a

Facebook

Twitter

Copyright 2019 Dayton DUI.
All Rights Reserved.

9:00 - 17:00

Our Opening Hours Mon. - Fri.

Facebook

Twitter

Search
OVI Menu
 

Standardized test Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "Standardized test"

Ohio DUI Defense: The Top 10 DUI Defenses

Your Ohio DUI defense attorney should be familiar with these "TOP 10" defenses to an Ohio DUI.1. Hire The Best DUI Attorney: The most important decision that you can make in defending your case is hiring the right Ohio DUI defense attorney.  Ohio DUI defense involves understanding Ohio's DUI law, the Ohio Administrative Code, the breath test device, standardized field sobriety testing (administration and interpretation) and all manners of science which may affect your case.  Ohio DUI defense begins with an attorney who has the experience to fight your case, the scientific knowledge to attack in the right places, and the skill...

Continue reading

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...

Continue reading

Standardized Field Sobriety Tests: Validity

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...

Continue reading

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...

Continue reading