10 December

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Is The Smell Of Alcohol Enough To Justify Field Sobriety Testing?

Standardized Field Sobriety Tests: Is Smell Enough? Some Ohio courts have upheld determinations that the mere presence of a moderate to strong odor of alcohol, coupled with a proper initial stop, is sufficient to justify the administration of field sobriety tests. See, e.g., State v. Tackett, 2d Dist. No. 2011-CA-15, 2011-Ohio-6711 (“[t]his court has, however, repeatedly held that a strong odor of alcohol alone is sufficient to provide an officer with reasonable suspicion of criminal behavior”). See also State v. Schott, 2d Dist. No. 1415, 1997 Ohio App. LEXIS 2061 (May 16, 1997); State v. Haucke, 2d Dist. No. 99 CA...

07 December

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Driving and Drugs: Ohio’s Per Se Marijuana Law

Posted by Dayton DUI

in Drugs & Alcohol

Wondering if you can get charged with an OVI from Marijuana? While it is well established that alcohol consumption increases accident risk, evidence of marijuana's culpability in on-road driving accidents and injury is far less clear. Although acute cannabis intoxication following inhalation has been shown to mildly impair psychomotor skills, this impairment is seldom severe or long lasting. According to the US Department of Transportation, National Highway Traffic Safety Administration. State of Knowledge of Drugged Driving: FINAL REPORT. op. cit., "Experimental research on the effects of cannabis ...

07 December

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Ohio OVI: Standardized Field Sobriety Tests & Marijuana

Posted by Dayton DUI

in Drugs & Alcohol

State v. Dixon, 2007-Ohio-5189 (Ohio Ct. App. 12th Dist. Clermont County 2007).More and more, we are seeing law enforcement officers arrest drivers on suspicion of operating a vehicle under the influence of marijuana. Often, an officer will request a urine test for marijuana after a defendant has blown substantially under the per se alcohol limit on a breath test machine. This raises questions about the proper determination of probable cause. If, for example, no alcohol was suspected how did the officer arrive deduce enough evidence to make an arrest? Were the standardized field sobriety tests administered to detect alcohol or...

03 December

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Arrested For OVI In Springboro?

Posted by Dayton DUI

in Ohio Cities

If you have been arrested for OVI (drunk driving) in Springboro, Ohio, your case may be heard in the Springboro Mayor's Court. If you have a case in the Springboro Mayor’s Court you can find assistance by calling (937) 748-4367. The Sprinboro Mayor’s Court is located at 329 West Central Avenue, Springboro, Ohio 45066. The Magistrate who will hear your case is the Honorable Jeffrey T. Kirby. Court is held each Wednesday in Council Chambers at 9:00 A.M. The Clerk of Courts can be reached at (937) 748-9782, Monday through Friday, 8:00 A.M. – 4:30 P.M. Any other information that you need can...

28 November

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MADD’s Historic Push For A .05% Alcohol Limit (by Dayton DUI)

Posted by Dayton DUI

in DUI Process

In 1938 the American Medical Association created a "Committee to Study Problems of Motor Vehicle Accidents." Around that same time the National Safety Council began the "Committee on Tests for Intoxication." Their original research found that a driver with a .15% Blood Alcohol Concentration (B.A.C.) could be presumed to be "under the influence." Ohio law followed this paradigm making it illegal to drive with a B.A.C. over .15%. This standard existed for over 20 years.Law and politics changed forever with the founding of Mothers Against Drunk Driving in the late 1970's. MADD changed the world for the better. No longer...

21 November

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Effects Of An OVI Conviction (by DaytonDUI.com)

Posted by Dayton DUI

in Uncategorized

How does a DUI conviction affect you? A drunk driving charge can affect you in ways that you may not expect. Listed below are some of the more vexing issues associated with an Ohio DUI (OVI). 1. Child Custody - If you are involved in a custody dispute (or have a vindictive spouse who would like to start one), a DUI/OVI conviction can be used against you in domestic relations court. Automatic suspensions may make it difficult to exercise visitation with your children. You may also find a court who will refuse to let you transport the children due to a DUI/OVI conviction, thereby increasing the...

15 November

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Showing Proof of Insurance (by DaytonDUI)

Posted by Dayton DUI

in DUI Process

Ohio law requires all license holders to carry insurance on the vehicles they drive—and requires the Clerk’s Office to report the status of your insurance when you are cited to the Ohio Bureau of Motor Vehicles. If you do not submit the required proof, your driver's license will be suspended and you may be subject to additional fees and insurance sanctions.Please check the area on your citation that says “Financial Responsibility Proof Shown.” Make sure the “Y” box is checked. If you did not show proof when you were cited or if the officer did not mark “Y” to indicate...

07 November

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Driving Under the Influence of ADD/ADHD (by DaytonDUI)

Posted by Dayton DUI

in DUI Law

To be diagnosed with ADD/ADHD, a person has to demonstrate an inability to complete divided-attention testing. In 2009, the Centers for Disease Control reported that 9.5 percent of children in the United States had ADHD, up from the previous survey. The trend has not gone unnoticed amongst the insurance industry who reported at the 162 annual meeting of the American Psychiatric Association in May 2009 that:28 percent of adult drivers with ADHD reported receiving a citation withing the prior twelve months. 34 percent reported being in an auto collision. 44 percent reported either a citation or a collision.The standardized field sobriety tests...

30 October

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Miami Valley Municipal Court Finder (by Dayton DUI)

Posted by Dayton DUI

in Ohio Cities, Ohio Counties

If you are arrested for OVI in the Miami Valley, your case will most likely be heard in a municipal court. Click on the below links to access the municipal court's web site . If you need to find a qualified OVI attorney, check out www.DaytonDUI.com or contact Charles M. Rowland II HERE.Montgomery County Municipal CourtsMontgomery County Municipal Court (Eastern Division) Montgomery County Municipal Court (Western Division) Dayton Municipal Court Kettering Municipal Court Oakwood Municipal Court Miamisburg Municipal Court Vandalia Municipal CourtGreene County Municipal CourtsFairborn/Beavercreek Municipal Court Xenia Municipal CourtClark County Municipal Court (covering all of Clark County, Ohio)Clark County Municipal CourtMiami County Municipal Court (covering all of...

29 October

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

Posted by Dayton DUI

in DUI Process

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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