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second appellate district Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "second appellate district"

Nonstandardized Field Sobriety Tests

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...

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Ohio DUI Law: State v. Bruce (Destruction of Evidence)

[caption id="" align="alignright" width="180" caption="www.OhioDUIdefense.com"][/caption]State v. Bruce (2008), 2008-Ohio-5514, is the Second District's latest "destruction of evidence" ruling.  Here, the court granted a motion to provide the blood sample to the Defendant's expert.  The lab was not copied on this order.  The 2nd District held that the State did show substantial compliance with the Ohio Administrative Code and the fact that the lab destroyed the blood after the Court granted an Order to provide a specimen of blood to defendant's expert. The court found that there was no bad faith in the destruction...

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