a

Facebook

Twitter

Copyright 2019 Dayton DUI.
All Rights Reserved.

9:00 - 17:00

Our Opening Hours Mon. - Fri.

Facebook

Twitter

Search
OVI Menu
 

ovi laws Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "ovi laws" (Page 3)

Ohio Revised Code 4511.194, Physical Control

Ohio Revised Code section 4511.194 defines the crime of “Physical Control.” The crime of "Physical Control" involves being in physical control of a vehicle while under the influence of alcohol or a drug of abuse.  This definition means that you do not have to be driving or operating the car.  If a person is in the driver’s position of the front seat of a vehicle, or in the driver’s position of a streetcar, or trackless trolley and having possession of the vehicle’s, streetcar’s or trackless trolley’s key, or other ignition device that person is in “physical control” of the vehicle.  See...

Continue reading

Are the Standardized Field Sobriety Tests Fair to Fatter People?

Being overweight can impact your performance on the standardized field sobriety tests.  The government agency tasked with verifying the validity of the standardized field sobriety tests is the National Highway Traffic Safety Administration (hereinafter NHTSA).  NHTSA concedes that being fifty or more pounds overweight affects performance on the one-leg stand test; a test requiring the suspect to raise a foot off the ground and stand on one foot for 30 seconds. See NHTSA, DWI Detection and Standardized Field Sobriety Testing, Participant's Manual (2006), re: WAT at VIII-11, re: OLS at VIII-13. Id. re: 50 lbs at VIII-13.  In older versions...

Continue reading

Clark County OVI Checkpoint Tonight! (Sept. 14, 2012)

The Clark County OVI Task Force will conduct a sobriety checkpoint to deter, and intercept drunk drivers.  The checkpoint will be held on Friday September 14, 2012.   The location will be at 830 N. Limestone St. Springfield, starting at 9:00 p.m. in the evening.Butler County Sobriety Checkpoint: The Ohio State Highway Patrol will conduct an OVI checkpoint Friday, Sept, 14. It will happen on State Route 4 near milepost 3, in Butler County. It's being conducted in conjunction with the Fairfield Police Department and the Butler County OVI Task Force.If you want to receive updated information on sobriety checkpoints,  enhanced...

Continue reading

What Constitutes a Felony DUI in Ohio?

Ohio has enacted two “look-back” statutes which enhance the penalties for a DUI; a six year look-back and a twenty year look-back.  This post will focus on when a DUI becomes a felony.  For a complete list of penalties for DUI offenses check out my previous article OHIO OVI PENALTIES.Six Year Look-BackIf you receive a second DUI six years from the conviction date of your first DUI, the penalties are enhanced.  Both a first and second DUI within a six year period are first degree misdemeanors which carry a maximum fine of $1,075.00 and a maximum incarceration of six (6)...

Continue reading

DaytonDUI and the Cowboy Code of Conduct

I came across this "Code of the West" some years ago.  It has been a constant source of guidance in both my personal and professional dealings.  Attorneys could do worse than to live by this code in our profession and our dealings with clients.Code of the West (from "Cowboy Ethics: What Wall Street Can Learn from the Code of the West" by James P. Owen) Live each day with courage. Take pride in your work. Always finish what you start. Do what has to be done. Be tough, but fair. When you make a promise, keep it. Ride for the brand. Talk less and say more. Remember that some things aren't...

Continue reading

Sobriety Checkpoint In Dayton Tonight (August 18th)

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....

Continue reading

Dayton DUI Announces Labor Day DUI Effort

The Montgomery County OVI Task Force announced that DUI enforcement will be stepped up for the Labor Day holiday.  "Drive Sober or Get Pulled Over," a nation-wide impaired driving crackdown will begin August 17 and will last until September 7th.  The crackdown will include OVI checkpoints, high visibility enforcement, saturation patrols and a national advertising campaign.  Major John Dipietro of the Montgomery County Combined Agency OVI Task Force announced two sobriety checkpoints in Montgomery County this weekend.   For more information, visit the “Drive Sober or Get Pulled Over” Campaign Headquarters atwww.nhtsa.gov/drivesober.DUI attorney Charles M. Rowland II dedicates his practice to defending...

Continue reading

Defending An OVI: The Hematocrit Defense

How bloody is your blood?  To answer this question we look at your hematocrit.  The hematocrit is the number expressing the cell volume of blood (the size and number of red blood cells in proportion to the rest of the blood).  As humans, we all have a natural variation in our hematocrit.  Healthy men have a natural variance from 40.7% to 50% and healthy women have a natural variance from 36.1% to 44.3%.  The hematocrit level is a moving target.  Illness, hydration and stress can cause variations in the hematocrit level. The hematocrit level affects all breath tests by governing how...

Continue reading

MADD Fights For DADDS Technology Study In Senate Transportation Bill

In a great article in Politico, Kathryn Wolfe describes the fight brewing between MADD and the opponents of their latest prohibition technology - DADDS.  MADD has been working with major insurance companies and automobile manufacturers to get a passive alcohol system (called DADDS) as mandated equipment in every automobile in the world.  In 2008, at MADD’s urging, the Automotive Coalition for Traffic Safety entered into a $10 million agreement with the federal government to develop such a technology. This system would  search every driver (not just convicted DUI offenders) every single time they started their car.  This year, MADD's power as...

Continue reading

St. Patrick’s Day Drunk Driving Initiative Announced

The Miami Valley is teaming up to make Dayton's St. Patrick's Day celebration a safe one.   ENFORCEMENT: The Combined Agency OVI Task Force of Montgomery County has allocated over 280 OVI patrol hours for the upcoming St. Patrick's Day weekend.  In addition, the OVI Task Force will conduct two OVI checkpoints throughout the weekend.  "Driving is simply not worth the risk," warns Task Force spokesman John DiPietro.PREVENTION: This effort will be combined with the return of "Operation Arrive Safe,"  an innovative and successful program administered by Montgomery County Prosecutor Mat Heck, AAA Miami Valley, Sandy's Towing and Heidelberg Distributors.  You...

Continue reading