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Dayton DUI Attorney Charles Rowland > Posts tagged "ovi" (Page 8)

Intoxilyzer 8000: The More You Blow

The Intoxilyzer 8000 is Ohio's breath testing device in DUI cases.  One of the major flaws of the machine is that its testing protocol can result in inflated tests. The more you blow, the higher it goes.Wondering Should you blow? Attorney explains in this video. The protocol for the Intoxilyzer 8000 in Ohio requires that you produce merely 1.1 liters of breath, less than the amount of air required to fill a two liter pop bottle.  The average adult can exhale between three and four liters of air.  If you are unlucky enough to be tested on this machine, the police...

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Phase Two: The Personal Contact Phase

An officer's decision to arrest for DUI involves three steps: observing the vehicle in motion, observing the driver during a personal contact phase, and administering field sobriety tests.  Evidence is collected at each stage.  If, after conducting all three phases, the officer believes probable cause exists that you are impaired, you will then be arrested.  Probable cause is a flexible, common-sense standard. It merely requires that the facts available to the officer would 'warrant a man of reasonable caution in the belief,' Carroll v. United States, 267 U.S. 132, 162 (1925), that you are impaired; it does not demand any showing that...

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Limited Driving Privileges Under Ohio Revised Code 4510.021

Q. Can I get limited driving privileges during the pendency of my OVI case?A court may grant limited driving privileges to a person who has had their license suspended pursuant to a pending OVI.  The Ohio Revised Code, 4510.021 limits driving to the following purposes: (1) Occupational, educational, vocational, or medical purposes; (2) Taking the driver's or commercial driver's license examination; and (3) Attending court-ordered treatment.  A court is granted broad discretion to impose restrictions so long as the restrictions are reasonable.  While most courts will not impose an ignition interlock devise or restricted "party" plates on a first offense OVI, the statute...

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Physical Control of a Vehicle While Intoxicated (O.R.C. 4511.194)

Physical Control of a Vehicle While Intoxicated (O.R.C. 4511.194) is the offense of being intoxicated while in physical control of a car, but not having caused the vehicle to move.  If you are under the influence and the prosecutor can prove that you “operated” your car and were not simply in “physical control” of your car, you may face a charge of OVI/DUI (drunk driving).  Thus the legal analysis will turn on whether on the prosecutor can prove you "operated" your car.  “Operation” includes causing or having caused a vehicle (such as a car, truck, RV, bicycle or motorcycle) to move....

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Case Law Update: OVI Urine Sample

Under Ohio law, an OVI urine sample must be refrigerated while not in transit or under examination.  In State v. Schneider, 2013-Ohio-4789, the First District Court of Appeals was asked to define what "in transit" means.At the suppression hearing, defense counsel argued that the state had failed to establish that the OVI urine sample had been refrigerated while it was not under examination or in transit as required by Ohio Adm.Code 3701-53-05(F). Defense counsel pointed to the evidence that the trooper had not refrigerated the specimen between its collection at 3:15 a.m., and its mailing at 10:00 p.m., a period of 18...

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There’s A New Standardized Field Sobriety Tests “Guide”

Standardized Field Sobriety Tests are commonly known as the roadside activities that police officers ask drivers to perform if the officer suspects that the driver is impaired by alcohol or another impairing substance. We call them "stupid human tricks."  Contrary to popular understanding and belief, many of these tests have little basis in science, and the ones that do are frequently performed incorrectly.NHTSA has developed a new "GUIDE" in assessing Standardized Field Sobriety Tests.  The new (March, 2013) version focuses more on having law enforcement recognize and administer tests to determine impaired driving by substances other than alcohol.  No new scientific studies...

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Standardized Field Sobriety Tests: They Don’t Work

The National Highway Safety and Traffic Administration’s standardized field sobriety tests were developed based on a 1977 study. The subjects of this study had blood alcohol content levels ranging from zero to .15 percent. Though there was such a large different between the test subjects, there was a 47 percent error rate in determining a person’s impairment after administering the standardized field sobriety tests. 47%! This means that almost half of the people were misidentified by police officers as being drunk when in fact they were not. What is worse, one of the researchers agreed that the tests are problematic...

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Vandalia Municipal Court’s Alcohol Diversion Program

Vandalia Municipal Court maintains an Alcohol Diversion Program, which according to the record is the only remaining judicially-established alcohol diversion program in Ohio. State v. Webb, 2012-Ohio-2962.  Individuals charged with a first offense OVI face a review by the city prosecutor.  If the prosecutor deems the charge to be worthy of consideration for the Alcohol Diversion Program, then the case is sent to the Vandalia Municipal Court Probation Department.  There, the offender is further screened for eligibility by the probation staff.  If, after receiving a recommendation from both the prosecutor and the probation screening, the offender is required to enter a conditional...

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Springfield OVI & The Clark County OVI Task Force

The Clark County OVI Task Force is a coalition of 13 area agencies formed last year following a $136,000 grant from the Ohio Traffic Safety Office.  The task force is made up of the Health District, Springfield Police Division, Clark County Sheriff’s Office, Ohio Highway Patrol, 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.  The Clark County OVI Task Force is very active, routinely operating OVI checkpoints in and around Springfield.  Recently, the Clark County OVI Task Force has operated OVI checkpoints in...

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Will I Be Required To Use Restricted Plates (A.K.A Party Plates)?

When will you be required to use restricted plates?If you thought that public shaming was a barbaric practice relegated to the distant past, you have not been driving through Ohio.  Ohio was the first state in the country to adopt a form of public humiliation by adopting special license plates (called restricted plates) for drunk driving offenders.  Use of the “scarlet letter” restricted plates became mandatory in 2004. O.R.C. 4507.02(F)(2) and 4503.231.  These bright yellow restricted plates with prominent red lettering (often referred to as "party plates") are an indelible record of your offense and will not be easily forgotten...

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