19 September

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Administrative License Suspension (by DaytonDUI)

If you are stopped for an OVI, DUI or drunk driving and you refuse to take a chemical test (breath, blood or urine), or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC), the police officer can and will take your driver's license on the spot causing your drivers license to be suspended immediately. This pre-conviction suspension is called the ADMINISTRATIVE LICENSE SUSPENSION. The ALS is a suspension imposed by the Ohio Bureau of Motor Vehicles and not a suspension imposed by the court. For many the days following a drunk driving arrest are the hardest to...

17 September

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Proof Beyond All Reasonable Doubt And Other Closing Arguments (by DaytonDUI)

Posted by Dayton DUI

in DUI Law

Imagine that you woke up with a sore throat. It persists throughout the day and into the next. As the week drags on you feel worse and worse and your wife demands that you go to the doctor. You hate doctors, but you feel so lousy that you agree to get your throat checked out. When you arrive you fill out the requisite forms and wait longer than you feel is necessary. Just as you are nearing your boiling point a nurse calls your name and leads you into a small room. You tell her that you've had a sore...

13 September

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5th District Upholds Sobriety Checkpoint (by DaytonDUI)

Posted by Dayton DUI

in Checkpoints, DUI Law

In the recent case of State v. Park, 2012-Ohio-4069, the 5th District Court of Appeals sided with troopers in their administration of a sobriety checkpoint. The Court found against Defendant’s Karen Parks claim that she was wrongfully stopped at a Licking County sobriety checkpoint because the troopers lacked reasonable suspicion of criminal activity and did not properly administer the stop. The Defendant alleged that the troopers adjusted how many vehicles they stopped depending on the traffic in violation of their posted procedures. “Based upon the high volume of traffic, the troopers stopped every third vehicle, but when the traffic decreased,...

10 September

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Illegal Police Stops (by DaytonDUI)

Posted by Dayton DUI

in DUI Law

Protecting You From Illegal Police Stops! The Fourth Amendment of the United States Constitution protects you against unreasonable searches and seizures, which includes being unlawfully or illegally pulled over or stopped by law enforcement. An officer cannot simply pull you over based on a hunch or intuition. When a police officer observes a traffic violation, he or she is justified in initiating a limited stop for the purpose of issuing a citation. State v. Brickman(2001), 11th Dist. No. 2000-P-oo58, 2001 Ohio App. LEXIS 2575. The legal standard applied to traffic stops is reasonable and articulable suspicion, which means that the officer has reason to...

31 August

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Clark County OVI Checkpoint (8/31/12)

Posted by Dayton DUI

in Checkpoints

There will be an OVI sobriety checkpoint tonight in Clark County, Ohio beginning at 4:00 pm at 1901 Buck Creek Lane in the Buck Creek State Park. News stories do not give an end time for the checkpoint. The DUI checkpoint will be conducted by the Clark County OVI Task Force. The Clark County OVI Task Force is made up of the Clark County Combined Health District, Springfield Police Division, Clark County Sheriff’s Office, the Ohio Highway Patrol, the Ohio Department of Transportation, Clark County EMA, Springfield Fire and Rescue Box 27, Ohio Investigative Unit and police departments in North Hampton, Enon, South Charleston, Tremont City and German...

29 August

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DaytonDUI And The Continuing Problems With the Intoxilyzer 8000

Posted by Dayton DUI

in DUI Process

The implementation of the Intoxilyzer 8000 continues to be an embarrassment to all Ohioans. Not only is the machine rife with problems, but the Ohio Department of Health has botched both the writing of the rules of implementation. Now they plan on shutting down the key component of the Intoxilyzer 8000 scheme, the Breath Instrument On-line Database. The shutdown is due to complications, missing tests and disappearing data. This raises the question as to how the Ohio Department of Health will prove that they maintain three (3) years of data/subject tests as required by law. Likewise, they are unable to...

18 August

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Sobriety Checkpoint In Dayton Tonight (August 18th)

Posted by Dayton DUI

in Checkpoints

There will be an OVI checkpoint tonight in downtown Dayton, Montgomery County along Salem Avenue near Hillcrest. The checkpoint will be in operation from approximately 9 p.m. until 1 a.m. This checkpoint is being conducted in conjunction with the Ohio State Highway Patrol and local jurisdictions. In addition to the checkpoints, there will be ongoing saturation patrols in surrounding areas. Franklin County wil a checkpoint is planned between 9 p.m. and 1 a.m. on Alum Creek Drive south of Williams Road in Obetz. In Scioto County, a checkpoint is planned on U.S. 52 at the S.R. 335 exit between 9 p.m....

17 August

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Multiple OVI Checkpoints Planned for August 17th-19th

Posted by Dayton DUI

in Checkpoints

"Drive Sober or Get Pulled Over" is being launched with multiple OVI checkpoints this weekend. There will be multiple checkpoints tonight (August 17th) and tomorrow (August 18th) throughout the Miami Valley. Please check back at this post as we will update all of our information as it becomes available. Montgomery County: Montgomery County will hold one of two planned checkpoints on Friday. The checkpoint will take place on Wayne Avenue and will operate from 9 p.m. until approximately 1:00 a.m.Kettering, Ohio: Kettering has announced that it will be using enhanced enforcement techniques for DUI enforcement leading up to and throughout the...

14 August

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DUI and Teachers

Posted by Dayton DUI

in Uncategorized

I have to admit to having a great admiration for teachers, school administrators, and school employees. This admiration lead me to serve two terms on the Beavercreek School Board and it also motivates me to fight hard on behalf of those in the education profession who face a career-killing OVI offense. Being arrested on suspicion of driving while intoxicated is a threat to anyone’s livelihood, but it can have a devastating impact on teachers and administrators. TEACHERS AND EDUCATION MAJORS First the good news, usually an OVI arrest will usually not result in disciplinary action – BUT IT CAN! In Ohio, a...

22 June

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Middletown OVI Checkpoint (6/22/12)

Posted by Dayton DUI

in Checkpoints, News, Uncategorized

The Butler County OVI Task Force will conduct an OVI checkpoint along Ohio 122 in Middletown. The checkpoint will be held from 10 p.m. Friday until 4 a.m. Saturday morning. The checkpoint will be accompanied by aggressive saturation patrols.If 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...

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