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Dayton DUI Attorney Charles Rowland > Posts tagged "traffic law" (Page 12)

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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Evidential Breath Testing: Ohio Administrative Code 3701-53-01

Image via WikipediaIn Ohio, the Director of Health adopts Administrative rules which govern analytical testing for evidential use.  It is important that your Ohio DUI attorney understand these codes and how they affect your breath test results.  O.A.C. 3701-53-01 sets forth the methods or techniques which are approved to test blood, breath, urine or other bodily substances.  One of the things your OVI attorney should not overlook is the requirement in section (B) which requires the testing facility to have a copy of the written procedure manual on file in the area where the analytical tests are performed. 3701-53-01 Techniques or methods.(A)...

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CDL Disqualifications in Ohio

If you have a commercial driver’s license an Ohio DUI charge can have devastating effects on your career.  Often clients who hold a commercial driver’s license fail to understand that Ohio’s OVI laws can affect your livelihood even if you receive a drunk driving charge while you are not operating a commercial vehicle.  If you plead guilty, or are found guilty, of an OVI (drunk driving) offense your commercial driver’s license will be taken away for one year.  If you are a second-time OVI offender, an Ohio OVI will result in an indefinite revocation of your CDL.  What is more, a court cannot give you...

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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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“Pull Over for Cops” Law Challenged

In Ohio you are required, upon approaching a law enforcement vehicle with its lights displayed, to proceed with caution and with due regard to weather and traffic conditions, change lanes if possible.  If you cannot merge then you are required to proceed with caution.  Anyone who has seen those horrific videos of officers being hit by oncoming cars understands the necessity and sanity of this law.Not pulling over can also serve as probable cause to stop a vehicle. State v. Korman, 11th Dist., 2006-Ohio-1795.  Further, even if an officer is not able to observe a traffic infraction, he or she...

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Ohio Court of Appeals Decides Obscured License Plate Case

Partially Obscured License No Basis For Continued Detention Once Obstruction Removed On a snowy January 29, 2010, Lakewood police observed a 2003 gray Mitsubishi Eclipse driving down the middle of a street due to snow banks on either side of the road.  The officer decided to follow the car and observed that he could not read the license plate because it was partially obscured by snow.  After initiating a traffic stop the officer testified that the snow either fell off or he brushed it off and was able to read the license plate.  The officer made contact with the driver who...

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Dayton OVI Checkpoint Tonight (August 20, 2011)

There will be another OVI checkpoint in Montgomery County tonight.  The checkpoint will be on North Main St. in Dayton near Hillcrest Dr.  The increase d patrols will run through September 5th.  The State Highway Patrol plans to operate 27 sobriety checkpoints throughout the state on Friday through Sunday, said Lt. Anne Ralston, a patrol spokeswoman.  This operation is in conjunction with the national NHTSA-sponsored initiative called “Drive Sober or Get Pulled Over.”  Thanks to another grant from the NHTSA, the patrol expects to operate about 100 checkpoints this year, about double the number run last year. In addition to grants,...

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OVI Checkpoints in Multiple Counties Planned Through Labor Day

Hear ye, hear ye! Ohio's Checkpoint Weekend Has Begun The State Highway Patrol plans to operate 27 sobriety checkpoints throughout the state on Friday through Sunday, said Lt. Anne Ralston, a patrol spokeswoman.  This operation is in conjunction with the national NHTSA-sponsored initiative called "Drive Sober or Get Pulled Over."  Thanks to another grant from the NHTSA, the patrol expects to operate about 100 checkpoints this year, about double the number run last year. In addition to grants, the patrol is using its nearly $450,000 to pay overtime hours to run alcohol-enforcement efforts, including the checkpoints and extra “saturation” patrols that cruise roadways...

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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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Rules for Driving in an Ohio Construction Zone

Here is the law regarding increased penalties for committing an offense in a designated construction zone.O.R.C. 5501.27 Increased penalties for traffic violations in construction zone.(A) The director of transportation shall adopt rules that do the following:(1) Rules governing the posting of signs advising motorists that increased penalties apply for certain traffic violations occurring on streets or highways in a construction zone;(2) Rules governing the posting of signs to be used pursuant to section 2903.081 of the Revised Code giving notice to motorists of the prohibitions set forth in sections 2903.06 and 2903.08 of the Revised Code regarding the death of...

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