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Dayton DUI Attorney Charles Rowland > Posts tagged "traffic law" (Page 4)

Ohio Supreme Court Rules on DUI Motion To Suppress Issue

The Ohio Supreme Court ruled on a DUI Motion to Suppress issue in State v. Codeluppi, 2012-Ohio-5812.In August of 2011, Officer Ryan M. Young of the North Ridgeville Police Department stopped Ms. Codeluppi on Lorain Road for driving 53 m.p.h. in a 35 m.p.h. zone.  When Officer Young walked to the driver’s window of Ms. Codeluppi’s car, he smelled a strong odor of alcohol coming from the interior of the car. Following an investigation and administration of standardized field sobriety tests, the defendant was arrested for OVI.In her motion to suppress, Ms. Codeluppi asserted that: the officer lacked sufficient reasonable grounds...

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Ohio BMV License Suspension

The most common reasons that a person will have a driver's license suspension by the Ohio Bureau of Motor Vehicles include:Accumulating 12 “points” for traffic violations Driving Without Insurance Operating a Vehicle Impaired (testing over .08 or refusing to test) Drug Offenses Out-of-State DUI/OVI or drug related offensesIf you would like an unofficial copy of your driving record or more information on your type of license suspension or reinstatement, you can visit the BMV web site by clicking HERE.You should not ignore a notice of suspension because it does not go away unless and until you pay the required reinstatement fees to the Ohio Bureau of Motor...

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DUI & Drug Trafficking Cases In Ohio

More and more, we are seeing an increase in drug trafficking cases.  The Ohio State Highway Patrol has become much more aggressive in using a traffic stop as a pretense to do an extensive search for illegal drugs.  These stops frequently turn a minor traffic violation case into a trafficking, distribution or possession of drugs case.  We expect more of these cases as the Ohio State Highway Patrol begins implementation of the Drug Recognition Expert protocol.The analysis of a drug trafficking case is very similar to the approach we take to an impaired driving case.  What that means is that...

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Standardized Field Sobriety Tests – An Infographic

This info graphic describes the science behind the standardized field sobriety tests (spoiler alert: There isn't much).  Field Sobriety Tests are commonly known as the roadside activities that police officers ask drivers to perform if the officer suspects that the driver is impaired by alcohol or another impairing substance. We call them “stupid human tricks.”  Contrary to popular understanding and belief, many of these tests have little basis in science, and the ones that do are frequently performed incorrectly.You are also subjected to a great variance in the officer’s understanding of the tests and his or her ability to competently administer...

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The Ohio “Clear and Convincing Evidence” Standard

Clear and Convincing Evidence is required for the standardized field sobriety tests to be admitted. Ohio Revised Code 4511.19(D)(4)(b) sets forth the standards for admissibility of the results of field sobriety tests in OVI (drunk driving) prosecutions.  See State v. Bozcar, 113 Ohio St. 3d 148, 2007-Ohio-1251, 863 N.E.2d 115 (2007).  In order for the tests to be admissible, the State must demonstrate:By clear and convincing evidence. The Officer administered the tests in substantial compliance. The testing standards for any reliable, credible, and generally accepted test. Including, but not limited to, the standards set by NHTSA.The only guidance provided for determining the meaning of “substantial compliance” has come from State v....

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Alcohol Is A Central Nervous System Depressant

Alcohol is classified as a Central Nervous System Depressant for its effects on the human body.  It is listed as such for purposes of DUI investigations in the 2013 National Highway Traffic Safety Administration (hereinafter NHTSA) "DWI Detection and Standardized Field Sobriety Testing" Participant Guide. See NHTSA, HS 178 R5/13.  CNS Depressant type drugs (see below) slow down the operations of the brain, and usually depress the heartbeat, respiration, and many other processes controlled by the brain. The most familiar and ubiquitous Central Nervous System Depressant is alcohol. Other Depressants of the Central Nervous System include:• Barbiturates (such as Secobarbital (Seconal), and Pentobarbital...

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Who Is The Best DUI Attorney?

Are you the best DUI attorney? Often a prospective client will ask if I am the "best DUI attorney."  I always answer this question by saying that I am a damn good DUI attorney, but you should investigate me to determine if I am the best DUI attorney for you.  The most important decision you will make in your case is determining who will represent you.  Here are some things to help you find the best DUI attorney.How Much Of Your Practice Is Dedicated To DUI Defense?  DUI defense is a complex area of law involving forensic science, specialized knowledge...

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What is Probable Cause in an Ohio DUI Case?

To be arrested for drunk driving in Ohio, all that is needed is an law enforcement officer's determination that "probable cause" exists to believe that you are driving while impaired.  A determination of probable cause need only be supported by the officer's observations of indicia of alcohol consumption and operation of a motor vehicle.  In determining whether or not probable cause for the arrest exists a court will look at facts such as: (1) the time and day of the stop (Friday or Saturday night as opposed to, e.g., Tuesday morning); (2) the location of the stop (whether near establishments selling alcohol); (3)...

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Changes To Ohio’s Field Sobriety Test Manual – Part One

Ohio has adopted a new Field Sobriety Test manual as of 2013.  This post is part of a multi-article look at the Field Sobriety Test manual changes.1. Let's Change The Name The first change to the Field Sobriety Test manual is the name.  Prior to this year the training class for law enforcement officers studying the Field Sobriety Test regimen was called A.D.A.P. (Alcohol and Drug Awareness Program) and used the National Highway Traffic Safety Administration "manual."  The new class will simply be called Field Sobriety Test or SFST class and will use a "guide."Remaining from the previous training materials is...

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MADD and NHTSA Push For Expanded Use of Ignition Interlock Devices

Mothers Against Drunk Driving and their government partners at the National Highway Traffic Safety Administration want 2014 to be the year that all states expand the use of ignition interlock devices to include anyone convicted of a drunk driving offense.Currently, ignition interlock devices are used in all 50 states and the District of Columbia. However, states vary widely in how the ignition interlock devices are used and which drivers are required to install them. In West Virginia, for example, interlock devices are only ordered at a judge’s discretion while Michigan mandates their use for drivers who are found with a...

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