Optokinetic Nystagmus can occur when the Horizontal Gaze Nystagmus Test is given in the proximity of rapidly moving lights or in the presence of strobe-like effects. DUI attorneys often see the lights from a police car create an optokinetic effect similar to that described in the video....
Continue reading[caption id="" align="alignright" width="168" caption="Image by erjkprunczyk via Flickr"][/caption]Tomorrow, I will leave for South Carolina to attend the most recent National Highway Transportation Administration (NHTSA) Student class on the Standardized Field Sobriety Tests. This is the same training that police officers receive in their ADAP training. This training will allow me to augment my knowledge of the field tests and be able to offer my clients the best in DUI/OVI representation. This is in keeping with my commitment to be the very best DUI/OVI attorney that I can be.-Charles M. Rowland II-...
Continue readingState v. Verity, 2010-Ohio-1151, 2009CA00156 (OHCA5) This case originated in the Massillon Municipal Court. Verity was arrested for OVI and at the motion to suppress, the Trooper testified that he administered the Standardized Field Sobriety Tests according to NHTSA guidelines but he did not testify as to what those guidelines are. The trial court overruled the Motion to Suppress and Verity appealed to the Fifth District. Shot down, right? No, the judgment was reversed. "Appellant claims the trial court erred in finding the standardized field sobriety tests were conducted in substantial compliance with the National Highway Traffic and Safety Administration (NHTSA)...
Continue readingWhen an officer strays from the training provided in the National Highway Transportation Safety Administration manual, he or she may as well be asking a person to perform stupid human tricks; like in this clip from The Man with Two Brains, featuring Steve Martin....
Continue readingState v. Reed, 2010-Ohio-299 (OH2)Reed was arrested at approximately 12:45a.m. on February22, 2009, by Kettering Police Officers Schomburg and Woolf. Officer Schomburg testified that he and Officer Woolf were both in a UDF store on Stroop Road, in Kettering, and that: “We were just standing there talking, having a cup of, cup of hot chocolate; and then Patricia Wolfe, who’s a clerk at UDF she came running toward us and said that the defendant just bought some alcohol, bought some beer, and when he was leaving, he was stumbling, and he had a very, very strong odor of alcohol. She said...
Continue readingGeneva v. Fende, 2009-Ohio-6380, 2009-A-0023 (OHCA11)Criminal Appeal from the Ashtabula County Court, Western Division, Case No. 2008 TRC 2112. Lauren A. Gardner, City of Geneva Law Director, For Plaintiff-Appellant. Daniel J. Kolick and Michael T. Schroth, Kolick & Kondzer, For Defendant-Appellee. OPINIONCYNTHIA WESTCOTT RICE, J.{¶1} Appellant, the city of Geneva, appeals the judgment of the Ashtabula County Court, Western Division, granting appellee Nicole M.Fende's motion to suppress. At issue is whether police had reasonable suspicion to subject her to an investigative stop. Because we hold appellee's stop was not warranted, we affirm.{¶2} Appellee was charged in the trial court with operating a motor...
Continue readingImage by stirwise via FlickrTuesday, March 14, 2006 (http://www.washingtonpost.com/wp-dyn/content/article/2006/03/13/AR2006031301315.html)· Sleep researchers have reported an unusual number of incidents of sleepwalking in people taking Ambien, the top-selling sleep aid in the U.S. The Food and Drug Administration has received similar reports. Some incidents involve eating or driving while asleep; some have led to criminal charges. No conclusive link between the drug and the incidents has been established.· Ambien maker Sanofi-Aventis says the side effect is rare and the medication is safe and effective when used as directed. The label strongly cautions patients not to use alcohol while taking the drug.· Sleep...
Continue readingThe National Highway Transportation Administration must be testing some new Standardized Field Sobriety Tests in this video...
Continue readingHere is a good example of how to fail the "walk the line" standardized field sobriety test. If you find yourself in need of a qualified and aggressive DUI (now called OVI; operating a vehicle impaired) contact Charles M. Rowland II at 937-879-9542....
Continue reading[caption id="" align="alignright" width="180" caption="Forced Blood Draws"][/caption]A law that will go into effect Tuesday, Sept. 30, states drivers with prior DUI offenses who are suspected of driving while drunk must take a breath-alcohol test. If drivers refuse, authorities can take them to get a mandatory blood or urine test. The law intends to help prosecutors in cases of repeat offenders and deter drunken driving. Repeat offenders used to be able to refuse a breath-alcohol test. www.DaytonDailyNews.com If you find yourself facing a DUI/OVI charge in the Miami Valley, contact Charles M. Rowland II at 937-318-1DUI or 1-888-ROWLAND. ...
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