethanol becomes a critical factor. The electrochemical detector is not specific for ethanol.21 Indeed, there is “much evidence to show” they are actually not...

25 January

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ALS Appeal: Refusal or Obstruction? (by Dayton DUI)

Posted by Dayton DUI

in Uncategorized

Often, our clients will tell us that they could not produce a sufficient sample for the requested chemical test. "I kept trying, but I just could not blow long enough to satisfy the officer." If they hope that this information will prevent the imposition of an Administrative License Suspension, they may be disappointed. Ohio DUI law sets a high bar for overcoming the presumption that law enforcement was not at fault for your failure.The validity of a refusal based on physical incapacity to submit a sample requires a factual finding by the court in favor of the accused. Wilder v....

24 January

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Why Was I Charged With Two OVI Offenses?

Posted by Dayton DUI

in Uncategorized

There are two ways to be charged with OVI (drunk driving) in Ohio. Often, both are charged for reasons that will be addressed shortly. First, let's explore what the two charges mean."Per Se" Offenses: per se is a latin phrase meaning "in itself." It is also a legal term of art defined in Black's Law Dictionary as "taken alone...

22 January

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Arrested for OVI in Lebanon, Ohio?

Posted by Dayton DUI

in Ohio Cities, Ohio Counties

Arrested for OVI in Lebanon, Ohio?The Lebanon Municipal Court is located at 50 South Broadway in downtown Lebanon, across from the historic Golden Lamb restaurant. The Lebanon Municipal Court serves the City of Lebanon and Turtlecreek Township. The Court is open Monday through Friday from 8:00 a.m. to 4:00 p.m. and can be reached by phone at (513) 933-7210 or fax at (513) 933-7212. If you are arrested for an OVI offense in Lebanon or Turtlecreek Township your case will be heard by the honorable Mark R. Bogen. Charles M. Rowland II regularly appears in the Lebanon Municipal Court and can help you with your...

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