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traffic law Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "traffic law" (Page 13)

Limited Driving Privileges

The Limits on Limited Driving PrivilegesRevised Code 4510.021 authorizes courts to grant "limited driving privileges." The Ohio General Assembly  has taken steps to restrict when a court can grant privileges.   A court cannot grant you driving privileges under the following circumstances: (1) If you have been charged with an OVI or OVUAC the legislature has enacted "hard-time" during which the court cannot grant you privileges.  In effect, they are acting to restrict a court from conforming with the American principle that you are innocent until proven guilty.  This author has taken the position that the ability to drive is a right...

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Distracted Driving or Drunk Driving?

Often, an officer's testimony of erratic driving is the most devastating piece of evidence against a person charged with DUI.  Just as often, DUI defense attorneys will overlook this evidence or make the decision not to cross examine on the issue, lest attention of the bad driving be highlighted before the jury.  This article will examine ways to attack "bad driving" and place it in a proper context so that the jury will see the defendant's actions as normal.Distracted driving has become a major issue in America.  Newer cars are loaded with complex audio systems, compact disc changers, navigation systems,...

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Off-Road & Private Property Reckless Operation

If you operate a vehicle in willful or wanton disregard of the safety of persons or property on private property, you may be charged with a violation of Ohio's off-road reckless operation statute.  Ohio Revised Code 4511.201 reads, in pertinent part,Ohio Code 4511.201 - Operation off street or highway in willful or wanton disregard of the safety of persons or property (A) No person shall operate a vehicle, trackless trolley, or streetcar on any public or private property other than streets or highways, in willful or wanton disregard of the safety of persons or property.This section does not apply to the...

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Assured Clear Distance, R.C. 4511.21(A)

Ohio Revised Code 4511.21(A), Assured Clear Distance, is a law requiring that you drive your vehicle in such a way as to be able to bring you car to a stop to avoid an accident.  As a driver, you are required to take into consideration, night driving, weather conditions, hills, curves, turns and poor lighting.  If you are driving your car and a car is traveling or stopped in front of you heading in the same direction and in the same path or lane of travel as you, you must be able to bring your car to a stop to...

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MADD Gets Alcohol Detection System Introduced in Congress

Heath Shuler, a U.S. representative, recently introduced MADD's newest legislation touted as an end to drunk driving.  The legislation is known as the Research of Alcohol Detection Systems for Stopping Alcohol-related Fatalities Everywhere, or ROADS SAFE, and would require that the technology be installed in every vehicle. The legislation would use a $12 million fund that was set up by the National Highway Traffic Safety Administration to pay for the technology, which would disable a vehicle from starting if a driver is found to have a blood-alcohol content over 0.08 percent.  The legislation is currently being reviewed by the House...

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Fatigue and the Horizontal Gaze Nystagmus Test

Can simple fatigue explain a person's poor performance on the Horizontal Gaze Nystagmus test?  According to recent studies the answer is yes.  Here is a link to the first formal study demonstrating that the smooth pursuit portion of the HGN test is affected by fatigue, http://iospress.metapress.com/content/8758844418248700.  The study found that sleep deprivation impaired smooth pursuit. Quoting from the study's abstract: Our findings showed that sleep deprivation deteriorated smooth pursuit gain, smooth pursuit accuracy and saccade velocity. Additionally, the ratio between saccade velocity and saccade amplitude was significantly decreased by sleep deprivation. However, as the length of sleep ...

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Ohio Speeding Law Update: Laser Guns & Admissibility

Great Speeding Decision from the 12th Appellate District In State v. Starks, 2011-Ohio-2344 the Defendant was stopped for a speeding violation  in a construction zone and went to trial pro se. He objected to any testimony regarding a laser gun.  The trial court took judicial notice of the reliability of the laser gun and the defendant was convicted.  He appealed to the 12th District Court of Appeals and his conviction was reversed.  The Court ruled, Although the underlying principles of laser technology may be the same from one device to another, generally judicial notice as to the reliability of a...

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Ohio State Highway Patrol Announced Roadcheck 2011

The Ohio State Highway Patrol will participate in Roadcheck 2011, which promotes 72 hours of continuous commercial motor vehicle inspections throughout the United States, Canada and Mexico starting tomorrow and running through June 9. This year’s theme is “Enhancing Truck and Bus Safety and Security throughout North America.”During last year's Roadcheck in Ohio, troopers and motor carrier enforcement inspectors conducted 1,966 commercial motor vehicle inspections and issued 4,214 safety violations on Ohio roadways. From those inspections, 454 commercial motor vehicles, and 121 drivers were...

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Ohio Traffic Enforcement: “Click It or Ticket”

If you have not already seen the commercials, the approach of the Memorial Day weekend signals the return of the "Click It or Ticket" program across the fruited plains.  From May 23 through June 5, law enforcement in communities across the country will be out in force reminding motorists to “Click It or Ticket.” More than 900 law enforcement partners around Ohio, including the Ohio State Highway Patrol, will be aggressively enforcing the law during the mobilization.  The Ohio State Highway Patrol will also be aggressively enforcing DUI laws during this period. If you find yourself in...

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Standardized Field Sobriety Tests

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....

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