19 June

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OVI or DUI (Which is right?)

The current version of Ohio's impaired driving law is O.R.C. 4511.19, is entitled "Operating vehicle under the influence of alcohol or drugs - OVI." This is the same offense which is also known as DUI (driving under the influence), OMVI (operating a vehicle impaired), DWI (driving while intoxicated) or drunk driving. The Ohio General Assembly changed the acronym to connote the broadening of the law from simply alcohol impairment to any drug (or condition?) which may impair. The term "operate" also has a broader definition than that of "driving." For example, if a driver is found behind the wheel of...

17 June

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Bears In The Air: OSP To Target Distracted Drivers

Posted by Dayton DUI

in DUI Law, DUI Process

If you are driving distracted this week watch out! The Ohio State Highway Patrol will be joining forces with other members of the 6-State Trooper Project for a distracted driving enforcement and awareness effort June 16 – 22 in an effort to reduce distracted driving related crashes and raise awareness about the dangers distracted driving creates. The Patrol’s aviation section will assist road troopers from the air by focusing on crash causing violations that may be caused by distracted driving, including; aggressive driving, marked lanes violations, following too closely and driving left of center. This effort dove tails with the continuing national...

13 June

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What Is Wrong With The HGN? (by DaytonDUI)

Posted by Dayton DUI

in Uncategorized

The horizontal gaze nystagmus test is an eye test approved by the National Highway Traffic Safety Administration(hereinafter NHTSA) as a tool to detect clues of impairment in drivers. The HGNtest is one of three psychomotor tests approved as part of the standardized field sobriety testing protocol employed by law enforcement officers throughout the United States and used here in Ohio.When an officer asks you to follow his pen, he is performing the horizontal gaze nystagmus test. Nystagmus is defined as the oscillation of the eyeball that occurs when there is a disturbance of the vestibular system or the oculomotor control of the eye. The nystagmus the...

03 June

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Motorcycle DUI – NHTSA Targets Motorcyclists for DUI Enforcement

Posted by Dayton DUI

in Uncategorized

NHTSA Devotes Time And Dollars To Study Motorcycle DUIIt is summer time and the perfect time to get out on the road. If you ride a motorcycle, you may notice that law enforcement is paying you a a lot of attention. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists involved in fatal crashes are 2.5 times more likely to have consumed alcohol than passenger vehicle drivers. In 2007, the number of alcohol-impaired motorcyclists in fatal crashes increased by 10 percent while the number of alcohol-impaired drivers of passenger cars declined 6 percent. (NHTSA defines “alcohol impaired” for vehicle...

20 May

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Click It Or Ticket Kickoff

Posted by Dayton DUI

in DUI Process

The Clark County Safe Communities Coalition, local, federal and state law enforcement agencies will unite to kick-off the Click It or Ticket National Campaign. This mobilization will run from May 20 to June 2, 2013 and cover the heavily traveled Memorial Day holiday. Law enforcement agencies across the country are prepared to ticket anyone not buckled up….no warnings and no excuses. Click It or Ticket. You should expect increased traffic enforcement throughout Ohio especially along the interstates during this period of time. You can also expect to hear the Click It or Ticket radio and television commercials a few hundred...

17 May

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Red Light Cameras – Let Your Voice Be Heard To Ban Them Forever

Posted by Dayton DUI

in DUI Law, DUI Process

The followers of Dayton DUI on Facebook, Twitter and Google+ and loyal followers of this blog have listened to me complain about red-light cameras and speed cameras in Ohio for over three years. I have urged you to contact your local representatives and to let your opposition be known. We are now in the final push and our concerns are being heard!Ohio's 130th General Assembly has introduced House Bill 69, which would eliminate red light cameras and speed cameras throughout Ohio. The proposal reads, in pertinent part, “No local authority or the state highway patrol, utilizing either its own employees, those...

09 May

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Pay On-Line At The Fairborn Municipal Court

Posted by Dayton DUI

in Ohio Cities, Ohio Counties

Did you know that you can pay your fines on-line at the Fairborn Municipal Court?Listed below is information taken from the Fairborn Municipal Court website regarding on-line payments. If you have any questions about this process, or you find yourself facing an OVI charge in the Fairborn Municipal Court, please contact Charles M. Rowland II at (937) 318-1384 or 1-888-769-5263 [888-ROWLAND]. Payment of Citation Without Court Appearance (Waivers) Ohio law allows certain traffic citations to be resolved by a Traffic Violations Bureau instead of appearing in Court. If your citation qualifies, payment can be made either in person, by mail, or now...

29 April

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Bloodshot and Glassy Eyes Are Not Clues of Impairment

Posted by Dayton DUI

in DUI Law

In almost every DUI I have encountered, the arresting officer has indicated that the alleged drunk driver had "bloodshot" or "glassy" eyes. We challenge the officer by pointing out that he has never seen the defendant before and has no idea whether or not the defendant was engaging in activity that would logically cause bloodshot eyes (fatigue, being in a smoky environment, etc.). This would usually end cross-examination on this issue and the officer would be able to establish an important factor in deciding whether or not to remove the driver for standardized field sobriety testing. (Phase II of the...

24 April

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License Plate Light Not Illuminated (O.R.C. 4513.05)

Posted by Dayton DUI

in DUI Process, Ohio Criminal Law

In Ohio, it is illegal to operate a motor vehicle without a white light illuminating the rear registration plate. See O.R.C. 4513.05. This law is often used as a pretext for a traffic stop which allows the officer to come into contact with the motorist. Here is a full text of the law. 4513.05 Tail lights and illumination of rear license plate. (A) Every motor vehicle, trackless trolley, trailer, semitrailer, pole trailer, or vehicle which is being drawn at the end of a train of vehicles shall be equipped with at least one tail light mounted on the rear which, when lighted,...

12 April

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Nonstandardized Field Sobriety Tests

Posted by Dayton DUI

in DUI Law

Ohio has adopted the three-test field sobriety protocol as set forth in the National Highway Traffic Safety Administration (NHTSA) manual for training law enforcement officers. The three tests adopted by NHTSA all survived scientific scrutiny as being indicative of impairment. The tests are: (1) horizontal gaze nystagmus, a test of the subject's eyes; (2) walk & turn; (3) one-leg-stand. The officer is trained to administer the tests in a standardized fashion and record "clues" of impairment as evidenced by the subject's performance on the tests.Often, you will encounter a circumstance where the officer employs an non-standardized field sobriety test. These...

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