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Dayton DUI Attorney Charles Rowland > Posts tagged "springfield" (Page 20)

Residual Mouth Alcohol, Slope Detectors and the 20 Minute Observation

One of the most prevalent causes of error in breath-alcohol analysis is the presence of alcohol in the mouth.  This residual mouth alcohol (hereinafter R.M.A.) contaminates the expired breath captured by the machine and elevates the test results radically.  The BAC Datamaster’s computer is programmed to assume that a breath test reading is 100% deep-lung (alveolar) air.  This captured “deep-lung” air is then multiplied by 2100 pursuant to the accepted and scientifically defensible partition ratio.[1] Using these built-in assumptions it is evident that a very small amount of undigested (or trapped) alcohol can have a disproportionate impact on the reading.At...

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Dayton DUI on YouTube

Image via CrunchBaseClick HERE to visit our YouTube Channel. Throughout the coming year we will be bringing our message of DUI defense to you via YouTube.  The first postings, dealing with my credentials and the court process, are already up and running.  As with all the information I provide, I hope that you are empowered to choose an OVI attorney who will serve your needs and protect your rights.If you have any ideas about topics you would like me to post about, please contact me at (937) 318-1384 [937-318-1DUI], 888-769-5263 [888-ROWLAND] or visit our sites.  Thank you to all of those...

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Off-Road & Private Property Reckless Operation

If you operate a vehicle in willful or wanton disregard of the safety of persons or property on private property, you may be charged with a violation of Ohio's off-road reckless operation statute.  Ohio Revised Code 4511.201 reads, in pertinent part,Ohio Code 4511.201 - Operation off street or highway in willful or wanton disregard of the safety of persons or property (A) No person shall operate a vehicle, trackless trolley, or streetcar on any public or private property other than streets or highways, in willful or wanton disregard of the safety of persons or property.This section does not apply to the...

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Clark County OVI Checkpoint: July 1, 2011

Sobriety Checkpoint in EnonThe Clark County OVI Task Force announced it will conduct a sobriety checkpoint today as part of its “July 4 Holiday Crackdown.” The checkpoint will be at 10 p.m. on East Main Street in Enon.  The roadblock is set to augment increased DUI saturation patrols across Clark County and state-wide. Springfield  DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver.  He has the credentials and the experience to win your case and has made himself Clark County's choice for DUI defense.  Contact Charles Rowland by phone...

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July 4th OVI Checkpoints in Clark and Montgomery County

Today, the Ohio State Highway Patrol announced that OVI checkpoints will be held in Clark County and Montgomery County over the 4th of July holiday.  We will keep you informed of times and locations as this information becomes available.  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...

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Dayton DUI Law: The GERD Defense

Regurgitation and Reflux are not the same thing!  Reflux is the movement of ethanol vapor back up the esophagus from the stomach which has the ability to contaminate a breath sample.  The defendant who suffers from Gastroesophageal Reflux Disease (GERD) will not exhibit outward signs of distress or other signs which a breath testing technician would likely notice.  The surging ethanol vapor can cause an elevated reading on an evidential breath testing device.  The elevated test can appear following a valid and conscientious observation period.  Because the evidential breath testing device cannot distinguish contaminated air from deep-lung alveolar air, it...

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DUI on a Bicycle

Where you ride your bicycle will determine whether or not you can be charged with an Ohio DUI. Ohio's drunk driving statute (O.R.C. 4511.19) prohibits operating a vehicle under the influence "anywhere in the state."  This makes the DUI statute unique because offenses such as driving under suspension (O.R.C. 4507.02) and driving without a license (O.R.C. 4510.12) require the offense to occur on a public highway or on areas open to the public.  In State v. Carr, 1999 WL 1314672 (Ohio Ct. App. 11th Dist. Lake County 1999), a person was convicted of drunk driving in his own back yard.  But...

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Fatigue and the Horizontal Gaze Nystagmus Test

Can simple fatigue explain a person's poor performance on the Horizontal Gaze Nystagmus test?  According to recent studies the answer is yes.  Here is a link to the first formal study demonstrating that the smooth pursuit portion of the HGN test is affected by fatigue, http://iospress.metapress.com/content/8758844418248700.  The study found that sleep deprivation impaired smooth pursuit. Quoting from the study's abstract: Our findings showed that sleep deprivation deteriorated smooth pursuit gain, smooth pursuit accuracy and saccade velocity. Additionally, the ratio between saccade velocity and saccade amplitude was significantly decreased by sleep deprivation. However, as the length of sleep ...

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Ohio Speeding Law Update: Laser Guns & Admissibility

Great Speeding Decision from the 12th Appellate District In State v. Starks, 2011-Ohio-2344 the Defendant was stopped for a speeding violation  in a construction zone and went to trial pro se. He objected to any testimony regarding a laser gun.  The trial court took judicial notice of the reliability of the laser gun and the defendant was convicted.  He appealed to the 12th District Court of Appeals and his conviction was reversed.  The Court ruled, Although the underlying principles of laser technology may be the same from one device to another, generally judicial notice as to the reliability of a...

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Are We One Step Closer to Killing State v. Vega?

Most challenges to a breath testing instrument in Ohio are limited by a 1984 Ohio Supreme Court ruling (State v. Vega) that held that once the Ohio Department of Health certifies a machine, it becomes valid and the defendant loses the ability to argue defenses based on the underlying science of the machine.  This author has made it a long-standing goal to fight this case and has done so for over 10 year.  Well, a case out of Athens may represent a crack in the dam.  The story is from the Columbus Dispatch.Breath-tester’s reliability challenged in hearingSaturday, May 28, 2011...

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