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Dayton DUI Attorney Charles Rowland > Posts tagged "sfst"

How To Cheat On The Finger To Nose Test

The finger to nose test is making a comeback.  In 1977, a study was conducted by the National Highway Traffic Safety Administration wanted to see if the tests being conducted by police officers were actually indicative of impairment.Marcelline Burns and Herbert Moskowitz conducted laboratory evaluations of several of the tests that were most frequently-used by law enforcement officers at the time (Burns and Moskowitz, 1977). In addition to a variety of customary roadside tests (e.g., finger-to-nose, maze tracing, backward counting), the researchers evaluated measures of an autonomic reaction to central nervous system depressants, known as Horizontal Gaze Nystagmus.Out of the...

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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...

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There’s A New Standardized Field Sobriety Tests “Guide”

Standardized Field Sobriety Tests are commonly known as the roadside activities that police officers ask drivers to perform if the officer suspects that the driver is impaired by alcohol or another impairing substance. We call them "stupid human tricks."  Contrary to popular understanding and belief, many of these tests have little basis in science, and the ones that do are frequently performed incorrectly.NHTSA has developed a new "GUIDE" in assessing Standardized Field Sobriety Tests.  The new (March, 2013) version focuses more on having law enforcement recognize and administer tests to determine impaired driving by substances other than alcohol.  No new scientific studies...

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Standardized Field Sobriety Tests: The One Leg Stand 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 effective testimony in court. Formal administration and accreditation of the program is provided through the...

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Ohio OVI Law: The Coming DRE Expert

Ohio is making the transition to using the Drug Recognition Expert protocol in apprehending and prosecuting impaired drivers.   DRE refers not only to the officers themselves, but to the 12-step procedure that these officers use. DRE was developed by police officers from the Los Angeles (California) Police Department. In 1979, the Drug Recognition program received the official recognition of the LAPD.  On October 22, 2010, Ohio became the 48th state to be accepted into the International Association of Chiefs of Police's (IACP) Drug Evaluation and Classification Program (DECP). Once approved by the IACP's DECP Highway Safety Committee, Ohio was eligible to...

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Are the Standardized Field Sobriety Tests Fair to Fatter People?

Being overweight can impact your performance on the standardized field sobriety tests.  The government agency tasked with verifying the validity of the standardized field sobriety tests is the National Highway Traffic Safety Administration (hereinafter NHTSA).  NHTSA concedes that being fifty or more pounds overweight affects performance on the one-leg stand test; a test requiring the suspect to raise a foot off the ground and stand on one foot for 30 seconds. See NHTSA, DWI Detection and Standardized Field Sobriety Testing, Participant's Manual (2006), re: WAT at VIII-11, re: OLS at VIII-13. Id. re: 50 lbs at VIII-13.  In older versions...

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DUI Blood Tests: Whole Blood vs. Serum/Plasma

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...

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DaytonDUI, Defending a Breath Test Case

"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 "...

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The Prescription Drug Defense

While many people think of impaired driving as involving alcohol, we are increasingly seeing people accused of being impaired by prescription drugs.  Clients are surprised to learn that the same harsh penalties that apply to alcohol impairment also apply to prescription drug impairment.  You need an attorney who knows how to fight a drugged driving case.Drugged driving cases involving prescription drugs present a problem for law enforcement as indicators of prescription drug use are less apparent.  The standardized field sobriety tests are crude tools for detecting alcohol and may be useless in determining prescription drug impairment.  Challenging the officer's observations...

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Intoxilyzer 8000 Is Unreliable!

Today, in State v. Heather Reid, Case No. TRC 1100716 in the Circleville Municipal Court, Judge Gary Dumm has ruled that "The State of Ohio cannot expect this Court to find the Intoxilyzer 8000 reliable when the State refuses to address known problems and explain why those problems can be ignored."The Court calls for independent laboratory testing to address the issues raised by the adoption of the Intoxilyzer 8000: RFI, sample size of the chamber, volume of the sample tested, possible operator manipulation of the results, possible CMI modifications of the software without the knowledge of ODH and slope detector...

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