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Presumption of Innocence? Not For OVI

The History of The Presumption of Innocence The presumption of innocence, Ei incumbit probatio qui dicit, non qui negat. It is the principle that one is considered innocent unless proven guilty. It dates back to the very foundations of western jurisprudence. The sixth century Digest of Justinian provides, as a general rule of evidence:"Proof lies on him who asserts, not on him who denies." The presumption requires that the prosecution has the obligation to prove each element of the offense. They must prove each beyond a reasonable doub. The accused bears no burden of proof. This is often expressed in the phrase innocent until proven...

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DWI, DUI, OMVI, OVI, Drunk Driving – Is There Any Difference?

DWI, DUI, OMVI, OVI, Drunk Driving - Is There Any Difference? Spoiler Alert: DWI, DUI, OMVI and OVI all mean the same thing.  Operating a vehicle under the influence alcohol violates Ohio Revised Code 4511.19. Colloquially, the most common way to describe drunk driving is by referring to it as a DUI. In addition, news organizations use the term DWI. DWI (driving while impaired) is also frequently used to describe drunk driving. Here in Ohio we don't use DWI, DUI or OMVI to describe the legal charge.  In 1982, Ohio enacted a law that refers to driving under the influence of alcohol or drugs...

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Binge Drinking and College Culture – Dayton DUI

Binge Drinking - What Is The Problem? Some opponents of alcohol consumption target the problem of binge drinking on college campuses. While there is no consensus on what "binge drinking" is, we know that college students do a lot of it. Binge drinking is the current target of temperance proponents. It is blamed for everything from sexual assaults to deaths from consumption. When a person consumes heavily, with the intention of achieving intoxication above .08% BAC, they are "binge drinking" according to critics. 74.4 percent of the time they are doing it with beer. (Nami, et.al. 2004). Wine bingers are rare....

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Drugged Driving – Dude, I’m Injured Not Stoned

DRUGGED DRIVING - IS THIS PERSON INJURED OR STONED? When a law enforcement officer comes upon a crash scene he or she may suspect illicit drug use. Their training, the  National Highway Traffic Safety Administration manual and common sense dictate that no suspicion of drug use be  assumed without evidence. When a case involves medical problems, a drug investigation (DRE, drug recognition expert evaluation) should not be performed. This is the rule per NHTSA. The government wants to avoid confusing possible drug use with the observations really being medical issues. Where the NHTSA manual states in a situation like this, "your primary...

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You Have Rights! Use Them!

You Have Rights! You have rights - use them! A typical DUI/OVI stop starts with a probable cause traffic stop.  Depending on the time of day, the location or the way you are driving, the officer may begin the encounter believing that you are possibly "19" (police shorthand for a possible R.C. 4511.19 (DUI) violation). Probable cause for the stop can be anything from severe weaving or crashing all the way down to something as de minimus as a license plate light out.  The officer's true purpose in pulling you over cannot be questioned if there is even a minor violation...

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“Weed Day” How Did 420 Get It’s Name?

April 20th is Weed Day. I am fascinated by the origin of the term "420" and how it became associated with marijuana.  There are as many stories about its origin as there are people you ask.  Just a short search on Google leads to the following "Weed Day" origin stories. It’s the number of active chemicals in marijuana. It’s teatime in Holland. It has something to do with Hitler’s birthday. It’s those numbers in that Bob Dylan song multiplied. It was like a police code for smoking in progress or something. In 2003, when the California Legislature codified the medical...

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Defending Your Miamisburg DUI Charge – Call (937) 318-1384

Charged with a Miamisburg DUI? I am proud of the hard work I did for clients in the Miamisburg Municipal Court. Since 1995, I have appeared on behalf of the accused drunk driver. For most of those years, my practice has been dedicated exclusively to DUI (drunk driving) defense. Please visit the biography/credential pages of this blog to learn more about my experience.  I am uniquely qualified to be your Miamisburg DUI lawyer. In addition, I was a municipal court prosecutor, a mediation judge and a special prosecutor in DUI cases. What's more, I received certification on the BAC DataMaster and the...

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Annie’s Law Goes Into Effect

On April 4th, Annie's Law will go into effect. Annie's Law Gets Harsh! This law is the latest in Ohio's ever harshening "war" on drunk drivers. For years, MADD and their partners at the National Highway Traffic Safety Administration have been laying the groundwork for universal ignition interlock devices. Their "DADDS" system would require every car manufactured to be equipped with sensors. If the driver attempts to start the car and has some alcohol on their breath, it does not allow the car to start.  While this is still their objective, public opinion is very against this idea.  MADD was handed a...

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Rule Number One For Ohio OVI Attorneys – Rule 1.1

An Ohio OVI attorney's number one rule is set forth in our ethical rules. It sets the standard for what you should expect. AMERICAN BAR ASSOCIATION MODEL RULES OF PROFESSIONAL CONDUCT Rule 1.1: CompetenceClient-Lawyer Relationship A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. There it is! An Ohio OVI attorney must provide competent representation to a client. The Commentary to Rule 1.1 states: In determining whether a lawyer employs the requisite knowledge and skill in a particular matter, relevant factors include the relative complexity and specialized nature of...

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What Happens At Your OVI First Appearance?

The following will happen when you appear for your OVI First Appearance. At your OVI first appearance you will be called into a big room with many people facing many different types of charges. The Judge, will explain the complaint or charge.  This details the offense(s) you are charged with. In addition, the Court must explain it to you if you do not understand the nature of the charge(s). The Judge will also advise you of the potential penalties.  Many people will  plead guilty to the charges and receive their punishment.  We are often confronted with people who regret their OVI arraignment...

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