03 March

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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...

24 February

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State Patrol to Increase Presence on U.S. 35

Posted by Dayton DUI

in DUI Law, DUI Process, Ohio Cities

The Dayton Daily News is reporting that the Ohio State Highway Patrol will be stepping up its enforcement efforts along U.S. 35 in Greene and Montgomery Counties beginning March 1st. The patrol said U.S. 35 is consistently a top crash route in Montgomery and Greene counties. Their increased presence is designed to reduce fatal and injury crashes, arrest impaired drivers, apprehend wanted felons and stop the transportation of drugs and weapons.To see the full article on the Dayton Daily News site, please visit HERE. Related articlesHighway wrecks and deaths decline sharply in Ohio (dispatch.com) Fayette County (Washington Court House)...

22 February

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DUI LAW: Once There Was A Place Called Camelot

Posted by Dayton DUI

in DUI Law

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...

15 February

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Ohio OVI Law: What is an Arraignment?

Posted by Dayton DUI

in Uncategorized

The first hearing in an Ohio DUI case is the arraignment. Ohio arraignments are governed by Rule 8 of the Ohio Traffic Rules (Traf. R. 8). The purpose of the arraignment is to assure that the accused is aware of the charges against him or her, and that the accused is made aware of his or her rights. (Traf. R. 8(B)) At this hearing, the court will, in open court, read the charge and ask the defendant to enter a plea. Prior to asking for a plea the arraigning judge must be satisfied that the accused understands (1) the right...

31 January

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Zero Tolerance for Driving Under the Influence of Drugs? (from NORML)

Posted by Dayton DUI

in Drugs & Alcohol, DUI Law, DUI Process

The National Highway Traffic Safety Administration posted a press release entitled “Drug Use Among Fatally Injured Drivers Increased Over the Last Five Years“. The release summarizes the full report that examines the the drug test results of drivers who had been killed in automobile crashes. While the report itself is objective and offers many caveats about reading it as an indictment of drug-using drivers as serious safety risk, the mainstream media hasn’t been as “fair and balanced” and the Drug Czar has jumped on the release to forward his agenda.The headline from the Associated Press reads: “Gov’t: Drugs were in...

27 January

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“POINTS” on your Ohio License

Posted by Dayton DUI

in DUI Law, DUI Process

One of the most frequently asked questions to my staff involve the issue of POINTS on an Ohio driver's license. "Points" under Ohio law are set forth at O.R.C. 4510.036(C). The statute lists the following as 6-point violations:6 Point Violations -Aggravated Vehicular Homicide -Vehicular Homicide -Vehicular Manslaughter -Aggravated Vehicular Assault -Willful Fleeing and Eluding, -Failure to Stop and Disclose Identity at Accident -Street Racing -Driving Under Suspension -OVI (drunk driving) -Unauthorized Use of a Motor Vehicle -Any felony motor vehicle violation or any felony committed with motor vehicleFour Point Violations -Operation of a Vehicle After Underage Consumption -Operation in Willful or Wanton Disregard of Safety (a reckless operation offense) -Exceeding the Speed Limit by...

20 January

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DUI Law: Appellate Review & Motion to Suppress

Posted by Dayton DUI

in DUI Law

I have written extensively about the importance of filing a motion to suppress to challenge the evidence that the State can use against a defendant in a DUI case. Counsel can use the motion to suppress as an informal discovery tool, as an informal deposition of the State's witnesses, as a dry run of your scientific defense, or as a method of attacking the State's witnesses. Whatever your strategy, the goal is to win. But what if you don't?A defendant has not direct appeal from a decision overruling a motion to suppress because an adverse ruling is not considered a...

04 January

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Driving Drowsy is Illegal in Ohio

Posted by Dayton DUI

in Drugs & Alcohol, DUI Law, DUI Process

Image via WikipediaOhio Revised Code 4511.79 makes is a minor misdemeanor for a someone to drive "a commercial motor vehicle" "while the person's ability or alertness is so impaired by fatigue, illness, or other causes that it is unsafe for the person to drive such vehicle." The law also provides that, "[n]o driver shall use any drug which would adversely affect the driver's ability or alertness."Furthermore, O.R.C. 4511.79(B) prohibits an owner from "knowingly" permitting a driver in any such condition to drive. Repeated violations result in enhancement of the charge from a minor misdemeanor to a fourth degree misdemeanor.The National...

23 December

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Arrested for OVI in Ohio? How You Act is Important

Posted by Dayton DUI

in DUI Law, DUI Process

Your behavior with law enforcement can be vital to the officer's decision making. Investigating officers are given a great deal of discretion in handling any situation. They may simply be seeking information to put in their report or they may be deciding whether or not to issue a citation. At the initial stage you must know your rights in order to protect yourself and, if necessary, aid your attorney in presenting your case to a jury. At this point it is vital to remember anything you say or do will be used against...

02 December

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DUI and Traffic Enforcement Initiative Announced

Posted by Dayton DUI

in DUI Law, DUI Process

The Ohio State Highway Patrol announced an initiative that will last through the end of the year. Troopers will "focus their attention on impaired and aggressive driving, as well as other high risk behaviors, such as driver inattention. Troopers will also be committed to firm enforcement of safety belt and child restraint violations." Citing an increase in traffic fatalities throughout the year, Patrol superintendent Colonel David W. Picken stated, "My troopers are going to be out there every day - doing everything they can - to try to reverse this upward trend." Ohio has experienced an increase of 49 fatalities...

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