08 November

Sticky

Speeding in Ohio – What is the Law?

SPEEDING: What is the law?The speed law is set forth at Ohio Revised Code 4511.21. It states:(A) No person shall operate a motor vehicle, trackless trolley, or streetcar at a speed greater or less than is reasonable or proper, having due regard to the traffic, surface, and width of the street or highway and any other conditions, and no person shall drive any motor vehicle, trackless trolley, or streetcar in and upon any street or highway at a greater speed than will permit the person to bring it to a stop within the assured clear distance ahead.The law goes on...

07 November

0 Comments

Sticky

Driving Under the Influence of ADD/ADHD (by DaytonDUI)

Posted by Dayton DUI

in DUI Law

To be diagnosed with ADD/ADHD, a person has to demonstrate an inability to complete divided-attention testing. In 2009, the Centers for Disease Control reported that 9.5 percent of children in the United States had ADHD, up from the previous survey. The trend has not gone unnoticed amongst the insurance industry who reported at the 162 annual meeting of the American Psychiatric Association in May 2009 that:28 percent of adult drivers with ADHD reported receiving a citation withing the prior twelve months. 34 percent reported being in an auto collision. 44 percent reported either a citation or a collision.The standardized field sobriety tests...

31 October

0 Comments

Sticky

Halloween DUI Crackdown (by Dayton DUI)

Posted by Dayton DUI

in News, Uncategorized

The Ohio State Highway Patrol has announced a DUI enforcement initiative as part of the Drive Sober or Get Pulled Over campaign which will coincide with the Halloween holiday. 79 local law enforcement agencies have planned more than 1,700 hours of enforcement as well as at least 14 checkpoints and more than 1,000 hours of saturation patrols around the state. As Halloween gains in popularity as a celebration, police are vigilant in patrolling the highways for impaired drivers. “There isn’t a Halloween costume clever enough to hide a drunk driver who’s made the dangerous decision to get behind the wheel,” said...

30 October

0 Comments

Sticky

Miami Valley Municipal Court Finder (by Dayton DUI)

Posted by Dayton DUI

in Ohio Cities, Ohio Counties

If you are arrested for OVI in the Miami Valley, your case will most likely be heard in a municipal court. Click on the below links to access the municipal court's web site . If you need to find a qualified OVI attorney, check out www.DaytonDUI.com or contact Charles M. Rowland II HERE.Montgomery County Municipal CourtsMontgomery County Municipal Court (Eastern Division) Montgomery County Municipal Court (Western Division) Dayton Municipal Court Kettering Municipal Court Oakwood Municipal Court Miamisburg Municipal Court Vandalia Municipal CourtGreene County Municipal CourtsFairborn/Beavercreek Municipal Court Xenia Municipal CourtClark County Municipal Court (covering all of Clark County, Ohio)Clark County Municipal CourtMiami County Municipal Court (covering all of...

29 October

0 Comments

Sticky

Will I Have “Party Plates?” (by DaytonDUI)

Posted by Dayton DUI

in DUI Process

If you thought that public shaming was a barbaric practice relegated to the distant past, you have not been driving through Ohio. Ohio was the first state in the country to adopt a form of public humiliation by adopting special license plates for drunk driving offenders. Use of the "scarlet letter" plates became mandatory in 2004. O.R.C. 4507.02(F)(2) and 4503.231. These bright yellow plates with prominent red lettering (often referred to as party plates) are an indelible record of your offense and will not be easily forgotten by friends, family, customers and clients. At DaytonDUI we are opposed to "branding,"...

26 October

0 Comments

Sticky

New Carlisle, Ohio OVI Checkpoint (October 26, 2012)

Posted by Dayton DUI

in Checkpoints

The Clark County OVI Task Force will conduct a sobriety checkpoint to deter, and intercept drunk drivers. The checkpoint will be held on Friday, October 26, 2012. The checkpoint will be located at 603 S. Main St. in New Carlisle and the checkpoint will be starting at 9:00 p.m. in the evening.In addition, the Ohio State Highway Patrol will be conducting an OVI Checkpoints in Cuyahoga and Lorain Counties this weekend. At this time we have no additional checkpoints planned in the Miami Valley.If you want to receive updated information on sobriety checkpoints, enhanced traffic enforcement, saturation patrols and other important developments that affect...

24 October

0 Comments

Sticky

Stop & Sniff Case Law Update (by DaytonDUI)

Posted by Dayton DUI

in DUI Law

In Kirtland Hills v. Medancic, 2012-Ohio-4333, a recent case out of the Eleventh District Court of Appeals, the Court reaffirmed the principle that just because a police officer smells alcohol on a driver does not mean that the police officer has reasonable and articulable suspicion to continue the detention of the driver and/or remove that driver to administer standardized field sobriety tests. One of the major decision points in the OVI arrest process is the officer’s decision to remove a suspect from his or her car and conductstandardized field sobriety testing. The officer is trained to arrive at this “decision point” by conducting an interview and...

12 October

0 Comments

Sticky

Ohio OVI Law: Ignition Interlock Devices FAQ

Posted by Dayton DUI

in Uncategorized

Q. What is the law?Ohio's Ignition Interlock Device Law is set forth at Ohio Revised Code 4501.45(E), which states: “Ignition interlock device” means a device certified by the director that connects a breath analyzer to a motor vehicle’s ignition system, that is constantly available to monitor the concentration by weight of alcohol in the breath of any person attempting to start the motor vehicle by using its ignition system, and that deters starting the motor vehicle by use of its ignition system unless the person attempting to start the vehicle provides an appropriate breath sample for the device and the...

11 October

0 Comments

Sticky

Standardized Field Sobriety Tests: The One Leg Stand Test

Posted by Dayton DUI

in DUI Law

The Standardized Field Sobriety Tests (SFST) are a battery of three tests administered and evaluated in a standardized manner to obtain validated indicators of impairment and establish probable cause for arrest. These tests were developed as a result of research sponsored by the National Highway Traffic Safety Administration (NHTSA) and conducted by the Southern California Research Institute. A formal program of training was developed and is available through NHTSA to help law enforcement officers become more skillful at detecting DWI suspects, describing the behavior of these suspects, and presenting effective testimony in court. Formal administration and accreditation of the program is provided through the...

09 October

0 Comments

Sticky

Lawyer Up! Invoke Your Right To Remain Silent (by DaytonDUI)

Posted by Dayton DUI

in Uncategorized

The Fifth Amendment to the U.S. Constitution provides that no person shall be compelled in any criminal case to be a witness against himself. At trial, the prosecution can neither call the defendant as a witness, nor comment on the defendant's failure to testify. Whether to testify or not is exclusively the privilege of the defendant. Harris v. N.Y., 401 U.S. 222,225 (1971). Outside the context of detention or arrest, a person has no duty to answer any questions of police at all; and if judicial compulsion is sought by the State, the person still can invoke his Fifth Amendment...

springfield Tag

I support The Substance Abuse Prevention Institute