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Field Tests (SFSTs) Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "Field Tests (SFSTs)" (Page 7)

DUI Video Explains Ohio State Highway Patrol Procedures

This video, from the Ohio State Highway Patrol, gives a great basic introduction to matters such as Standardized Field Sobriety Tests, OVI Checkpoints and the procedures the Ohio State Highway Patrol uses to investigate drunk driving offenses. DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro, Huber Heights, Oakwood, Beavercreek, Centerville and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or...

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DUI and the Standardized Field Sobriety Tests – An Introduction

Here is an introduction to the Standardized Field Sobriety Tests administered by police to determine whether or not probable cause exists for an arrest.  For more information on the standardized field sobriety tests, please click on the link to the right.  If you have specific questions, contact DUI attorney Charles M. Rowland II at (937) 318-1384 [318-1DUI] or at 1-888-769-5263 [888-ROWLAND]....

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DUI Science: Fat vs. Thin/Man vs. Woman/Young vs. Old

After consuming alcohol, will a fat person or a thin person have a lower BAC? Alcohol loves water and will move into spaces where water is the most prevalent.  Fatty portions of the body have a low water content and absorb little of the alcohol, while muscular portions of the body have a high water content and absorb much alcohol.  As it is carried to all parts of the body by the blood, the alcohol distributes itself in proportion to the water content of the various parts of the body.  It is the presumed relationship between the amount of alcohol in...

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Morphine, Heroin and the Horizontal Gaze Nystagmus

In the past years, my office has seen an increase in the number of “drugged” driving cases we receive. While arrests for marijuana make up the vast majority of those cases, we are also seeing a dramatic rise in prescription drug cases along with traffic stops implicating harder drugs such morphine and heroin.As with other impaired driving cases, it is vital that you know the observations that would be consistent with impairment by that drug.  It is also vital that you determine if the “standardized field sobriety test” protocol adopted in Ohio is applicable in recognizing clues of impairment due...

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Standardization Vital to Validity of Field Tests

The Importance of Standardization The validity of Standardized Field Sobriety Tests results is dependent upon practitioners following the established, standardized procedures for test administration and scoring. NHTSA's SFST Student Manual states that the procedures demonstrated in the training program describe how SFSTs should be administered under ideal conditions, but that ideal conditions do not always exist in the field. Variations from ideal conditions, and deviations from the standardized procedures, might affect the evidentiary weight that should be given to test results.Courts in several states have reviewed the admissibility of field sobriety tests that assess physical coordination and have held that deviations in the...

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Distracted Driving or Drunk Driving?

Often, an officer's testimony of erratic driving is the most devastating piece of evidence against a person charged with DUI.  Just as often, DUI defense attorneys will overlook this evidence or make the decision not to cross examine on the issue, lest attention of the bad driving be highlighted before the jury.  This article will examine ways to attack "bad driving" and place it in a proper context so that the jury will see the defendant's actions as normal.Distracted driving has become a major issue in America.  Newer cars are loaded with complex audio systems, compact disc changers, navigation systems,...

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Reasonable Articulable Suspicion & Illegal Police Stops

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...

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Driving Under the Influence of Ecstasy

Driving Under the Influence of Drugs in Ohio"Ecstasy," 3,4-Methylenedioxymethamphetamine (MDMA) is popular among recreational drug users ages 17-25 who take the drug to experience heightened responsiveness to intimate touch, increased sexual stimulation, increased energy, elevated self-esteem and euphoria.  Several recent studies have attempted to define MDMA/ecstasy impairment:Nichols, "Differences Between the Mechanism of Action of MDMA, MBB and the Classic Hallucinogens, Identification of a New Therapeutic Class: Entactogens," 18 J. Psychoactive Drugs 305 (1986); Parrott & Lasky, "Ecstasy (MDMA) Effects Upon Mood and Cognition: Before, During and After a Saturday Night Dance," 139 Psychopharmacology, 261 (1998); McCann et al., "Cognitive Performance in (+3,4-Methylenedioxymethamphetamine...

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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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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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