21 September

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Why The Founding Fathers Opposed A Standing Army

Just how opposed were the Founding Fathers to a standing army? Their revolutionary experience of the founding fathers forged a deep mistrust of standing armies. They viewed them as a pernicious threat to liberty. Here are just a few quotes that explain how and why the idea (what we would call a police state today) was anathema to the first Americans.During the Virginia ratifying convention, James Madison described a standing army as the “greatest mischief that can happen.”In addition, fellow delegate to the Constitutional Convention of 1787, George Mason put a finer point on it: "No man has a greater regard...

02 November

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Alcohol On Your Breath? So What!

Posted by Dayton DUI

in DUI Law

Have we reached a point where the mere presence of alcohol on the breath is enough to place a person under arrest? Did you take a Breathe Test in Ohio? Learn what it means for you in this video. We ask this question because the "odor of an alcoholic beverage" is the first and most relied upon clue an officer notes in his or her report. Not only does it determine that the driver has been drinking but provides legal justification (reasonable suspicion) for continuing the stop for a DUI/OVI investigation. Courts allow an officer to testify as to the odor and...

14 September

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Why The Founders Opposed Militarized Police

Posted by Dayton DUI

in Uncategorized

Just how opposed were the Founding Fathers to a pervasive militarized police force? Their revolutionary experience forged a deep mistrust of standing armies. They were viewed as a pernicious threat to liberty. Here are just a few quotes that explain how and why the idea (what we would call a police state today) was anathema to the first Americans.During the Virginia ratifying convention, James Madison described a standing army as the “greatest mischief that can happen.”Fellow delegate to the Constitutional Convention of 1787, George Mason put a finer point on it: No man has a greater regard for the military gentlemen...

25 June

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Are You Hot? You Had Better Tell Your OVI Attorney

Posted by Dayton DUI

in DUI Law

Sometimes having an experienced OVI attorney can make all of the difference.Breath testing equipment assumes that ALL people have an expired breath temperature of a constant 34 degrees centigrade and a constant body temperature of 37 degrees centigrade. So, what happens if these assumptions are just a little off?The BAC will register 8.62% higher than normal for each degree that the breath temperature is above normal. So, a person registering a breath test of .143% with a body temperature of 104 degrees fahrenheit would actually have a BAC of .106%. This means quite a bit as many prosecutors would be...

23 December

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Police Do Not Need To Know Law To Enforce It – Heien v. North Carolina

Posted by Dayton DUI

in DUI Law

Heien v. North Carolina, No. 13–604. Argued October 6, 2014—Decided December 15, 2014 ; another case giving police more power to stop and arrest and another body blow to the Fourth Amendment.In 2009, Nicholas Heien and a friend were traveling on a highway in North Carolina when they were stopped for having a broken tail light. Subsequently, a search of the car found a plastic bag containing cocaine. Where this case takes a turn is when we learn that the police had no legal right to stop the car because, under North Carolina law, having a single broken tail light is...

03 December

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Holiday DUI Blitz Begins December 6th

Posted by Dayton DUI

in Announcements, News, Uncategorized

The Ohio State Highway Patrol announced its annual "Holiday DUI Blitz." The 6-State Trooper Project is a multi-state law enforcement partnership aimed at providing combined and coordinated law enforcement and security services in the areas of highway safety, criminal patrol and intelligence sharing.The holiday dui initiative will take place from Friday, December 5 at 12:01 a.m. through Sunday, December 7 at 11:59 p.m. This high-visibility enforcement effort will include the Indiana State Police, Kentucky State Police, Michigan State Police, Ohio State Highway Patrol, Pennsylvania State Police and the West Virginia State Police. Charles M. Rowland II dedicates his practice to defending...

01 December

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Christmas Party DUI Arrest? We Can Help!

Posted by Dayton DUI

in Announcements

SUMMARY: Nobody plans on a Christmas Party DUI Arrest, but police are out in force during the Christmas Holiday Season. If you plan to drink and drive, prepare yourself ahead of time in these three ways: Protect Yourself, Educate Yourself and Empower Yourself with knowledge. See details below.'Tis the season for Christmas parties and Christmas party DUI arrests. If you are arrested you may be thinking, "What do I do now?" Being arrested for DUI is a frightening and traumatic experience. Our clients often struggle to deal with the stigma and shame associated with a DUI arrest. Many strong people are brought...

26 September

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Ohio OVI and Marijuana Blitz Along I-75

Posted by Dayton DUI

in News, Uncategorized

If you are driving along Interstate 75 this weekend, be aware of an Ohio OVI and marijuana enforcement blitz that may cause you to get stopped.OVI: The Ohio State Highway Patrol will team up with law enforcement officials from Florida to Michigan along the Interstate 75 corridor for the third I-75 Challenge. The initiative begins Friday, September 26 at 12:01 a.m. and ends Sunday, September 28 at 11:59 p.m. This effort is a high visibility enforcement initiative aimed at reducing traffic crash fatalities. Troopers in Ohio will be focusing on speed, safety belt and OVI enforcement during the initiative.Marijuana: The Ohio State...

23 July

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Traffic Ticket Blitz Underway in Ohio Through July 26

Posted by Dayton DUI

in DUI Process

There is a traffic ticket blitz underway in Ohio and five other states. The Ohio State Highway Patrol will join forces with other members of the 6-State Trooper Project to focus efforts on distracted driving enforcement statewide. The high-visibility enforcement effort begins Sunday, July 20 at 12:01 a.m. and continues through Saturday, July 26 at 11:59 p.m. The 6-State Trooper Project includes the Ohio State Highway Patrol, Kentucky State Police, Indiana State Police, Pennsylvania State Police, West Virginia State Police and the Michigan State Police.OSP Sgt. Vincent Shirey told FOX 8 News that troopers will not just be looking out...

22 July

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The Militarized Police Have Become The Founders’ Worst Nightmare

Posted by Dayton DUI

in Ohio Criminal Law

In a great article for the New American, attorney Joe Wolverton reviews the horrors of militarized police set forth in the Randy Balko book, "Rise of the Warrior Cop." I have expressed my admiration for the book as a call for a return to "the law" as it was traditionally understood throughout our history. The publisher of Balko's Rise of the Warrior Cop book, explains: The American approach to law enforcement was forged by the experience of revolution. Emerging as they did from the shadow of British rule, the country's founders would likely have viewed police, as they exist today, as a standing army,...

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