29 April

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DaytonDUI, Defending a Breath Test Case

"I'll Huff and I'll Puff and Blow Your House Down" Did you know that your breathing pattern can significantly alter the concentration of alcohol on your evidential breath test? According to scientific research, "[t]he subject's test manner of breathing just prior to providing breath for analysis can significantly alter the concentration of alcohol in the resulting exhalation." (Jones, 1982, Schoknecht, 1989) as cited in Physiological Aspecs of Breath-Alcohol Measurement, Alcohol Drugs & Driving Vol. 6, No. 2, A.W. Jones.Hyperventilation "...

17 February

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The Prescription Drug Defense

Posted by Dayton DUI

in Drugs & Alcohol

While many people think of impaired driving as involving alcohol, we are increasingly seeing people accused of being impaired by prescription drugs. Clients are surprised to learn that the same harsh penalties that apply to alcohol impairment also apply to prescription drug impairment. You need an attorney who knows how to fight a drugged driving case.Drugged driving cases involving prescription drugs present a problem for law enforcement as indicators of prescription drug use are less apparent. The standardized field sobriety tests are crude tools for detecting alcohol and may be useless in determining prescription drug impairment. Challenging the officer's observations...

27 January

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Intoxilyzer 8000 Is Unreliable!

Posted by Dayton DUI

in DUI Law, DUI Process

Today, in State v. Heather Reid, Case No. TRC 1100716 in the Circleville Municipal Court, Judge Gary Dumm has ruled that "The State of Ohio cannot expect this Court to find the Intoxilyzer 8000 reliable when the State refuses to address known problems and explain why those problems can be ignored."The Court calls for independent laboratory testing to address the issues raised by the adoption of the Intoxilyzer 8000: RFI, sample size of the chamber, volume of the sample tested, possible operator manipulation of the results, possible CMI modifications of the software without the knowledge of ODH and slope detector...

18 January

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Are We Living In The Good ‘Ole Days?

Posted by Dayton DUI

in Ohio Criminal Law

Reduced Crime Rates Recall Golden Era For the past twenty years the United States has been living through a phenomenon. In a recent Washington Post editorial, Chales Lane wrote, Between 1991 and 2010, the homicide rate in the United States fell 51 percent, from 9.8 per 100,000 residents to 4.8 per 100,000. Property crimes such as burglary also fell sharply during that period; auto theft, once the bane of urban life, dropped an astonishing 64 percent. And FBI data released Dec. 19 show that the trends continued in the first half of 2011. With luck, the United States could soon equal its...

27 December

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Ohio State Highway Patrol Reports A Safe Holiday Weekend

Posted by Dayton DUI

in Announcements

During this past holiday reporting period of Midnight, December 23 through 11:59 a.m. on December 26, eight people were killed, with one death attributed to impaired driving. This represents a nearly 43 percent decline in fatalities from last year when 14 people were killed and the lowest amount of Christmas Holiday fatalities in the past four years. In addition, Patrol OVI arrests increased more than 28 percent. For a complete statistical recap of the Patrol’s Holiday enforcement visit http://statepatrol.ohio.gov/doc/christmas_2011.pdfOhio is on pace to see a decline in the number of people killed on Ohio’s roadways in 2011, after experiencing a...

16 December

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Springfield OVI Checkpoint Tonight (Dec. 16, 2011)

Posted by Dayton DUI

in Checkpoints, News, Uncategorized

There will be an OVI sobriety checkpoint tonight in Clark County, Springfiield, Ohio beginning at 8:30 pm on the 1200 block of West First Street. 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 Twp. In addition to enforcement efforts, the OVI Task Force and...

15 December

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Scientific Defenses to an OVI: The GERD Defense

Posted by Dayton DUI

in DUI Process

The National Center for Health Statistics estimates that acid reflux (called gastroesophageal reflux) and the more serious Gastroesophageal Reflux Disease (hereinafter GERD) affect more than 90 million people at least one time per month and about 25 million people experience serious GERD problems daily. " GERD is usually caused by changes in the barrier between the stomach and the esophagus, including abnormal relaxation of the lower esophageal sphincter, which normally holds the top of the stomach closed; impaired expulsion of gastric reflux from the esophagus, or a hiatal hernia. These changes may be permanent or temporary ("transient"). [cite]Although about 10...

09 December

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NO REFUSAL Checkpoint tonight in Dayton (Dec. 9th)

Posted by Dayton DUI

in Checkpoints, News, Uncategorized

Dayton will be holding a "NO REFUSAL" sobriety checkpoint tonight from 9pm until 2am. The checkpoint will be at North Main and Hillcrest. Judges will be standing by to issue warrants for forced blood draws should a person choose to refuse a breath test. This is manipulative, coercive and un-American. The checkpoint is being conducted by multiple agencies and is being coordinated by the Montgomery County DUI Task Force. Be smart. Be responsible. Designate a sober driver. DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro,...

28 November

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DUI Arrests Are Up, Fatalities Are Down

Posted by Dayton DUI

in Announcements

The Ohio State Highway Patrol was busy this Thanksgiving holiday. OVI arrests were up 14 percent compared with last year's holiday. Drug arrests jumped 37 percent. There was also a major law enforcement effort including OVI checkpoints, saturation patrols and overtime patrol "crackdowns."Preliminary reports released by the Ohio State Highway Patrol show that 14 people were killed on Ohio's roadways between the Wednesday before and the Sunday after Thanksgiving. In 2010, 18 people died during the same period and in 2009 20 lost their lives. Numbers are down despite this year’s reporting period being longer as it included the entire...

23 November

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Montgomery County OVI Checkpoint in Harrison Township (Nov 23rd)

Posted by Dayton DUI

in Checkpoints, News, Uncategorized

The Montgomery County OVI checkpoint will be in Harrison Township at Needmore Rd. and will be conducted from 8 p.m. until midnight. The checkpoint is being conducted by multiple agencies and is being coordinated by the Montgomery County DUI Task Force. Be smart. Be responsible. Designate a sober driver. DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro, Huber Heights, Oakwood, Beavercreek, Centerville and throughout Ohio. He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for...

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