19 March

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Dayton Cop Block Protests At OVI Checkpoint

The controversy surrounding OVI checkpoints continues. Citizens opposing the infringement on their Constitutional rights gathered together recently to protest at the OVI checkpoint held in Washington Township on March 17th (St. Patrick's Day). The Dayton Cop Block organization vows to be present at other OVI checkpoints in the Miami Valley.As you watch the video you will see both protesters and police behaving very well. The police officers are doing what they can to keep people safe and the protesters are voicing their dissent in a peaceful way. There could be nothing more American than that.As you are aware, this author...

29 January

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How To Defend Against A One Leg Stand Test

Posted by Dayton DUI

in Uncategorized

Did the officer allege you did poorly on the One Leg Stand standardized field sobriety test?The Standardized Field Sobriety Tests (SFST) are a battery of three tests administered and evaluated in a standardized manner to obtain validated indicators of impairment and establish probable cause for arrest. These tests were developed as a result of research sponsored by the National Highway Traffic Safety Administration (NHTSA) and conducted by the Southern California Research Institute. A formal program of training was developed and is available through NHTSA to help law enforcement officers become more skillful at detecting DWI suspects, describing the behavior of these suspects, and presenting...

25 August

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Determining Probable Cause For An OVI Offense

Posted by Dayton DUI

in DUI Law

A warrantless arrest must be supported by probable cause in order to be constitutionally valid. State v. Timson, 38 Ohio St.2d 122, 67 Ohio Op.2d 140, 311 N.E.2d 16 (1974). In order to make a finding that probable (more likely than not) cause existed the court must look at the totality of the circumstances surrounding the arrest. State v. Miller, 117 Ohio App.3d 750, 691 N.E.2d 703 (11th Dist. Court of Appeals 1997), State v. Brandenburg, 41 Ohio App.3d 109, 534 N.E.2d 906 (2nd Dist. Court of Appeals, Montgomery County 1987). "[B]ecause of the mosaic which is analyzed for a...

27 February

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The Ohio “Clear and Convincing Evidence” Standard

Posted by Dayton DUI

in Ohio Criminal Law

Clear and Convincing Evidence is required for the standardized field sobriety tests to be admitted. Ohio Revised Code 4511.19(D)(4)(b) sets forth the standards for admissibility of the results of field sobriety tests in OVI (drunk driving) prosecutions. See State v. Bozcar, 113 Ohio St. 3d 148, 2007-Ohio-1251, 863 N.E.2d 115 (2007). In order for the tests to be admissible, the State must demonstrate:By clear and convincing evidence. The Officer administered the tests in substantial compliance. The testing standards for any reliable, credible, and generally accepted test. Including, but not limited to, the standards set by NHTSA.The only guidance provided for determining the meaning of “substantial compliance” has come from State v....

21 January

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What is Probable Cause in an Ohio DUI Case?

Posted by Dayton DUI

in DUI Law

To be arrested for drunk driving in Ohio, all that is needed is an law enforcement officer's determination that "probable cause" exists to believe that you are driving while impaired. A determination of probable cause need only be supported by the officer's observations of indicia of alcohol consumption and operation of a motor vehicle. In determining whether or not probable cause for the arrest exists a court will look at facts such as: (1) the time and day of the stop (Friday or Saturday night as opposed to, e.g., Tuesday morning); (2) the location of the stop (whether near establishments selling alcohol); (3)...

11 December

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Ohio DUI Defense: The Top 10 DUI Defenses

Posted by Dayton DUI

in DUI Process

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...

28 August

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Marked Lanes Violations & Traffic Stops

Posted by Dayton DUI

in DUI Law, DUI Process

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...

02 August

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Ohio DUI Law And The Portable Breath Test

Posted by Dayton DUI

in DUI Law

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...

12 April

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Nonstandardized Field Sobriety Tests

Posted by Dayton DUI

in DUI Law

Ohio has adopted the three-test field sobriety protocol as set forth in the National Highway Traffic Safety Administration (NHTSA) manual for training law enforcement officers. The three tests adopted by NHTSA all survived scientific scrutiny as being indicative of impairment. The tests are: (1) horizontal gaze nystagmus, a test of the subject's eyes; (2) walk & turn; (3) one-leg-stand. The officer is trained to administer the tests in a standardized fashion and record "clues" of impairment as evidenced by the subject's performance on the tests.Often, you will encounter a circumstance where the officer employs an non-standardized field sobriety test. These...

02 April

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Can a Person Refuse to Take the Field Sobriety Test?

Posted by Dayton DUI

in DUI Process

QUESTION: Can a person refuse to take the field sobriety test?AUDIO ANSWER by DUI Attorney Charles Rowland:...

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