06 May

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Reasonable & Articulable Suspicion

One of the major decision points in the OVI arrest process is the officer’s decision to remove a suspect from his or her car and conduct standardized field sobriety testing. The officer is trained to arrive at this “decision point” by conducting an interview and using specific “pre-exit interview techniques” which include asking for two things simultaneously; asking interrupting or distracting questions; and asking unusual questions. (NHTSA Student Manual VI-4). Additional techniques which an officer may employ include and Alphabet test (begin with E and end with P); a Countdown test (count out loud backward starting with 68 and ending...

27 April

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Challenging the Standardized Field Sobriety Tests

Posted by Dayton DUI

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Did the Officer Conduct A Pre-Test Medical Check? Prior to the administration of the Horizontal Gaze Nystagmus (HGN) test, an officer is required to examine a subject's eyes to assess for possible medical impairment. (NHTSA Student Manual, 2006 ed. VIII-5) The examining officer should look atPupil size; Resting Nystagmus; Tracking AbilityIf any of these are present they should be noted and the test should be aborted.Resting Nystagmus is "referred to as a jerking of the eyes as they look straight ahead. (NHTSA Student Manual, 2006 ed., VIII-4) Officers are trained that if they see resting nystagmus "[i]ts presence usually indicates a...

12 April

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Rowland Earns Forensic Sobriety Assessment Certification

Posted by Dayton DUI

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This month, Charles M. Rowland II was re-certified as Ohio's only DUI attorney credentialed in Forensic Sobriety Assessment. "FSA certification requires working knowledge of the scientific principles and research relating to sobriety testing in a DWI / DUI stop, including:The scientific literature on indications of intoxication such as red eyes and slurred speach NHTSA's Standardized Field Sobriety Tests (SFSTs) Testing concepts: Reliability and validity Diagnostic statistics: False positive rates, sensitivity, specificity, etc. Experimental design issues relevant to sobriety test studies Statistical concepts such as correlation, statistical significance, and effect size Visual science pertaining to the Horizontal Gaze Nystagmus (HGN) ...

08 April

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DUI Court Process: The Stopping Sequence

Posted by Dayton DUI

in Uncategorized

You are driving home when you see a car following you closely. The car is acting unlike any other car you have ever encountered and you begin to wonder if you are in danger. At that point you see the flashing emergency lights and hear the piercing wail of a siren. You heartbeat begins to spike, your stomach sours with a flood of cortisol and your hands begin to sweat. Little do you know that the officer's DUI investigation has begun. The National Highway Traffic Safety Administration (hereinafter NHTSA) provides the training manual for law enforcement in detection of drunk drivers. ...

07 April

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What Does a “Lanes of Travel” or “Marked Lanes” Charge Mean?

Posted by Dayton DUI

in Uncategorized

Image via WikipediaA marked lanes charge is often a companion charge to a DUI/OVI offense. It is also a "cue" that the officer may look for based on his/her National Highway Transportation Safety Administration training. Many people believe that weaving, in and of itself, is both a crime and an indication of drunk driving. This article will demonstrate the Ohio law on these matters as they are most frequently charged (marked lanes; lanes of travel). Check your ticket and see if you have violated this law. Ohio Revised Code sec. 4511.25...

01 April

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Driving Too Slow Not Sufficient for a Stop!

Posted by Dayton DUI

in DUI Law, DUI Process

Image via WikipediaIn State v. Bacher, 170 Ohio App.3d 457, 867 N.E.2d 864 (2007), an officer pulled over a suspect because he was driving 23 miles per hour below the posted speed limit of 65 miles per hour. Upon speaking to the driver, the officer noticed a strong odor of alcoholic beverage, pulled him from the car and subsequently arrested him for OVI. The trial court reasoned that the stop was an "investigative stop" and overruled the defendant's motion to dismiss.Upon appeal, the appellate court reversed the ruling of the trial court, holding that a stop is...

30 March

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Increased Speed Patrols in Warren and Montgomery Counties

Posted by Dayton DUI

in Ohio Cities, Ohio Counties

WDTN-Dayton is reporting that the Ohio State Highway Patrol will be stepping up patrols along the 1-75 construction areas in Warren and Montgomery Counties. The extra patrols will take place each Tuesday, Thursday and Friday until the end of April. Troopers on the roads will get support from "bears in the air" as airplane detection of speeding drivers is expected to augment the additional ground patrols. Troopers have announced they will be specifically looking for speeders, tailgaters and other aggressive drivers.Sign up for free text alerts which will keep you up-to-date on traffic enforcement initiatives, DUI checkpoints, saturation patrols, and other developments...

18 March

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Springfield DUI Update: Clark County OVI Checkpoint on March 18, 2011

Posted by Dayton DUI

in Ohio Cities

There will be a multi-agency OVI checkpoint tonight from 9:00 to midnight somewhere in Springfield, Clark County, Ohio. The location for the checkpoint will not be released until after 5pm. Due to logistics I will not be able to update this post, but will post the location on Twitter (@DaytonDUI) and on facebook (www.facebook.com/DaytonDUI). See the recent post on our TEXT ALERT service which will send you a text on all relevant DUI topics like saturation patrols, traffic initiatives and OVI checkpoints.The Clark County OVI Task Force is a coalition of 13 area agencies formed last year following a $136,000...

16 March

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Dayton DUI St. Patrick’s Day Checkpoint Announced in Montgomery County

Posted by Dayton DUI

in News, Uncategorized

The Montgomery County OVI Task Force will hold a St. Patrick's sobriety checkpoint on Thursday night into Friday morning in hopes of taking any impaired drivers off the streets. The location will be released Thursday and DaytonDUI will keep you informed.Charles M. Rowland II is a leading Dayton, Ohio DUI attorney who dedicates his practice to defending the accused drunk driver. Contact Charles Rowland at (937)318-1DUI or 1-888-ROWLAND. If you need immediate assistance, please text DaytonDUI (one word) to 50500. You can also sign up for text alerts at www.DaytonDUI.com/blog. Related articlesDayton DUI Attorney Charles M. Rowland II (daytondui.com) Reasonable Articulable Suspicion...

05 March

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Arrested for DUI in Clayton?

Posted by Dayton DUI

in Ohio Cities

www.ClaytonDUI.com If you are arrested in Clayton, Ohio on suspicion of drunk driving, this page will provide you with information that can help you win your case and get your life back. Charles M. Rowland II developed www.ClaytonDUI.com to provide exceptional DUI services to residents of Clayton and Randolph Township. He has been representing people in Clayton for over fifteen years. Which Court Will I Go To? The city of Clayton is serviced by the Vandalia Municipal Court which is located on the 2nd floor of the Justice Center at 245 James E. Bohanan Memorial Drive, Vandalia,...

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