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Dayton DUI Attorney Charles Rowland > Posts tagged "science"

Junk Science in Ohio DUI/OVI Cases

[caption id="attachment_26" align="alignleft" width="150" caption="Intoxilyzer 8000"][/caption]When you hear a DUI/OVI attorney decrying "junk science" that is used in court, they are most likely referring to the fact that the air blown into the breath test machine for purposes of testing cannot be the same air that is exchanged with the deep lung alveolar sacs. It is impossible to limit the breath test to limit itself to deep lung alveolar air. The theory breaks down because: IF THE MAJORITY OF AIR BEING MEASURED HAS NOTHING TO DO WITH THE BLOOD EXCHANGE THEN THE TEST IS NOT MEASURING THE AMOUNT...

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Standardized Field Sobriety Test Training

[caption id="" align="alignright" width="168" caption="Image by erjkprunczyk via Flickr"][/caption]Tomorrow, I will leave for South Carolina to attend the most recent National Highway Transportation Administration (NHTSA) Student class on the Standardized Field Sobriety Tests.  This is the same training that police officers receive in their ADAP training.  This training will allow me to augment my knowledge of the field tests and be able to offer my clients the best in DUI/OVI representation.  This is in keeping with my commitment to be the very best DUI/OVI attorney that I can be.-Charles M. Rowland II-...

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Standardization Vital to Field Test Reliability

The Importance of Standardization The validity of SFST results is dependent upon practitioners following the established, standardized procedures for test administration and scoring. NHTSA's SFST Student Manual states that the procedures demonstrated in the training program describe how SFSTs should be administered under ideal conditions, but that ideal conditions do not always exist in the field. Variations from ideal conditions, and deviations from the standardized procedures, might affect the evidentiary weight that should be given to test results.Courts in several states have reviewed the admissibility of field sobriety tests that assess physical coordination and have held that deviations in the administration of...

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