08 May

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DUI Science: How To Read The Correlation Studies in the NHTSA Manual

Researchers at the National Highway Traffic Safety Administration (NHTSA) have created a booklet for law enforcement called “Guide for Detecting Drunk Drivers at Night.” This guide sets forth some of the most common and reliable indicators of drunk driving. The list divides driving behaviors into four areas of clues that officers are trained to look for: Maintaining Lane Position, Speed and Braking, Vigilance, and Judgment. The following is a list of symptoms in descending order of probability that the person observed is at or above a .10% BAC, thus statutorily driving while intoxicated.Turning with a wide radius Straddling center of lane marker “Appearing to be...

04 May

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Commercial Driver’s License Disqualification in Ohio

Posted by Dayton DUI

in DUI Law

You will lose your Ohio CDL for one year if convicted of any of the following offenses:Driving any vehicle with a blood alcohol count (BAC) of 0.08% or higher Driving a commercial motor vehicle (CMV) with a BAC of 0.04% Refusing to submit to a sobriety test Leaving the scene of an accident Using the vehicle to commit a felony Driving a commercial motor vehicle (CMV) with a suspended, revoked or canceled CDL Causing a fatality through negligent drivingSerious Offenses, These violations include:Speeding 15 mph over the posted speed limit Reckless driving Improper lane changes Following a vehicle too closely Driving a CMV without holding a CDL Driving a CMV without having...

30 April

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Invalid Consent Leads To Exclusion Of Blood Test

Posted by Dayton DUI

in DUI Law, DUI Process

If your DUI case involves an automobile accident, you may be taken to the hospital. In this setting it is likely that an investigating officer will request a sample of your blood. Frequently, the issue of consent will be raised. Your Ohio DUI lawyer can challenge the validity of the consent and whether or not the consent was made knowingly and voluntarily. These issues were recently addressed in State v. Rawnsley, 2011-Ohio-5696.On April 24, 2010, Defendant Ann Rawnsley was involved in a two-car accident which resulted in sufficient injuries that she was removed to Miami Valley Hospital by ambulance. Injuries to...

29 April

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DaytonDUI, Defending a Breath Test Case

Posted by Dayton DUI

in DUI Process

"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 "...

25 April

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Driving While High?

Posted by Dayton DUI

in Drugs & Alcohol

[caption id="" align="alignright" width="256" caption="3D rendering of the THC molecule "][/caption]Today, 90 million Americans have the right to access medical marijuana when they are seriously ill. Ohioans will consider the passage of a medical marijuana bill this fall. As more states decriminalize and legalize marijuana, law enforcement is scrambling to deal with what it warns will be a dramatic increase in driving while stoned. What can we expect?LAW ENFORCEMENT RESPONSE. Many states have adopted a specified training regimen for law enforcement officers. This protocol allows officers to testify as to specific observations of marijuana impairment. Drug Recognition Experts (DRE) are trained to...

18 April

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Admissibility of the Standardized Field Sobriety Tests – Statutory Rules

Posted by Dayton DUI

in DUI Law

Ohio Revised Code 4511.19(D)(4)(b) sets forth the law on admissibility of the standardized field sobriety tests in Ohio. It reads, in pertinent part: (b) In any criminal prosecution or juvenile court proceeding for a violation of division (A) or (B) of this section, of a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, or of a municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum...

16 April

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“Hiding the Ball” in Ohio DUI Cases

Posted by Dayton DUI

in DUI Law

ODH and the Disappearing Intoxilyzer 8000 RecordsOne of the proposed benefits of the adoption of the Intoxilyzer 8000 was to be the consolidation of breath test records in one place. Previously, breath test records were maintained by the individual police departments. Implementation and maintenance of the Intoxilyzer 8000 is the responsibility of the Ohio Department of Health and specifically the ODH's Bureau of Alcohol and Drug Testing. The Ohio Department of Health has started a web site containing all information about breath tests in the state, called the Breath Instrument Data Center. [HERE] Records were to be available on-line and...

20 March

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You Have The Right To Remain Silent

Posted by Dayton DUI

in Ohio Criminal Law

We frequently encounter jurisdictions that conduct "interviews" with a suspect following an arrest. These interviews are carefully crafted checklists that gather incriminating statements related to the elements of the crime and further attempt to limit mitigating factors which your attorney may later wish to assert. The questions typically seek to establish that the suspect was "operating" the vehicle. Officers will also ask what the person had to eat and drink, when, where and how much. Medical issues, mental issues, eye health, and other questions seek to limit the suspect's ability to later assert a defense to the clues of impairment...

17 March

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St. Patrick’s Day OVI Checkpoints in Clark, Greene, Montgomery & Shelby Counties

Posted by Dayton DUI

in Checkpoints, News, Uncategorized

This is going to be an active weekend for law enforcement with every jurisdiction reporting increased patrols. There will also be OVI checkpoints in Greene, Clark, Shelby and two in Montgomery County. Details of the locations and times will be updated at this blog posting as we get them [so check back often]. Here's what we know so far:Clark County (Springfield): There will be an OVI checkpoint operated tonight from 6pm until 10pm at St. Rt. 40 and St. Rt. 68 in Springfield. The checkpoint is in conjunction with the Ohio State Highway Patrol and the Clark County Combined DUI...

12 March

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2011 OVI Statistics (from the Ohio State Highway Patrol)

Posted by Dayton DUI

in Uncategorized

On Friday, the Ohio State Highway Patrol released a "Traffic Safety Bulletin" containing the statistics for OVI-related arrests and crashes [available HERE]. Some of the highlights...

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