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Dayton DUI Attorney Charles Rowland > Posts tagged "SMS" (Page 4)

Halloween DUI Crackdown (by Dayton DUI)

The Ohio State Highway Patrol has announced a DUI enforcement initiative as part of the Drive Sober or Get Pulled Over campaign which will coincide with the Halloween holiday.  79 local law enforcement agencies have planned more than 1,700 hours of enforcement as well as at least 14 checkpoints and more than 1,000 hours of saturation patrols around the state.  As Halloween gains in popularity as a celebration, police are vigilant in patrolling the highways for impaired drivers. “There isn’t a Halloween costume clever enough to hide a drunk driver who’s made the dangerous decision to get behind the wheel,” said...

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Will I Have “Party Plates?” (by DaytonDUI)

If you thought that public shaming was a barbaric practice relegated to the distant past, you have not been driving through Ohio.  Ohio was the first state in the country to adopt a form of public humiliation by adopting special license plates for drunk driving offenders.  Use of the "scarlet letter" plates became mandatory in 2004. O.R.C. 4507.02(F)(2) and 4503.231.  These bright yellow plates with prominent red lettering (often referred to as party plates) are an indelible record of your offense and will not be easily forgotten by friends, family, customers and clients.  At DaytonDUI we are opposed to "branding,"...

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New Carlisle, Ohio OVI Checkpoint (October 26, 2012)

The Clark County OVI Task Force will conduct a sobriety checkpoint to deter, and intercept drunk drivers.  The checkpoint will be held on Friday, October 26, 2012.  The checkpoint will be located at 603 S. Main St. in New Carlisle and the checkpoint will be starting at 9:00 p.m. in the evening.In addition, the Ohio State Highway Patrol will be conducting an OVI Checkpoints in Cuyahoga and Lorain Counties this weekend.  At this time we have no additional checkpoints planned in the Miami Valley.If you want to receive updated information on sobriety checkpoints,  enhanced traffic enforcement, saturation patrols and other important developments that affect...

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Arrested for OVI in Bellbrook, Ohio?

If you are arrested on suspicion of OVI (drunk driving) in Bellbrook, Ohio, your misdemeanor case will be heard in the Xenia Municipal Court.  Xenia Municipal Court is located on the second floor of Xenia City Hall, 101 N. Detroit Street, Xenia, Ohio.  This building is located just to the south of the Greene County Courthouse in downtown Xenia. Hours are 7:30 a.m. until 4:30 p.m. on Mondays, Tuesdays & Wednesdays.  Hours are 7:30 a.m. until 4:00 p.m. on Thursdays and Fridays.  As of January 1, 2008, Night Court services are no longer provided.  You can contact the Court at (937) 376-7290Fax: (937) 376-7288.  The Bellbrook Police...

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Get Your Ohio Online Driving Records (by DaytonDUI)

The Ohio Bureau of Motor Vehicles has created a system to access your driving record on-line.  The system permits drivers to obtain a record of all convictions within the past two years. The driving record will also reflect all open suspensions or revocations. Drivers are reminded that Ohio Revised Code (ORC 4510.037) provides that the Registrar of Motor Vehicles is required to impose a license suspension on all drivers who accumulate 12 points on their records during any two-year period. A list of points charged for various offenses can be found in ORC 4510.036.  Click HERE to access your unofficial driving record. To...

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

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. ...

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Ohio Revised Code 4511.194, Physical Control

Ohio Revised Code section 4511.194 defines the crime of “Physical Control.” The crime of "Physical Control" involves being in physical control of a vehicle while under the influence of alcohol or a drug of abuse.  This definition means that you do not have to be driving or operating the car.  If a person is in the driver’s position of the front seat of a vehicle, or in the driver’s position of a streetcar, or trackless trolley and having possession of the vehicle’s, streetcar’s or trackless trolley’s key, or other ignition device that person is in “physical control” of the vehicle.  See...

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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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Vehicle Immobilizations (by DaytonDUI)

An arrest for drunk driving has many harsh and unintended consequences.  One of the most vexing is immobilization. When a person is arrested for DUI the arresting officer has discretion as to whether or not the suspect's car will be towed.  Sometimes safety concerns, agency policy or other  concerns will cause the officer to call for a tow truck to impound your car.  I have also had cases where an officer goes to great lengths to secure a suspect's car so that they will not incur the inconvenience of an impoundment.  As with other aspects of Ohio DUI law, having...

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Proof Beyond All Reasonable Doubt And Other Closing Arguments (by DaytonDUI)

Imagine that you woke up with a sore throat.  It persists throughout the day and into the next.  As the week drags on you feel worse and worse and your wife demands that you go to the doctor.  You hate doctors, but you feel so lousy that you agree to get your throat checked out.  When you arrive you fill out the requisite forms and wait longer than you feel is necessary.  Just as you are nearing your boiling point a nurse calls your name and leads you into a small room.  You tell her that you've had a sore...

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