18 January

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Service and Personal Jurisdiction in OVI Cases (by DaytonDUI)

In order to have personal service over a defendant in an OVI case, the court must be satisfied that the citation has been properly served pursuant to Ohio Traffic Rule 3(E). Toledo v. Williams, 1991 WL 3811 (Ohio Ct. App. 6th Dist. Lucas County 1991). Taffic Rule 3(E) requires that the officer who completes the complaint sign the ticket and serve the citation on the defendant. See City of Cleveland v. Trzebuckowski, 2002-Ohio-584 (Ohio Ct. App. 8th Dist. Cuyahoga County 2002), holding that the officer's printing of his name instead of signing in cursive was sufficient to have satisfied the...

10 January

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Butler County OVI Blitz This Friday and Saturday

Posted by Dayton DUI

in Ohio Counties

The Butler County OVI Task Force has announced that they will be conducting an "all-out" DUI blitz along Ohio 129 on Friday and Saturday night.Here is the full story as reported on WHIO-TV, BUTLER COUNTY — An upcoming OVI blitz by the Butler County OVI Task Force is designed to deter impaired drivers.Task force agents and the Ohio State Highway Patrol will saturate Ohio 129 in Butler County on Friday and Saturday. Additional officers will scour their jurisdictions for impaired drivers, according to a release.“This is our continued effort to make sure the roads are safe and there are no unnecessary tragedies...

13 December

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Judges To Consider Military Service At Sentencing

Posted by Dayton DUI

in Ohio Criminal Law

Ohio appears ready to pass a requirement that judges consider a persons' military service when deciding a sentence in a criminal case. Sub. S.B. 330, proposed by Senator Joe Schiavoni would apply to both misdemeanor and felony charges. "They have been through things that most of us haven't," Schiavoni said. "It's so, so important we consider that before they get thrown into jail and their problems aren't handled properly." Schiavoni says the bill has bipartisan support from both legislators and judges.Here is one version of the key language in the bill requiring consideration of military service at sentencing: (F) The sentencing court...

12 December

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MADD’s Legislative Agenda Moving Forward

Posted by Dayton DUI

in DUI Process

As we have long warned in this blog, MADD and its allies in government are working hard to implement harsh measures that will test every person who gets into a car without their consent for alcohol impairment. Yesterday, the National Transportation Safety Board has officially urged every state to "require all convicted drunken drivers, including first-time offenders, to use devices that prevent them from starting a car’s engine if their breath tests positive for small (non-impairing) levels of alcohol." This would require a legislative change in Ohio OVI law which now requires such devices only for multiple offenders.The board also urged...

10 December

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Is The Smell Of Alcohol Enough To Justify Field Sobriety Testing?

Posted by Dayton DUI

in DUI Law

Standardized Field Sobriety Tests: Is Smell Enough? Some Ohio courts have upheld determinations that the mere presence of a moderate to strong odor of alcohol, coupled with a proper initial stop, is sufficient to justify the administration of field sobriety tests. See, e.g., State v. Tackett, 2d Dist. No. 2011-CA-15, 2011-Ohio-6711 (“[t]his court has, however, repeatedly held that a strong odor of alcohol alone is sufficient to provide an officer with reasonable suspicion of criminal behavior”). See also State v. Schott, 2d Dist. No. 1415, 1997 Ohio App. LEXIS 2061 (May 16, 1997); State v. Haucke, 2d Dist. No. 99 CA...

07 December

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Driving and Drugs: Ohio’s Per Se Marijuana Law

Posted by Dayton DUI

in Drugs & Alcohol

Wondering if you can get charged with an OVI from Marijuana? While it is well established that alcohol consumption increases accident risk, evidence of marijuana's culpability in on-road driving accidents and injury is far less clear. Although acute cannabis intoxication following inhalation has been shown to mildly impair psychomotor skills, this impairment is seldom severe or long lasting. According to the US Department of Transportation, National Highway Traffic Safety Administration. State of Knowledge of Drugged Driving: FINAL REPORT. op. cit., "Experimental research on the effects of cannabis ...

04 December

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Arrested for OVI in Mason?

Posted by Dayton DUI

in Ohio Cities

Mason is the largest city in Warren County and home to both the Great Wolf Lodge indoor waterpark and Kings Island amusement park. If you are arrested on suspicion of OVI in Mason or Deerfield Township, your misdemeanor DUI case will be heard in the Mason Municipal Court. The Mason Municipal Court is located at 5950 Mason-Montgomery Rd, Mason, Ohio 45040 and you can reach the court at (513) 398-7901 or by fax at (513) 459-8085. The Honorable D. Andrew Batsche is the presiding Judge of the Mason Municipal Court. The Honorable Eddie Lawson serves as Chief Magistrate for the Court. The Court...

29 November

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The Montgomery County Jail (by Dayton DUI)

Posted by Dayton DUI

in Ohio Cities, Ohio Counties

The Montgomery County Jail, located at 330 W. Second St., in downtown Dayton, Ohio is a 900 bed facility serving multiple jurisdictions throughout Montgomery County including the Vandalia Municipal Court; Miamisburg Municipal Court; Kettering Municipal Court; Montgomery County Municipal Courts (Eastern and Western Divisions) and the Montgomery County Common Pleas Court. If you are arrested for DUI/OVI in any of these jurisdictions, you may be booked into the Montgomery County Jail. You can contact the jail at (937)225-4160 or visit the jail web site HERE. To check whether or not someone is incarcerated in the Montgomery County Jail, you can visit HERE.Bond...

21 November

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Effects Of An OVI Conviction (by DaytonDUI.com)

Posted by Dayton DUI

in Uncategorized

How does a DUI conviction affect you? A drunk driving charge can affect you in ways that you may not expect. Listed below are some of the more vexing issues associated with an Ohio DUI (OVI). 1. Child Custody - If you are involved in a custody dispute (or have a vindictive spouse who would like to start one), a DUI/OVI conviction can be used against you in domestic relations court. Automatic suspensions may make it difficult to exercise visitation with your children. You may also find a court who will refuse to let you transport the children due to a DUI/OVI conviction, thereby increasing the...

19 November

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Problems with the Intoxilyzer 8000

Posted by Dayton DUI

in DUI Process

If you have been charged with OVI (drunk driving) based on a test on the Inoxilyzer 8000, let Charles M. Rowland II defend your case. He was the first private attorney in Ohio to be certified as an operator of the Intoxilyzer 8000, he is Ohio's only Forensic Sobriety Assessment certified attorney, and he limits his practice to the defense of the drunk driver. Given the problems with the implementation of the Intoxilyzer 8000, you need an attorney who is up-to-date and on the cutting edge of DUI/OVI defense. What Are The Problems?The Intoxilyzer 8000, manufactured by CMI (out of Kentucky)...

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