07 November

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

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...

23 October

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Ohio DUI Law: Reasonable and Articulable Suspicion

Posted by Dayton DUI

in DUI Law

What Level of Proof Does Law Enforcement Need to Pull You From Your Car For Standardized Field 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 conduct standardized field sobriety testing. The officer is trained to arrive at this “decision point” by conducting an interview and using specific “pre-exit interview techniques” which include asking for two things simultaneously; asking interrupting or distracting questions; and asking unusual questions. (NHTSA Student Manual VI-4). Additional techniques which an officer may employ include and Alphabet test (begin with...

11 October

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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...

03 October

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Ohio OVI Law: The Coming DRE Expert

Posted by Dayton DUI

in Drugs & Alcohol, DUI Law

Ohio is making the transition to using the Drug Recognition Expert protocol in apprehending and prosecuting impaired drivers. DRE refers not only to the officers themselves, but to the 12-step procedure that these officers use. DRE was developed by police officers from the Los Angeles (California) Police Department. In 1979, the Drug Recognition program received the official recognition of the LAPD. On October 22, 2010, Ohio became the 48th state to be accepted into the International Association of Chiefs of Police's (IACP) Drug Evaluation and Classification Program (DECP). Once approved by the IACP's DECP Highway Safety Committee, Ohio was eligible to...

25 September

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Are the Standardized Field Sobriety Tests Fair to Fatter People?

Posted by Dayton DUI

in DUI Law

Being overweight can impact your performance on the standardized field sobriety tests. The government agency tasked with verifying the validity of the standardized field sobriety tests is the National Highway Traffic Safety Administration (hereinafter NHTSA). NHTSA concedes that being fifty or more pounds overweight affects performance on the one-leg stand test; a test requiring the suspect to raise a foot off the ground and stand on one foot for 30 seconds. See NHTSA, DWI Detection and Standardized Field Sobriety Testing, Participant's Manual (2006), re: WAT at VIII-11, re: OLS at VIII-13. Id. re: 50 lbs at VIII-13. In older versions...

17 September

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Proof Beyond All Reasonable Doubt And Other Closing Arguments (by DaytonDUI)

Posted by Dayton DUI

in DUI Law

Imagine that you woke up with a sore throat. It persists throughout the day and into the next. As the week drags on you feel worse and worse and your wife demands that you go to the doctor. You hate doctors, but you feel so lousy that you agree to get your throat checked out. When you arrive you fill out the requisite forms and wait longer than you feel is necessary. Just as you are nearing your boiling point a nurse calls your name and leads you into a small room. You tell her that you've had a sore...

11 September

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Greene County (Beavercreek) OVI Checkpoint Tonight (Sept. 11, 2012)

Posted by Dayton DUI

in Checkpoints

Law enforcement officials will conduct a rare weekday OVI checkpoint along Indian Ripple Rd., in front of the Greene from 8pm until midnight. The checkpoint will be conducted by the Ohio State Highway Patrol in conjunction with local police support. You should expect that the OVI checkpoint will be accompanied by saturation patrols.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...

10 September

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Illegal Police Stops (by DaytonDUI)

Posted by Dayton DUI

in DUI Law

Protecting You From Illegal Police Stops! The Fourth Amendment of the United States Constitution protects you against unreasonable searches and seizures, which includes being unlawfully or illegally pulled over or stopped by law enforcement. An officer cannot simply pull you over based on a hunch or intuition. When a police officer observes a traffic violation, he or she is justified in initiating a limited stop for the purpose of issuing a citation. State v. Brickman(2001), 11th Dist. No. 2000-P-oo58, 2001 Ohio App. LEXIS 2575. The legal standard applied to traffic stops is reasonable and articulable suspicion, which means that the officer has reason to...

24 August

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The 47 Types & 38 Causes of Nystagmus; (It’s Not Just Caused by Alcohol)

Posted by Dayton DUI

in Uncategorized

The horizontal gaze nystagmus test is an eye test approved by the National Highway Traffic Safety Administration(hereinafter NHTSA) as a tool to detect clues of impairment in drivers. The HGNtest is one of three psychomotor tests approved as part of the standardized field sobriety testing protocol employed by law enforcement officers throughout the United States and used here in Ohio. The HGN is a test of your eyes wherein the testing officer is looking for abnormal movements call saccades. These movements make the eye appear to bounce or wobble. The officer uses this movement to make a correlation to alcohol use. This would valid only if we are...

17 July

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DUI Blood Tests: Whole Blood vs. Serum/Plasma

Posted by Dayton DUI

in DUI Process

Ohio Administrative Code 3701-53-03(A) sets forth the techniques and methods for determining the concentration of alcohol in blood, urine and other bodily substances. Pursuant to that rule, Ohio allows for testing including gas chromatography and enzyme assays. To challenge a blood test, it is important to know if the State has tested the blood as whole blood or as serum/plasma. Operation with a concentration of alcohol is prohibited if the concentration in whole blood is equal to or exceeds .08%, R.C. 4511.19(A)(1)(b). However, the prohibited concentration for whole blood is a concentration equal to or exceeding .096%, R.C.4511.19(A)(1)(c). The high...

Field Tests (SFSTs) Tag

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