07 July

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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...

19 April

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

Posted by Dayton DUI

in Ohio Cities

Charged with a Miamisburg DUI? What You Need to Know. 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...

10 April

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Annie’s Law Goes Into Effect

Posted by Dayton DUI

in DUI Law

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...

20 January

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Rule Number One For Ohio OVI Attorneys – Rule 1.1

Posted by Dayton DUI

in DUI Lawyer

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...

12 December

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Drug Lawyer – Ohio Marijuana Law and OVI [Video]

Posted by Dayton DUI

in Drugs & Alcohol

https://youtu.be/SgNQzYEvAcM DRUG LAWYER - Ohio has adopted one of the toughest and least popular marijuana impairment laws in the country. This post will provide an overview of how other states have dealt with the issue. Zero Tolerance vs. Per Se Every state has laws dealing with alcohol-impaired driving and drug-impaired driving. But unlike the laws for alcohol-impaired driving, those that address drug-impaired driving are nuanced, difficult to enforce and prosecute and vary substantially by state. In addition to general impairment laws, there are two basic laws that states tend to use when addressing drug-impaired driving:Zero Tolerance laws make it illegal to drive with...

19 October

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Beavercreek OVI – Beavercreek DUI?

Posted by Dayton DUI

in Ohio Cities

Beavercreek DUI - Beavercreek OVI? If you have been arrested for OVI in Fairborn, Bath Township, Beavercreek or Beavercreek Township? Your misdemeanor Beavercreek DUI case will be heard in the Beavercreek/Fairborn Municipal Court, 1148 Kauffman Ave. in Fairborn, Ohio. Need to find information about a case in the Fairborn Municipal Court? Search HERE. For case information or visit the court’s web site HERE. I am a life-long resident of Beavercreek and I have represented the accused drunk driver in the Fairborn/Beavercreek Municipal Court since 1995.DUI law is my passion and I dedicate my practice to OVI law and has some of the most impressive...

03 October

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An Overview Of The OVI Process From Beginning To End

Posted by Dayton DUI

in Uncategorized

In this video, we walk you through the typical OVI process.OVI PROCESS - ARRAIGNMENT Following an OVI arrest, you will attend your ARRAIGNMENT. This hearing is designed to allow you to enter a plea. No doubt, you will have considered getting an attorney. We offer a free consultation. Furthermore, I make myself available immediately. If you have an attorney at this point, you may not have to attend this hearing. If you hire me, we file paperwork with the court. This paperwork will tell the court you have an attorney. In addition, we file other important papers to protect your rights....

12 September

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Admitting OVI Blood Tests Made Easier By Ohio Supreme Court

Posted by Dayton DUI

in DUI Law, DUI Process

A REVIEW OF BLOOD TEST REGULATION IN OHIO In Ohio, a blood test is administered by a crime lab or the collecting health care agency. The blood must be drawn by a licensed medical professional. In cases where blood tests are administered by a crime lab, the Ohio DUI driver’s blood sample must be drawn within three hours of the perceived infraction. In addition, it must be tested in compliance with regulations drafted by the Ohio Department of Health. Because of their complexity, an attorney focusing on DUI defense exclusively should be considered.Please consult the articles on the ODH rules on this...

25 August

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Springfield OVI – What To Expect

Posted by Dayton DUI

in Ohio Cities, Ohio Counties

A first offense Springfield OVI is defined at O.R.C. 4511.19 as a DUI with no priors within 6 years. A first offense OVI can be charged in three ways. The first charge is caused by testing over the legal limit of .08% B.A.C. (example O.R.C. 4511.19(A)(1)(d)). These types of offenses are also referred to as “per se” violations.A second way to be charged is for violating the high-tier provision of Ohio’s OVI law. Ohio has also created a per se “high-tier” limit of .17% BrAC, sometimes referred to as a SUPER-OVI. The per se high-tier limits for a first offense OVI are set forth at O.R.C. 4511.19(A)(1)(f) The...

03 August

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OVI Attorney Ethics Rule 1.1 – Competence

Posted by Dayton DUI

in Uncategorized

What is the first ethical rule for a OVI attorney? It iss set forth at the American Bar Association - Model Rules of Professional Conduct, Rule 1.1. This is the rule regarding competence. It states, "A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation." OVI cases are among the most complex because of the scientific elements of the case. As your attorney, I must be familiar with the statutory and case-made law regarding OVI. In addition I must have a working knowledge of:the NHTSA standardized field sobriety...

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