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Field Tests (SFSTs) Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "Field Tests (SFSTs)" (Page 9)

DUI LAW: Once There Was A Place Called Camelot

Image by Mr Mo-Fo via FlickrDON'T LET IT BE FORGOT, THAT ONCE THERE WAS A SPOT, FOR ONE BRIEF SHINING MOMENT, THAT WAS KNOWN AS CAMELOT. In State v. Homan, 89 Ohio St.3d 421, 2000-Ohio-212, 732 N.E.2d 952 (2000),  the Ohio Supreme Court ruled in favor of requiring the government to strictly comply with the standardized testing procedures set forth in the National Highway Traffic Safety Administration (hereinafter NHTSA).  NHTSA is the government agency tasked with determining what quasi-scientific tests are indicative of alcohol impairment.  The court concluded that "even minor deviations from the standardized procedures can severely...

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Arrested for OVI in Ohio? How You Act is Important

Your behavior with law enforcement can be vital to the officer's decision making. Investigating officers are given a great deal of discretion in handling any situation. They may simply be seeking information to put in their report or they may be deciding whether or not to issue a citation. At the initial stage you must know your rights in order to protect yourself and, if necessary, aid your attorney in presenting your case to a jury. At this point it is vital to remember anything you say or do will be used against...

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Dayton DUI/OVI Defense for the Juvenile Defendant

Under 21 DUIs (Operating a Vehicle After Underage Consumption) Ohio has declared "WAR" on underage drinking by passing a series of laws designed to present a "zero tolerance" policy toward under 21 DUI/OVI.  If you are under 21 and test over .02% blood alcohol concentration (BAC) you can face penalties including up to 5 years without a driver's license, as well as up to 30 days in jail and a $250 fine.  An underage DUI (called OVUAC, or, "operating after underage consumption") can have consequences on academic/athletic scholarships, college admission, sports eligibility,job opportunities and may present other harsh unintended consequences.  Given...

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Aggravated Vehicular Homicide, a definition

If you've been arrested on charges of aggravated vehicular homicide, it's essential to talk to an attorney about your case before talking to investigators. To schedule a confidential consultation to discuss your case contact Charles Rowland at 937-318-1DUI (318-1384).  Charles Rowland, "All I Do is DUI defense."[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption]Aggravated Vehicular Homicide, O.R.C. 2903.06,  is a crime that results from the death of another caused by the defendant's operating a vehicle while impaired (a violation of R.C. 4511.19)  or while driving negligently or recklessly.  The statute  encompasses driving an automobile recklessly or negligently (called Vehicular...

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Driving Under the Influence of Drugs (DUID)

Image via Wikipedia“When compared to alcohol, cannabis is detected far less often in accident-involved drivers.  Drummer et al. (2003) cited several studies and found that alcohol was detected in 12.5% to 79% of drivers involved in accidents.  With regard to crash risk, a large study conducted by Borkenstein, Crowther, Shumate, Zeil and Zylman (1964) compared BAC in approximately 6,000 accident-involved drivers and 7,600 nonaccident controls.  They determined the crash risk for each BAC by comparing the number of accident-involved drivers with detected levels of alcohol at each BAC to the number of...

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How Does A Sobriety Check Point Operate?

There are three stages to a sobriety checkpoint. “As traffic goes through the initial checkpoint, everybody stops,” explained Summit County Sergeant Todd Belcher from State Highway Patrol. “Every vehicle is checked. We have about five officers on the roadway. We refer to this as ‘the line.’”If the vehicle is diverted, they are questioned further. “They ask them a few more questions to see if they still detect the odor or any other signs of impairment. They would probably do standardized sobriety field testing which included checking of the eyes, and the one legged stand test. If there is probable cause...

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Horizontal Gaze Nystagmus Test

Q. Why did the officer test my eyes with a pen?A. Officers look for a fluttering of the eyeball which, believe it or not, is indicative of alcohol consumption.  Officers look for a "distinct and sustained nystagmus" at "maximum deviation."  The video depicts one of the six clues that law enforcement are trained to look for in administering the horizontal gaze nystagmus test (the HGN or eye test).  Charles M. Rowland has received the same training as a police officer in administering and evaluating the Standardized Field Sobriety Tests (including the HGN) and he is the only attorney in the...

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Detecting Drunk Drivers at Night

Use Their Science Against ThemImage via WikipediaOur friends at the National Highway Traffic Safety Administration (NHTSA) have created a booklet for law enforcement called "Guide for Detecting Drunk Drivers at Night."  This guide sets forth some of the most common and reliable indicators of drunk driving, such as: Turning with a wide radius; Straddling the center or land etc.  What's more, they have assigned a probability of intoxication to each of the indicators.  For example, a person who turns with a wide radius will have a blood-alcohol concentration of .10 or higher 65 out of 100 times.  A person...

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Dayton DUI Defense Attorney Earns Certification

Dayton DUI defense attorney Charles M. Rowland II has earned certification in the administration and evaluation of standardized field sobriety tests by attending the Standardized Field Sobriety Testing Certification Student Course (NHTSA Course). This training course certified Charles Rowland in the most current NHTSA approved SFST training curriculum. This is the same NHTSA SFST training course that law enforcement officers are trained in nationwide and testify to in court. Certified attorneys are trained in: Perspectives on recognizing driving behavior exhibited by impaired drivers; Attitudes and skills in detecting the impaired driver; Understanding the tasks...

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Why the HGN Test is Fraudulent

Officers Get It Wrong 95% of the Time![caption id="" align="alignright" width="240" caption="Statue personifying "SCIENCE""][/caption]The most important scientific study of the Horizontal Gaze Nystagmus test undertaken by someone not associated with the government is J. Booker, The Horizontal Gaze Nystagmus Test: Fraudulent Science in American Courts, 44 Science and Justice 3 at 133 (July 2004).  The biggest takeaway for DUI attorneys is that the study revealed that the HGN test was improperly administered in the field 95% of the time. (95%!)Booker goes on to argue that the test was rushed into the field without proper scientific scrutiny, applying five hallmarks...

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