12 January

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Reckless Operation in Ohio: What is the Law? – Video

RECKLESS OPERATION: What is the law? https://youtu.be/R0IvweB5sdYThis video explains what reckless operation means for your Ohio drivers license and the difference between a reckless operation and an OVI. Reckless operation in Ohio can constitute any number of offenses within the Ohio Revised Code dealing with operation of a vehicle with willful or wanton disregard to persons or property. Commonly, reckless operation is charged under O.R.C. 4511.20 (all codes sections are set forth below). There is a separate O.R.C. section dealing with reckless operation while off-road (O.R.C. 4511.201) and while on a watercraft (O.R.C. 1547.07). O.R.C. 4511.202 is Ohio’s Reasonable Control Statute.The Ohio Supreme...

13 February

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Ohio Felony DUI Law: Aggravated Vehicular Homicide

Posted by Dayton DUI

in DUI Law

The most tragic cases we handle are cases involving a charge of aggravated vehicular homicide.Aggravated Vehicular Homicide, O.R.C. 2903.06, is a crime that results from the death of another caused by the defendant’s operating a vehicle while impaired (a violation of R.C. 4511.19) or while driving negligently or recklessly. The aggravated vehicular homicide statute encompasses driving an automobile recklessly or negligently (called Vehicular homicide) whether or not alcohol played a part in the death. Often, defendants are indicted for multiple counts, with additional counts for each victim of the accident.Under the reckless section of the statute you will be found guilty of a...

12 August

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Ohio DUI Laws: An Overview

Posted by Dayton DUI

in DUI Law, DUI Process

This post collects together in one place many of the Ohio DUI Laws that arise in drunk driving cases. Some Ohio DUI laws are listed because law enforcement will charge these offenses to establish probable cause for pulling over your vehicle. If you need to find out more about a specific law, or how the statute has been interpreted or applied, call Charles M. Rowland II at (937) 318-1384 or read about the specific Ohio DUI law at the Ohio DUI Law Blog.Operating a Vehicle Impaired (OVI); O.R.C. 4511.19 This is Ohio's drunk driving statute (Ohio's DUI law). It is a...

19 June

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OVI or DUI (Which is right?)

Posted by Dayton DUI

in DUI Law, DUI Process

The current version of Ohio's impaired driving law is O.R.C. 4511.19, is entitled "Operating vehicle under the influence of alcohol or drugs - OVI." This is the same offense which is also known as DUI (driving under the influence), OMVI (operating a vehicle impaired), DWI (driving while intoxicated) or drunk driving. The Ohio General Assembly changed the acronym to connote the broadening of the law from simply alcohol impairment to any drug (or condition?) which may impair. The term "operate" also has a broader definition than that of "driving." For example, if a driver is found behind the wheel of...

20 May

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Click It Or Ticket Kickoff

Posted by Dayton DUI

in DUI Process

The Clark County Safe Communities Coalition, local, federal and state law enforcement agencies will unite to kick-off the Click It or Ticket National Campaign. This mobilization will run from May 20 to June 2, 2013 and cover the heavily traveled Memorial Day holiday. Law enforcement agencies across the country are prepared to ticket anyone not buckled up….no warnings and no excuses. Click It or Ticket. You should expect increased traffic enforcement throughout Ohio especially along the interstates during this period of time. You can also expect to hear the Click It or Ticket radio and television commercials a few hundred...

06 February

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Physical Control & Reckless Operation

Posted by Dayton DUI

in DUI Law

Often, a client will be presented with a plea offer involving a reduction to a charge called “physical control.” Physical control is the crime of being in control of a car while you are impaired. It is a zero point violation under Ohio law and does not carry a mandatory license suspension. Physical control is usually contrasted with a Reckless Operation. To determine which reduction is advantageous, we offer this article. Please talk to your attorney prior to accepting a “physical control” or a “reckless operation” as both have definite pros and cons. This video explains what physical control could...

05 October

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Fight Your Marked Lanes Violations, O.R.C. 4511.33 (by Dayton DUI)

Posted by Dayton DUI

in Uncategorized

The National Highway Traffic Safety Administration (NHTSA) has developed a guide for detecting drunk drivers. In that guide, NHTSA identifies 24 "clues" that potentially impaired drivers exhibit. Many of those "clues" relate to the driver's ability to maintain proper lane position. Your attorney should aggressively defend your driving and point out to a judge or jury other possible causes of weaving such as: texting, eating, telephone calls, conversations with other passengers, changing the radio station, stretching, or fatigue may account for the driving.Your DUI defense lawyer should also be prepared to argue that your weaving may not violate Ohio law. ...

17 July

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DUI Blood Tests: Whole Blood vs. Serum/Plasma

Posted by Dayton DUI

in DUI Process

Ohio Administrative Code 3701-53-03(A) sets forth the techniques and methods for determining the concentration of alcohol in blood, urine and other bodily substances. Pursuant to that rule, Ohio allows for testing including gas chromatography and enzyme assays. To challenge a blood test, it is important to know if the State has tested the blood as whole blood or as serum/plasma. Operation with a concentration of alcohol is prohibited if the concentration in whole blood is equal to or exceeds .08%, R.C. 4511.19(A)(1)(b). However, the prohibited concentration for whole blood is a concentration equal to or exceeding .096%, R.C.4511.19(A)(1)(c). The high...

18 May

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Ohio State Highway Patrol Announces “All Out” Initiative

Posted by Dayton DUI

in DUI Law, DUI Process

May 18th is "All Out" Day for the Ohio State Highway Patrol The Ohio State Highway Patrol will be conducting an “All Out Day” on May 18, in which all sworn officers from all ranks will be patrolling Ohio roads in an effort to reduce fatal and injury crashes. The initiative, which serves as a high visibility enforcement effort, is not only a deterrent for crash causing violations, but also calls attention to dangerous driving behaviors. Troopers warn Ohio motorists that, "with the onset of warm weather and an increase in fatalities, it is more important than ever to make sure motorists are...

29 April

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DaytonDUI, Defending a Breath Test Case

Posted by Dayton DUI

in DUI Process

"I'll Huff and I'll Puff and Blow Your House Down" Did you know that your breathing pattern can significantly alter the concentration of alcohol on your evidential breath test? According to scientific research, "[t]he subject's test manner of breathing just prior to providing breath for analysis can significantly alter the concentration of alcohol in the resulting exhalation." (Jones, 1982, Schoknecht, 1989) as cited in Physiological Aspecs of Breath-Alcohol Measurement, Alcohol Drugs & Driving Vol. 6, No. 2, A.W. Jones.Hyperventilation "...

reckless operation Tag

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