a

Facebook

Twitter

Copyright 2019 Dayton DUI.
All Rights Reserved.

9:00 - 17:00

Our Opening Hours Mon. - Fri.

Facebook

Twitter

Search
OVI Menu
 

police department Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "police department" (Page 2)

Drunk Driving Defense: Sleep Deprivation

Drunk Driving Defense or Sleep Deprivation?Imagine that you come across a person who acts confused, their appearance is disheveled, their eyes are bloodshot and they have an odor of alcohol on their breath.  Are they drunk?What I just described is a person who worked for 17 straight hours at a physically and mentally taxing job.  Instead of going home, he stopped by a co-worker's party, had one beer and then proceeded home.  He was stopped a police officer and arrested for drunk driving.A chronic sleep-restricted state can cause fatigue, daytime sleepiness, clumsiness and weight loss or weight gain  It adversely affects the brain and cognitive...

Continue reading

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...

Continue reading

DUI Blitz Planned Along I-75 Corridor

DUI Blitz - If you are driving along 1-75 this weekend, be prepared for an enhanced police presence.  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.The Ohio State Highway Patrol will be joining forces with other members of the 6-State Trooper Project to focus on crash causing violations.  Troopers will be targeting safety belt, aggressive driving, and OVI related violations along the Interstate 75 corridor.  The initiative will take place from February 21, at 12:01 a.m. through February 23, at...

Continue reading

Underage Consumption And Ohio’s College Students: Know Your Rights

Being charged with "underage consumption" is a common occurrence on Ohio college campuses.  The crime of underage consumption is a violation of Ohio Revised Code, which prohibits possessing, consuming or being under the influence of alcohol under the age of 21.  Holding an alcoholic beverage and/or being intoxicated in a public place is enough to sustain the charge.  Students sometimes mistakenly believe that an officer must give them a breathalyzer test to "prove" intoxication.  This is not the law.  College students often compound their problems by being so scared of being arrested for underage consumption that they provide false information to the...

Continue reading

Ohio DUI Defense: The Top 10 DUI Defenses

Your Ohio DUI defense attorney should be familiar with these "TOP 10" defenses to an Ohio DUI.1. Hire The Best DUI Attorney: The most important decision that you can make in defending your case is hiring the right Ohio DUI defense attorney.  Ohio DUI defense involves understanding Ohio's DUI law, the Ohio Administrative Code, the breath test device, standardized field sobriety testing (administration and interpretation) and all manners of science which may affect your case.  Ohio DUI defense begins with an attorney who has the experience to fight your case, the scientific knowledge to attack in the right places, and the skill...

Continue reading

Marked Lanes Violations & Traffic Stops

When can a police officer make a stop for a marked lanes violation? In State v. Houck, 2011-Ohio-6359, Ohio's Fifth Appellate District considered the legal standards required to stop a person for a marked lanes violation. See O.R.C. 4511.33 “In Ohio, when a driver commits only a de minimis marked-lanes violation, there must be some other evidence to suggest impairment before an officer is justified in stopping the vehicle. See State v. Gullett (1992), 78 Ohio App.3d 138, 145, 604 N.E.2d 176, 180–181. In Gullett, the Fourth District Court of Appeals concluded that the mere crossing of an edge line on two...

Continue reading

Ohio DUI Law And The Portable Breath Test

In State v. Shuler , 168 Ohio App.3d 183, 2006-Ohio-4336, the Ohio Supreme Court took up the issue of whether a portable breath test device (hereinafter 'PBT') can be used as evidence in a drunk driving prosecution.  The court found that, PBT devices are not among those instruments listed in Ohio Adm.Code 3701-53-02 as approved evidential breath-testing instruments for determining the concentration of alcohol in the breath of individuals potentially in violation of R.C. 4511.19. PBT results are considered inherently unreliable because they “may register an inaccurate percentage of alcohol present in the breath, and may also be inaccurate as to...

Continue reading

OVI Checkpoints: The Reason To Get Rid Of Checkpoints & Cameras

The Reason to Get Rid of OVI Checkpoints & Cameras?  Glad You Asked. In his book Why People Obey The Law, legal scholar Tom Tyler argues that compliance with the law has less to do with deterrence (fear of penalty) than with the rational decision that complying with the law is in a person's self-interest.  More important to their compliance is the decision that following the law is the right thing to do.  Having the biggest impact on their perception of the law is the belief in the legitimacy of the authority.  "People who go to traffic court are less concerned...

Continue reading

Bears In The Air: OSP To Target Distracted Drivers

If you are driving distracted this week watch out!  The Ohio State Highway Patrol will be joining forces with other members of the 6-State Trooper Project for a distracted driving enforcement and awareness effort June 16 – 22 in an effort to reduce distracted driving related crashes and raise awareness about the dangers distracted driving creates.  The Patrol’s aviation section will assist road troopers from the air by focusing on crash causing violations that may be caused by distracted driving, including; aggressive driving, marked lanes violations, following too closely and driving left of center. This effort dove tails with the continuing national...

Continue reading