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traffic law Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "traffic law" (Page 8)

Kettering Municipal Court Traffic Safety Program (by DaytonDUI)

Kettering Municipal Court offers a Traffic Safety Program for eligible participants which allows you to attend a class instead of receiving points for your traffic citation(s). Classes are held monthly on a Tuesday evening from 6:00 to 9:00 p.m. and are taught by police officers at either the Kettering Police Department, 3600 Shroyer Road, or the Centerville Police Department, 155 W. Spring Valley Road. Upon successful completion of the program, your citation will be dismissed and will not appear on your driving record, and you will receive no points on your driving record. You may be eligible for the Traffic Safety...

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Showing Proof of Insurance (by DaytonDUI)

Ohio law requires all license holders to carry insurance on the vehicles they drive—and requires the Clerk’s Office to report the status of your insurance when you are cited to the Ohio Bureau of Motor Vehicles. If you do not submit the required proof, your driver's license will be suspended and you may be subject to additional fees and insurance sanctions.Please check the area on your citation that says “Financial Responsibility Proof Shown.” Make sure the “Y” box is checked. If you did not show proof when you were cited or if the officer did not mark “Y” to indicate...

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Speeding in Ohio – What is the Law?

SPEEDING: What is the law?The speed law is set forth at Ohio Revised Code 4511.21.  It states:(A) No person shall operate a motor vehicle, trackless trolley, or streetcar at a speed greater or less than is reasonable or proper, having due regard to the traffic, surface, and width of the street or highway and any other conditions, and no person shall drive any motor vehicle, trackless trolley, or streetcar in and upon any street or highway at a greater speed than will permit the person to bring it to a stop within the assured clear distance ahead.The law goes on...

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Stop & Sniff Case Law Update (by DaytonDUI)

In Kirtland Hills v. Medancic, 2012-Ohio-4333, a recent case out of the Eleventh District Court of Appeals, the Court reaffirmed the principle that just because a police officer smells alcohol on a driver does not mean that the police officer has reasonable and articulable suspicion to continue the detention of the driver and/or remove that driver to administer standardized field sobriety tests.  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 conductstandardized field sobriety testing. The officer is trained to arrive at this “decision point” by conducting an interview and...

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Ohio DUI Law: Reasonable and Articulable Suspicion

What Level of Proof Does Law Enforcement Need to Pull You From Your Car For Standardized Field Tests? 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...

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Standardized Field Sobriety Tests: The One Leg Stand 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 effective testimony in court. Formal administration and accreditation of the program is provided through the...

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Get Your Ohio Online Driving Records (by DaytonDUI)

The Ohio Bureau of Motor Vehicles has created a system to access your driving record on-line.  The system permits drivers to obtain a record of all convictions within the past two years. The driving record will also reflect all open suspensions or revocations. Drivers are reminded that Ohio Revised Code (ORC 4510.037) provides that the Registrar of Motor Vehicles is required to impose a license suspension on all drivers who accumulate 12 points on their records during any two-year period. A list of points charged for various offenses can be found in ORC 4510.036.  Click HERE to access your unofficial driving record. To...

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Fight Your Marked Lanes Violations, O.R.C. 4511.33 (by Dayton DUI)

The National Highway Traffic Safety Administration (NHTSA) has developed a guide for detecting drunk drivers.  In that guide, NHTSA identifies 24 "clues" that potentially impaired drivers exhibit.  Many of those "clues" relate to the driver's ability to maintain proper lane position.  Your attorney should aggressively defend your driving and point out to a judge or jury other possible causes of weaving such as: texting, eating, telephone calls, conversations with other passengers, changing the radio station, stretching, or fatigue may account for the driving.Your DUI defense lawyer should also be prepared to argue that your weaving may not violate Ohio law. ...

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Low BAC And Fatal Crashes (by DaytonDUI)

According to research complied by David J. Hanson, Ph.D., Professor Emeritus of Sociology of the State University of New York at Potsdam, most drivers who have had something to drink have low blood alcohol content or concentration (BAC) and few are involved in fatal crashes. On the other hand, while only a few drivers have BACs higher than .15, a much higher proportion of those drivers have fatal crashes.The average BAC among fatally injured drinking drivers is .16 1 The relative risk of death for drivers in single-vehicle crashes with a high BAC is 385 times that of a zero-BAC driver and for...

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Are the Standardized Field Sobriety Tests Fair to Fatter People?

Being overweight can impact your performance on the standardized field sobriety tests.  The government agency tasked with verifying the validity of the standardized field sobriety tests is the National Highway Traffic Safety Administration (hereinafter NHTSA).  NHTSA concedes that being fifty or more pounds overweight affects performance on the one-leg stand test; a test requiring the suspect to raise a foot off the ground and stand on one foot for 30 seconds. See NHTSA, DWI Detection and Standardized Field Sobriety Testing, Participant's Manual (2006), re: WAT at VIII-11, re: OLS at VIII-13. Id. re: 50 lbs at VIII-13.  In older versions...

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