18 May

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State Patrol Seat Belt Law Campaign: What Is The Seatbelt Law?

Troopers Will Ticket You For Seat Belt Law Violations Starting Monday! On Monday (May 18, 2015) the Ohio State Highway Patrol will begin a seat belt law enforcement blitz targeting drivers and passengers who are not buckled up. The seat belt crackdown is part of the national Click It or Ticket campaign.What makes this an interesting push by troopers is Ohio's seatbelt law (O.R.C. 4513.263 ) is a secondary offense, meaning that a trooper has to have another reason for pulling you over. Primary seat belt laws allow law enforcement officers to ticket a driver or passenger for not wearing a seat belt,...

20 February

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Ohio OVI Blitz Along Interstate 75 This Weekend

Posted by Dayton DUI

in DUI Process

There will be an Ohio OVI blitz along Interstate 75 this weekend. The Ohio State Highway Patrol will be joining forces with other members of the 6-State Trooper Project to focus on speed, safety belt and OVI enforcement along Interstate 75. The initiative will take place from Friday, February 20 at 12:01 a.m. through Sunday, February 22 at 11:59 p.m. This high-visibility enforcement effort will include the Kentucky State Police, Michigan State Police and Ohio State Highway Patrol. The 6-State Trooper Project is a multi-state law enforcement partnership aimed at providing combined and coordinated law enforcement and security services in the...

18 February

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Driving Is A Right – Not A Privilege!

Posted by Dayton DUI

in DUI Process

Driving Is A Right - Not A Privilege!Have you ever been told that "driving is a privilege?" Bah! This author argues that case law needs to be expanded to include “driving” as a fundamental right under the First Amendment’s Freedom of Assembly. Thus, the analysis should be under the substantive due process analysis not simply under the procedural due process analysis.Because the human rights of freedom of movement, right to earn a living and the right to peaceably assemble are only capable of being maintained with a valid driver’s license, the Court should require a more rigorous standard before depriving...

12 February

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Ohio OVI Enforcement Statistics Year-To-Date

Posted by Dayton DUI

in DUI Lawyer

The Ohio State Highway Patrol has released year-to-date statistics on its Ohio OVI Enforcement. 2014 saw 2,100 arrests for OVI. There was an increase in 2015 to 2,367 arrests. Greene County saw arrests jump from 25 in 2014 to 47 this year. Montgomery County jumped from 58 arrests in 2014 to 72 this year. In Clark County the OSP arrested 26 people by this time in 2014 and 32 so far this year.2015 looks like a bad year to forget to wear your seatbelt with a huge jump of 8,278 arrest vs 6,796 last year. Drug arrests are also significantly up...

29 January

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How To Defend Against A One Leg Stand Test

Posted by Dayton DUI

in Uncategorized

Did the officer allege you did poorly on the One Leg Stand standardized field sobriety test?The Standardized Field Sobriety Tests (SFST) are 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...

15 January

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New Format For Ohio Drivers License

Posted by Dayton DUI

in DUI Process

Effective January 5, 2015, the Ohio Bureau of Motor Vehicles (BMV) will issue a new format of the Ohio Drivers License (DL) and Identification Cards (ID) to customers renewing their DL or ID.Visible changes to the DL and ID include: •Blue/green card in place of the salmon colored card •Laminate on front of card now contains the word “OHIO” and the year “1803” near the top of the cardIndividuals holding an Ohio Drivers License or ID printed in the old formats are still valid until the DL or ID is expired. Customers are not required to obtain a replacement DL or ID if...

06 January

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No More Dayton Cameras!

Posted by Dayton DUI

in DUI Law, DUI Process

No More Dayton Cameras - We Win! The Dayton Police Department has announced that it will STOP using traffic cameras for speed and traffic enforcement. An Ohio law takes effect March 19, 2015 that requires that a police officer witness traffic infractions at intersections where a camera is used. The city will lose all of the 20 fixed red-light and speed cameras throughout Dayton.Dayton police will continue to use three Mobile Speed Vehicles around high incident intersections to capture traffic violations. A police officer will travel with the vehicle to witness any infractions in addition to onboard cameras as is...

22 December

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Policing For Profit Approved By Ohio Supreme Court

Posted by Dayton DUI

in DUI Law

If you were hoping that the Ohio Supreme Court would curtail a city's ability to implement policing for profit, you would be disappointed. Last week, in Walker v. Toledo, Slip Opinion No. 2014-Ohio-5461, a divided Supreme Court ruled that cities in Ohio have complete freedom to set up tribunals that do away with due process protections for motorists accused by a machine.The majority opinion, written by Justice Kennedy held specifically that, Municipalities have home-rule authority under Ohio Constitution, Article XVIII,to impose civil liability on traffic violators through an administrativeenforcement system—Ohio Constitution, Article IV, Section 1 and R.C.1901.20 do not endow municipal courts...

10 December

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Aggravated Vehicular Assault: What is Operation?

Posted by Dayton DUI

in DUI Law

In order to convict a person of Aggravated Vehicular Assault, the State is required to prove, beyond a reasonable doubt, that, “while operating * * * a motor vehicle, * * * cause[d] serious physical harm to another person * * * [a]s the proximate result of committing a violation of division (A) of section 4511.19 of the Revised Code * * *.” R.C. 2903.08(A)(1)(a).The Ohio Jury Instructions with respect to vehicular assault provide a definition of “operate” which mimics that found in R.C. 4511.01(HHH). The definition of “operate” in R.C. 4511.01(HHH) encompasses past or completed movement of a vehicle. Ohio...

20 November

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Ohio Senate Votes To Ban Traffic Cameras

Posted by Dayton DUI

in DUI Process

As many regular readers of this blog already know, I have made it my mission to speak out against traffic cameras and speed cameras since their introduction. I consider them to be corrupt and corrupting. They are the worst example of turning the criminal justice system (and the citizens) into a source of revenue.Today the Ohio Senate passed legislation that will effectively ban traffic cameras statewide. The law would require that a police officer be on the scene to issue the ticket. This would require a tremendous amount of money for departments to "staff" the cameras. The legislation passed the...

traffic law Tag

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