26 May

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Microbial Contamination of the Blood Draw

With recent changes in Ohio OVI law, attorneys should expect more blood test cases. Blood cases present the opportunity for multiple scientific defenses, but only if we recognize them and present them in a coherent manner before our judges. Many of these scientific defenses can arise from problems in the blood draw. If the blood draw is flawed microorganisms may contaminate the blood sample. If this happens sugars (natrually present in the blood) can be converted into ethanol, resulting in a fasley high test. Candida albicans is a yeast that lives on just about everything and is resistant to most...

24 May

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Horizontal Gaze Nystagmus; terms at a glance

Posted by Dayton DUI

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Image via WikipediaDayton DUI Attorney Charles M. Rowland is the only attorney in Ohio to hold certification in Forensic Sobriety Assessment and he has been trained in the administration and evaluation of the Standardized Field Sobriety Tests in the same methods that law enforcement officers are trained to use. Because of this training he is qualified to challenge the administration of the Horizontal Gaze Nystagmus (HGN) test at a motion to suppress hearing or at your DUI trial. The HGN is a test of your eyes wherein the testing officer is looking for abnormal movements call saccades. ...

19 May

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Standardized Field Sobriety Tests

Posted by Dayton DUI

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The Standardized Field Sobriety Test (SFST) is 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....

16 May

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Ohio DUI Law: Failure to File a Motion To Suppress

Posted by Dayton DUI

in DUI Law

Should You File A Motion to Suppress?In State v. Thomas, 2011-Ohio-1987 (2nd Dist. Ct. App. 2011), the Defendant was convicted of felony OVI after a jury trial. No motion to suppress was filed and it was determined during the jury trial that the officer wasn't sure whether he turned off his overhead lights during the horizontal gaze nystagmus portion of the standardized field sobriety tests, but stated that it was normal to do so. An argument exists that doing the test in this manner should result in suppression of the test as the phenomenon of optokinetic...

06 May

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Reasonable & Articulable Suspicion

Posted by Dayton DUI

in DUI Law

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 E and end with P); a Countdown test (count out loud backward starting with 68 and ending...

27 April

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Challenging the Standardized Field Sobriety Tests

Posted by Dayton DUI

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Did the Officer Conduct A Pre-Test Medical Check? Prior to the administration of the Horizontal Gaze Nystagmus (HGN) test, an officer is required to examine a subject's eyes to assess for possible medical impairment. (NHTSA Student Manual, 2006 ed. VIII-5) The examining officer should look atPupil size; Resting Nystagmus; Tracking AbilityIf any of these are present they should be noted and the test should be aborted.Resting Nystagmus is "referred to as a jerking of the eyes as they look straight ahead. (NHTSA Student Manual, 2006 ed., VIII-4) Officers are trained that if they see resting nystagmus "[i]ts presence usually indicates a...

13 April

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Standardized Field Sobriety Tests: What to Expect

Posted by Dayton DUI

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Here is a VIDEO explanation of the Standardized Field Sobriety Tests from a live drinking session conducted by the Daytona Police Department. Ohio DUI lawyer Charles M. Rowland has been certified in the administration and evaluation of the Standardized Field Sobriety Tests by attending the same National Highway Transportation Safety Administration class that is taken by law enforcement officers. If you find yourself in need of an aggressive DUI attorney, contact Charles M. Rowland II at www.DaytonDUI.com, by calling 937-318-1DUI (318-1384) or 1-888-ROWLAND. ...

12 April

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Rowland Earns Forensic Sobriety Assessment Certification

Posted by Dayton DUI

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This month, Charles M. Rowland II was re-certified as Ohio's only DUI attorney credentialed in Forensic Sobriety Assessment. "FSA certification requires working knowledge of the scientific principles and research relating to sobriety testing in a DWI / DUI stop, including:The scientific literature on indications of intoxication such as red eyes and slurred speach NHTSA's Standardized Field Sobriety Tests (SFSTs) Testing concepts: Reliability and validity Diagnostic statistics: False positive rates, sensitivity, specificity, etc. Experimental design issues relevant to sobriety test studies Statistical concepts such as correlation, statistical significance, and effect size Visual science pertaining to the Horizontal Gaze Nystagmus (HGN) ...

25 March

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Standardized Field Sobriety Training Coming to Columbus in May

Posted by Dayton DUI

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If you want to stay on the cutting edge of DUI defense, please consider attending the May 20-22 Standardized Field Sobriety Practitioner Course which will be held in the Columbus, Ohio Renaissance Hotel. The course is led by Dr. Lance Platt and is the only SFST class in the country "designed it specifically for attorneys seeking to evaluate the strengths or weakness of a DWI case." "If there were such a title as "Master Instructor" for the SFST or DRE program, Lance is THE Master. His qualifications speak for themselves, but it is his manner and personality that make him truly exceptional as a...

03 March

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Standardized Field Sobriety Tests: Validity

Posted by Dayton DUI

in DUI Law

WHEN ARE THE STANDARDIZED FIELD TESTS VALID? The standardized field sobriety tests, as set forth in the National Highway Traffic Safety Administration Student Manual (Feb. 2006 ed.), are described in Session VIII. The NHTSA manual provides the standards upon which every law enforcement officer is trained. One important piece of information about standardization is included in the manual which may help the DUI practitioner provide context to a jury.Perhaps the most important statement about standardization can be found at VIII-19 which states: IT IS NECESSARY TO EMPHASIZE THIS VALIDATION APPLIES ONLY WHEN:THE TESTS ARE ADMINISTERED IN THE PRESCRIBED STANDARDIZED MANNER THE STANDARDIZED CLUES...

Field Tests (SFSTs) Tag

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