20 May

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Infrared Spectroscopy and the Falsely High Breath Test (by DaytonDUI)

The Intoxilyzer 8000 operates using the scientific principle of infrared (IR) spectroscopy, which identifies molecules based on the way they absorb infrared (IR) light. More specifically, when molecules in a breath sample are exposed to IR light the way they vibrate changes due to the bending of the (C-O, O-H, C-H, C-C) bonds. Each type of bond absorbs light at a known wavelength, thus the amount of IR absorption identifies a substance as ethanol and how much ethanol is in the sample.But here’s the rub… The machine can identify any compound containing a methyl group molecular structure as ethanol thereby...

18 May

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Ohio State Highway Patrol Announces “All Out” Initiative

Posted by Dayton DUI

in DUI Law, DUI Process

May 18th is "All Out" Day for the Ohio State Highway Patrol The Ohio State Highway Patrol will be conducting an “All Out Day” on May 18, in which all sworn officers from all ranks will be patrolling Ohio roads in an effort to reduce fatal and injury crashes. The initiative, which serves as a high visibility enforcement effort, is not only a deterrent for crash causing violations, but also calls attention to dangerous driving behaviors. Troopers warn Ohio motorists that, "with the onset of warm weather and an increase in fatalities, it is more important than ever to make sure motorists are...

14 May

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DUI And The College Student

Posted by Dayton DUI

in Uncategorized

If you get a DUI while attending an Ohio college or university the effects can be devastating. It is vital that you speak to an attorney prior to making any legal decision that can affect your future. Too many frightened and overwhelmed students choose to just plead guilty not knowing the life-long consequences their actions can have.In a National Highway Traffic Safety Administration (NHTSA) survey, 44% of college students reported binge drinking at least once in the two weeks prior to being surveyed. 19% reported frequent binge drinking, and more than half of those admitted to drinking and driving in the 30...

14 May

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Click It Or Ticket Set To Begin

Posted by Dayton DUI

in DUI Process

Just as the swallows return every year to the Mission San Juan Capistrano, California, so to does the return spring bring us "Click -it or Ticket." Click It or Ticket is a nationwide seat belt enforcement campaign aimed at reducing the number of highway fatalities and injuries due to non-seat-belt use. The mobilization is conducted annually by the U.S. Department of Transportation’s National Highway Traffic Safety Administration in conjunction with law enforcement agencies, State Highway Safety Offices, and traffic safety advocates. This year the Click-it-or-Ticket kick-off will be at Dayton's Dragon Stadium at 220 N Patterson Blvd, May 14, 2012. The Montgomery...

08 May

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DUI Science: How To Read The Correlation Studies in the NHTSA Manual

Posted by Dayton DUI

in DUI Law

Researchers 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. The list divides driving behaviors into four areas of clues that officers are trained to look for: Maintaining Lane Position, Speed and Braking, Vigilance, and Judgment. The following is a list of symptoms in descending order of probability that the person observed is at or above a .10% BAC, thus statutorily driving while intoxicated.Turning with a wide radius Straddling center of lane marker “Appearing to be...

29 April

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DaytonDUI, Defending a Breath Test Case

Posted by Dayton DUI

in DUI Process

"I'll Huff and I'll Puff and Blow Your House Down" Did you know that your breathing pattern can significantly alter the concentration of alcohol on your evidential breath test? According to scientific research, "[t]he subject's test manner of breathing just prior to providing breath for analysis can significantly alter the concentration of alcohol in the resulting exhalation." (Jones, 1982, Schoknecht, 1989) as cited in Physiological Aspecs of Breath-Alcohol Measurement, Alcohol Drugs & Driving Vol. 6, No. 2, A.W. Jones.Hyperventilation "...

19 April

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Where Are the Speed Cameras/Red-Light Cameras in Dayton?

Posted by Dayton DUI

in DUI Law, DUI Process, Ohio Cities, Ohio Counties

This blog has documented the outrage caused by Dayton's adoption of speed and red-light cameras. Today, in an article by former Montgomery County Common Pleas A.J. Wagner, the Dayton City Paper takes on the red-light and speed cameras. As we have put forth here, the red-light and speed cameras are an affront to our presumption of innocence and a bald attempt at letting private companies make money by exploiting citizens. The problems lie in the process. "Once caught, a letter is mailed to the vehicle owner. Violators are given 15 days to appeal, but never see a judge or a courtroom. About...

18 April

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Admissibility of the Standardized Field Sobriety Tests – Statutory Rules

Posted by Dayton DUI

in DUI Law

Ohio Revised Code 4511.19(D)(4)(b) sets forth the law on admissibility of the standardized field sobriety tests in Ohio. It reads, in pertinent part: (b) In any criminal prosecution or juvenile court proceeding for a violation of division (A) or (B) of this section, of a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, or of a municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum...

04 April

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The Reality of an Ohio DUI Arrest

Posted by Dayton DUI

in DUI Process

You are out to dinner with friends and you decide to have a couple of beers. On the way home you see police lights in your rearview mirror. The officer approaches and says, “I noticed that your license plate light was not working.” You remember that the news announced a major “saturation patrol” was taking place and that officers were pulling people over for any conceivable reason. You tell the officer that you only had a couple of beers. “Sir, could you please step out of the car.” The officer puts you through a series of difficult, confusing and humiliating...

28 March

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MADD Fights For DADDS Technology Study In Senate Transportation Bill

Posted by Dayton DUI

in DUI Law

In a great article in Politico, Kathryn Wolfe describes the fight brewing between MADD and the opponents of their latest prohibition technology - DADDS. MADD has been working with major insurance companies and automobile manufacturers to get a passive alcohol system (called DADDS) as mandated equipment in every automobile in the world. In 2008, at MADD’s urging, the Automotive Coalition for Traffic Safety entered into a $10 million agreement with the federal government to develop such a technology. This system would search every driver (not just convicted DUI offenders) every single time they started their car. This year, MADD's power as...

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