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Dayton DUI Attorney Charles Rowland > Posts tagged "springfield" (Page 14)

DUI Case Law Update: State v. Houck

 State v. Houck, 2011-Ohio-6359, In State v. Houck, the Fifth District Court of Appeals upheld a decision of the lower court on defendant's Motion to Suppress.  The issue involved an arrest for OVI which was made after an officer alleged the defendant was weaving within his lanes and crossing the center line ONCE.  Just one problem.  When the video was viewed at the motion to suppress hearing, no weaving and no crossing of the center line was observed.  "In this case, the video tape introduced at trial affirmatively demonstrates Appellee’s vehicle did not appear to swerve back and forth and does not...

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DUI and Ohio Boating Laws

Boating Season Is Approaching Which Means Increased Watercraft Patrols.Boating Under the Influence is illegal in Ohio. 2001 Sub. S.B. 123, eff. 1-1-04 sought to unify the drunk driving provisions with Ohio’s boating laws.   O.R.C. 1547.11(A)(1)  to O.R.C. 1547.11(A)(6) prohibit a person from operating or being in physical control of a vessel underway or manipulating water skis, aquaplanes, or similar devices while under the influence of alcohol or drugs.O.R.C. 1547.11(A)(1) is the impairment provision of the law, preventing operation or physical control while under the influence.  The law also has a provision preventing operation with a prohibited level of alcohol...

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MADD Fights For DADDS Technology Study In Senate Transportation Bill

In a great article in Politico, Kathryn Wolfe describes the fight brewing between MADD and the opponents of their latest prohibition technology - DADDS.  MADD has been working with major insurance companies and automobile manufacturers to get a passive alcohol system (called DADDS) as mandated equipment in every automobile in the world.  In 2008, at MADD’s urging, the Automotive Coalition for Traffic Safety entered into a $10 million agreement with the federal government to develop such a technology. This system would  search every driver (not just convicted DUI offenders) every single time they started their car.  This year, MADD's power as...

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You Have The Right To Remain Silent

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...

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

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...

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Thomas More, A Man For All Seasons

In the wonderful play by Robert Bolt, A Man for All Seasons, we meet Sir Thomas More, Lord Chancellor in the Court of King Henry VIII.  As an attorney and judge, More did much to strengthen the power of the jury by instituting reforms that both made the jury system more fair and strengthened the court in opposition to the growing power of the King.  In the play, when the King begins to alter the rule of law to accomodate his divorces and remarriages, More refuses to assent.  He loses his position and is eventually arrested and tortured for his...

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The Prescription Drug Defense

While many people think of impaired driving as involving alcohol, we are increasingly seeing people accused of being impaired by prescription drugs.  Clients are surprised to learn that the same harsh penalties that apply to alcohol impairment also apply to prescription drug impairment.  You need an attorney who knows how to fight a drugged driving case.Drugged driving cases involving prescription drugs present a problem for law enforcement as indicators of prescription drug use are less apparent.  The standardized field sobriety tests are crude tools for detecting alcohol and may be useless in determining prescription drug impairment.  Challenging the officer's observations...

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Ohio DUI Law: Your Right To A Speedy Trial

Your right to a speedy and public trial is enshrined in the Bill of Rights.  The Sixth Amendment to the United States Constitution provides, "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of...

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Ohio Has Declared War on Drunk Drivers

In 1982, Ohio declared “WAR” on drunk driving.  Since that time Ohio has devised one of the toughest DUI systems in the nation.  By creating a civil penalty called an automatic license suspension, even a first time DUI results in an immediate loss of your “right” to drive.  A conviction can result in a jail sentence ranging from the mandatory minimum three days to a maximum of six months and a minimum fine of $375.00 up to $1,075.  Conviction of a first time DUI will result in a license suspension lasting from six months to three years.  If a driver...

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