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Dayton DUI Attorney Charles Rowland > Posts tagged "springfield" (Page 5)

Arrested for DUI? You Are Innocent.

If you tell your friends that you were arrested for punching someone in the face, their overwhelming reaction will be, "Wow, what happened?"  If, however, you tell them that you were arrested for DUI, those same friends will say, "Oh, I'm so sorry."  What is the difference?  When a person is facing a DUI charge, guilt is assumed.  How in the world did this happen?  How did our presumption of innocence, so valued in the American tradition of law, become so cheapened?  Perhaps we can look to the politically charged nature of the crime of drunk driving.  We can blame...

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Did You Sign The Ticket? (by DaytonDUI)

An often-overlooked piece of exculpatory evidence is your signature. When the officer has read and explained your rights prior to conducting an evidential breath test, he or she will ask you to sign a form entitled the  BMV Form 2255 Notice of Administrative License Suspension.  Under Ohio Revised Code 4511.192 (A) "The officer SHALL give that advice in a written form that contains the information described in division (B) of [that] section and SHALL read the advice to the person. The form shall contain a statement that the form was SHOWN to the person under arrest and read to the person by...

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The Limits 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 insubstantial 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 (2003), wherein the court indicated that errors that...

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DUI Breath Test Defense: Core Body Temperature as a Defense to a Breath Test

Took the Breath Test and wondering if you still have a case?   The cornerstone of evidential breath testing is the scientific principle called Henry's law, named after pioneering chemist William Henry in 1803.  Henry's Law states, At a constant temperature, the amount of a given gas that dissolves in a given type and volume of liquid is directly proportional to the partial pressure of that gas in equilibrium with that liquid. In evidential breath testing, Henry's Law allows the machine to assume it can measure the alcohol (ethanol)  in your breath as a ratio to the ethanol in your blood.  That is why...

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OVI Trial Strategy: The Cop Was Not A Liar (by DaytonDUI)

Most Americans trust and respect police officers.  If you think that you will be able to go into a courtroom and overcome this ingrained belief you are, most of the time, dead wrong.  Americans do not like drunk drivers.  If you think that you can win an OVI case by calling the police officer a liar, you will probably lose.  One of the biggest mistakes an attorney can make is to position your case so that the jury must choose between believing the officer's version of events or your version of events.  Jury verdict research suggest a modified approach.The officer...

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Defending The Accusation Of Slurred Speech (by DaytonDUI)

A very common observation by law enforcement in an impaired driving investigation is the presence of "slurred speech."  Experience trial counsel will look to the totality of evidence to combat the damning accusation of slurred speech.Many traffic stops are now captured on video tape.  As the quality of the recordings has improved we are often able to hear exactly what the officer is hearing.  Reasonable people can disagree as to whether or not the speech on a video is "slurred" and whether or not it was fair for the officer to describe the speech as slurred.  Another, more subtle method...

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Aggravated Vehicular Homicide, O.R.C. 2903.06

Aggravated Vehicular Homicide, O.R.C. 2903.06,  is a crime that results from the death of another caused by the defendant's operating a vehicle while impaired (a violation of R.C. 4511.19)  or while driving negligently or recklessly.  The statute  encompasses driving an automobile recklessly or negligently (called Vehicular homicide) whether or not alcohol played a part in the death.  Often, defendants are indicted for multiple counts, with additional counts for each victim of the accident.Under the reckless section of the statute you will be found guilty of a third degree felony which rises to a second degree felony if the driver is...

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Save Your CDL (by DaytonDUI)

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...

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Springfield, Ohio OVI Attorney

If you have been arrested for OVI in Springfield, Ohio, your misdemeanor OVI case will be heard in the Clark County Municipal Court.   If you need to find information about a case in theClark County  Municipal Court you can search HERE for case information/case look-up,  or visit the court’s web site HERE.Charles M. Rowland II has represented the accused drunk driver in Springfield and the Clark County Municipal Court for over fifteen years.  Charles Rowland dedicates his practice to OVI law and has some of the most impressive credentials for OVI attorneys in the state of Ohio.  If you find yourself in need of criminal representation in the Clark County Municipal Court, contactSpringfield DUI Attorney Charles M. Rowland II today! You...

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The Problems With Portable Breath Tests (by DaytonDUI)

In possibly the best article you will ever read on portable breath testing, DUI attorneys Justin McShane and Josh Lee describe the portable breath test devises which are used by the Ohio State Highway Patrol as a "potentially dangerous, non-specific and non-selective measures at roadside."  You can find the article HERE and in the Voice for the Defense. The Problems of Fuel Cell Devices1.1. Lack of Specificity20 for EthanolAs PBTs are used for purportedly forensic purposes, their specificity for ethanol becomes a critical factor. The electrochemical detector is not specific for ethanol.21 Indeed, there is “much evidence to show” they are actually not...

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