29 August

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DaytonDUI And The Continuing Problems With the Intoxilyzer 8000

The implementation of the Intoxilyzer 8000 continues to be an embarrassment to all Ohioans. Not only is the machine rife with problems, but the Ohio Department of Health has botched both the writing of the rules of implementation. Now they plan on shutting down the key component of the Intoxilyzer 8000 scheme, the Breath Instrument On-line Database. The shutdown is due to complications, missing tests and disappearing data. This raises the question as to how the Ohio Department of Health will prove that they maintain three (3) years of data/subject tests as required by law. Likewise, they are unable to...

28 August

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DaytonDUI and the Cowboy Code of Conduct

Posted by Dayton DUI

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I came across this "Code of the West" some years ago. It has been a constant source of guidance in both my personal and professional dealings. Attorneys could do worse than to live by this code in our profession and our dealings with clients.Code of the West (from "Cowboy Ethics: What Wall Street Can Learn from the Code of the West" by James P. Owen) Live each day with courage. Take pride in your work. Always finish what you start. Do what has to be done. Be tough, but fair. When you make a promise, keep it. Ride for the brand. Talk less and say more. Remember that some things aren't...

24 August

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The 47 Types & 38 Causes of Nystagmus; (It’s Not Just Caused by Alcohol)

Posted by Dayton DUI

in Uncategorized

The horizontal gaze nystagmus test is an eye test approved by the National Highway Traffic Safety Administration(hereinafter NHTSA) as a tool to detect clues of impairment in drivers. The HGNtest is one of three psychomotor tests approved as part of the standardized field sobriety testing protocol employed by law enforcement officers throughout the United States and used here in Ohio. The HGN is a test of your eyes wherein the testing officer is looking for abnormal movements call saccades. These movements make the eye appear to bounce or wobble. The officer uses this movement to make a correlation to alcohol use. This would valid only if we are...

31 July

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Ohio DUI Law: What is an “Alford” Plea

Posted by Dayton DUI

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An “Alford plea” is a specialized type of guilty plea when the defendant, although pleading guilty, continues to deny his or her guilt but enters the guilty plea because the defendant believes that the offered sentence is better than what the outcome of a trial is likely to be. State v. Schmidt, 3d Dist. No. 10- 10-04, 2010-Ohio-4809, ¶13. See, also, State v. Piacella (1971), 27 Ohio St.2d 92, 271 N.E.2d 852. The term “Alford plea” originated with the United States Supreme Court's decision in North Carolina v. Alford (1971), 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162, wherein...

17 July

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DUI Blood Tests: Whole Blood vs. Serum/Plasma

Posted by Dayton DUI

in DUI Process

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...

02 July

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Ohio Boating Law and Boating Under the Influence

Posted by Dayton DUI

in Uncategorized

Ohio is cracking down on impaired boaters following a report from the United States Coast Guard which says Ohio is tied with Illinois with 18 alcohol-related accidents last year and trailed only Florida and Wisconsin, which had 25 and 19 respectively. Alcohol is the leading contributing factor in fatal boating accidents, and was the leading factor in 16 percent of recreational boating deaths last year, according to the Coast Guard. Alcohol was a factor in five boating deaths and 21 injuries in Ohio in 2011. In response, the Ohio Department of Natural Resources’ Division of Watercraft is joining units throughout...

29 June

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Madison County OVI Checkpoint (6/29/12)

Posted by Dayton DUI

in Checkpoints, News, Uncategorized

Madison County will have a checkpoint Friday night along U.S. Route 42 in conjunction with the London Police Department and the Ohio State Highway Patrol. It will be from 9 pm to 1 am. If you want to receive updated information on sobriety checkpoints, enhanced traffic enforcement, saturation patrols and other important developments that affect you, sign up for text alerts on the main page of this blog. Text alerts will be sent directly to your mobile device/smartphone in the location you choose in the Miami Valley. In the past month we have alerted our followers to the State Route 35 traffic initiative...

29 June

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Ohio DUI Update: State Patrol Participates in the Six-State Trooper Project

Posted by Dayton DUI

in News, Uncategorized

Expect to see a heightened OVI presence across six states this weekend. Ohio State Highway Patrol troopers will join forces with other members of the 6-State Trooper Project to prevent driving while intoxicated on June 29 and 30. The 6-State Trooper Project is a multi-state law enforcement partnership focused on providing coordinated law enforcement and security services in highway safety, criminal patrol and intelligence sharing. The OVI enforcement initiative will include Ohio State Highway Patrol, Indiana State Police, Kentucky State Police, Pennsylvania State Police and the West Virginia State Police. Ohio troopers will focus on high OVI-related crash areas and oversee OVI...

20 June

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Ohio Commercial Driver Law: An Overview

Posted by Dayton DUI

in DUI Law

I Fight For Commercial DriversOhio Revised Code 4506.16 sets for the ways that you can be disqualified or lose your commercial driver's license.4506.16(D)(5) If you are convicted of two "serious traffic violations" within a three (3) year period, your commercial driver's license will be suspended for sixty (60) days. 4506.16(D)(6) If you are convicted of three "serious traffic violations" within a three (3) year period, you commercial driver's license will be suspended for 120 days.If you receive a conviction of any of the following, your commercial driver's license will be suspended for one year:4506.15(A)(2) You have a BAC of .04% or...

29 May

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Warren County Partnership Targets Drug Traffickers

Posted by Dayton DUI

in Drugs & Alcohol, DUI Process, Ohio Counties, Ohio Criminal Law

The Warren County Drug Task Force announced a new partnership with the Ohio Highway Patrol Thursday to help combat the flow of drugs running through Warren County on Interstates 75 and 71. According to the joint agreement, a sergeant and two troopers with narcotic canines from the highway patrol will work with Warren County Deputy Brian Lewis and his two canines. The agencies will also share information and other resources. If you are a constant reader of this blog you have followed the proliferation of stories wherein the Ohio State Highway Patrol has shifted focus to drug interdiction. What impact...

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