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Dayton DUI Attorney Charles Rowland > Posts tagged "springfield" (Page 12)

Ohio DUI Law: Admissibility of the Standardized Field Sobriety Tests

Ohio Revised Code 4511.19(D)(4)(b) sets forth the standards for admissibility of the results of field sobriety tests in OVI (drunk driving) prosecutions.  See State v. Bozcar, 113 Ohio St. 3d 148, 2007-Ohio-1251, 863 N.E.2d 115 (2007).  In order for the tests to be admissible, the State must demonstrate:By clear and convincing evidence. The Officer administered the tests in substantial compliance. The testing standards for any reliable, credible, and generally accepted test. Including, but not limited to, the standards set by NHTSA.The only guidance provided for determining the meaning of "substantial compliance" has come from State v. Burnside, 100 Ohio St. 3d 152, 2003-Ohio-5372...

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Ohio DUI Law Update: Appellate Court Upholds Intoxilyzer 8000

In the first appellate decision involving the Intoxilyzer 8000, Ohio's 12th District Court of Appeals ruled that tests should be allowed despite the plain language of the Ohio Administrative Code.  The ruling is the first setback to defense attorneys (like me!) who have challenged the implementation of the machine in Ohio.  The case is State v. Kormos, 2012-Ohio-3128 and you can read the full decision HERE.At issue was Ohio Administrative Code section 3701-53-04 which incorporates the new rules for calibrations of the Intoxilyzer 8000. See O.A.C. 3701-53-04(B) as set forth below.  The “new” standards “automatically perform a dry gas control test before...

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Ohio Boating Law and Boating Under the Influence

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...

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Madison County OVI Checkpoint (6/29/12)

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...

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

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...

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Ohio DUI Law: Probation

If you are charged with a DUI (now called OVI; operating a vehicle impaired) chances are you will be placed on probation at the disposition of your case.  Probation is now called "community control" and provides for terms and conditions you must comply with in order not to go to jail.  Probation requires you to work with a "probation officer" (P.O.) for a given period of time as set by the court.  Often, a court will only keep you on probation until you have paid all fines and costs and complied with the requirements of your punishments.  In most courts,...

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Ohio Commercial Driver Law: An Overview

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...

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Defending An OVI: The Hematocrit Defense

How bloody is your blood?  To answer this question we look at your hematocrit.  The hematocrit is the number expressing the cell volume of blood (the size and number of red blood cells in proportion to the rest of the blood).  As humans, we all have a natural variation in our hematocrit.  Healthy men have a natural variance from 40.7% to 50% and healthy women have a natural variance from 36.1% to 44.3%.  The hematocrit level is a moving target.  Illness, hydration and stress can cause variations in the hematocrit level. The hematocrit level affects all breath tests by governing how...

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Clark County, Ohio OVI Checkpoint Tonight (6-8-12)

There will be an OVI sobriety checkpoint tonight in Clark County, Ohio beginning at 6:00 pm on St. Rt. 235 just south of Mussellman Rd.  News stories do not give an end time for the checkpoint, saying that it will run through the night.  The DUI checkpoint will be conducted by the Clark County OVI Task Force.  The Clark County OVI Task Force  is made up of the Clark County Combined Health District, Springfield Police Division, Clark County Sheriff’s Office, the Ohio Highway Patrol, the Ohio Department of Transportation, Clark County EMA, Springfield Fire and Rescue Box 27, Ohio Investigative Unit and police departments in North Hampton,...

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Ohio DUI Law: Is Duress An Affirmative Defense To An OVI?

Duress was asserted as an affirmative defense in Cleveland v. Chambers, 1984 WL 5006 (Ohio Ct. App. 8th Dist. Cuyahoga County 1984).  In that case, the accused was robbed in a parking lot and told to "get out of here" by the perpetrator who took the extra step of following him in a separate car.  The police found the defendant when he subsequently crashed his car.  The defendant was charged with OVI.  Even under these extreme circumstances, the court found the defendant's apprehensions "did not create a circumstance where [he] had no control over his actions nor where he was...

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