27 January

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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...

25 January

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MADD’s “In-Car Searches Will Be Ready in 8 to 10 Years”

Posted by Dayton DUI

in DUI Process

In 2006, MADD, the government, Mothers Against Drunk Driving and members of the automotive industry created a panel to encourage and support the development of new technology that would stop drivers from operating a vehicle if drunk. The result was DADSS or Driver Alcohol Detection System for Safety. DADSS uses tissue spectrometry, a technology that employs an estimation of alcohol in tissue through detection of light absorption and distant spectrometry which uses part of the infrared light spectrum to detect alcohol concentration in the drivers's breath. In 2008, at MADD’s urging, the Automotive Coalition for Traffic Safety entered into a...

23 January

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Big 4th Amendment Win In The United State Supreme Court

Posted by Dayton DUI

in DUI Law, Ohio Criminal Law

Today the Supreme Court of the United States unanimously held that attaching a GPS device to a vehicle and using that GPS device to monitor the movements of the vehicle constitutes a "search" under the Fourth Amendment. Read the decision in United States v. Jones, here. This decision was one of the most anticipated cases in this Supreme Court term and had many civil liberties proponents holding their breath. Associate Justice Antonin Scalia said that the government’s installation of a GPS device, and its use to monitor the vehicle’s movements, constitutes a search, meaning that a warrant is required. “By...

20 January

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Arrested for DUI in Xenia or Bellbrook?

Posted by Dayton DUI

in Ohio Cities

IF YOU ARE ARRESTED IN XENIA, CEDARVILLE OR BELLBROOK? Start here. Xenia Municipal Court, and the honorable Michael Murry, has jurisdiction over OVI/DUI violations of any ordinance of any municipal corporation within its territory. The Xenia Municipal Court has jurisdiction for the cities of Xenia and Bellbrook; the villages of Yellow Springs, Cedarville, Jamestown, Spring Valley, and Bowersville; and the townships of Sugarcreek, Xenia, Cedarville, New Jasper, Silvercreek, Ceasarcreek, Miami, Jefferson, Ross, and Spring Valley. The Court’s jurisdiction also includes four college campuses: Central State University, Wilberforce University, Cedarville College, and Antioch College. Law enforcement agencies located within the jurisdiction of the...

18 January

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Are We Living In The Good ‘Ole Days?

Posted by Dayton DUI

in Ohio Criminal Law

Reduced Crime Rates Recall Golden Era For the past twenty years the United States has been living through a phenomenon. In a recent Washington Post editorial, Chales Lane wrote, Between 1991 and 2010, the homicide rate in the United States fell 51 percent, from 9.8 per 100,000 residents to 4.8 per 100,000. Property crimes such as burglary also fell sharply during that period; auto theft, once the bane of urban life, dropped an astonishing 64 percent. And FBI data released Dec. 19 show that the trends continued in the first half of 2011. With luck, the United States could soon equal its...

09 January

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Rowland Named a Fellow to the American Bar Foundation

Posted by Dayton DUI

in Uncategorized

Charles M. Rowland II of Fairborn, Ohio has been selected to be a Fellow to the American Bar Foundation. The Fellows is an honorary organization of attorneys, judges, law faculty, and legal scholars who have been elected by their peers to become members of The Fellows. They have demonstrated outstanding achievements and dedication to the welfare of their communities and to the highest principles of the legal profession. The Fellows support the research work of the American Bar Foundation through their annual contributions and sponsor seminars and events of direct relevance to leaders of the legal profession.Established in 1955,...

03 January

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New Year’s Eve By The Numbers

Posted by Dayton DUI

in Ohio Cities

According to this storyin the Dayton Daily News, New Year's Eve was safe. "There were relatively few OVI arrests, and the Dayton Daily News had received no reports of traffic fatalities directly attributed to drunken driving Saturday night as of Sunday afternoon." The most active State Highway Patrol Post was Montgomery County which made seven OVI arrests over the weekend. Miami County OSP made three arrests, Warren County OSP made one and Greene County made no OVI arrests over the New Year's Eve weekend. "Police departments from Beavercreek to Vandalia and down through Franklin also reported an uneventful New Year’s...

29 December

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DUI Patrols To Increase For New Year

Posted by Dayton DUI

in Announcements

Today the Ohio State Highway Patrol issued a statement on its web site announcing its "Drive Sober or Get Pulled Over" efforts will be stepped up throughout the New Year Holiday. The statement reads, "[w]ith the upcoming New Year’s Holiday, the Patrol is urging motorists to not get behind the wheel impaired. During last year’s holiday reporting period of Midnight on December 30, 2010, through 11:59 p.m. on January 2, 2011 – 10 people lost their lives on Ohio’s roadways, with 70 percent of these deaths involving an impaired driver."DUI attorney Charles M. Rowland II dedicates his practice to defending...

27 December

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Ohio State Highway Patrol Reports A Safe Holiday Weekend

Posted by Dayton DUI

in Announcements

During this past holiday reporting period of Midnight, December 23 through 11:59 a.m. on December 26, eight people were killed, with one death attributed to impaired driving. This represents a nearly 43 percent decline in fatalities from last year when 14 people were killed and the lowest amount of Christmas Holiday fatalities in the past four years. In addition, Patrol OVI arrests increased more than 28 percent. For a complete statistical recap of the Patrol’s Holiday enforcement visit http://statepatrol.ohio.gov/doc/christmas_2011.pdfOhio is on pace to see a decline in the number of people killed on Ohio’s roadways in 2011, after experiencing a...

22 December

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OSP Announces Increased Holiday Patrols

Posted by Dayton DUI

in Uncategorized

Today, the Ohio State Highway Patrol released two press releases announcing they will be out in force this holiday season. You may have noticed the ubiquitous "Drive Sober or Get Pulled Over" commercials and increased law enforcement presence along our roadways. Through December 11, troopers have arrested 1,383 more drivers for OVI than during the same period in 2010. Last year fatalities increased to 1,080 over a record low of 1,022 in 2009. With the upcoming holidays, the Patrol is reminding drivers that this can be one of the most dangerous times of the year due to an increase in impaired...

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