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United States Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "United States" (Page 2)

New Rules For Tattoo Artists In Ohio

Ohio tattoo artists can expect new rules beginning in September.  Ohio has revised O.A.C. 3701-9-01 and O.A.C. 3701-9-02.  This marks the first time that Ohio has revised tattoo and body art rules since the late 90's.  It appears that legislators wanted to restrict minors from getting "certain areas" of their bodies pierced.  They have limited the piercing of "certain areas" even if the parents give their approval.  All body art business will be required to have an infection control plan and will be training public health inspectors to make sure the rules are being followed.  About one in five American...

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It Is The Anniversary Of The Parking Ticket

Seventy nine years ago this month, the Reverend Charles H. North of the Oklahoma Third Pentecostal Holiness Church became the first person to every receive a parking ticket.  The controversial "Park-O-Meter" had been installed in the prior weeks and caused a stir amongst the residents.According to his grandson Dwight Thurmond the parking citation was issued after his grandfather rooted through his coat for the required nickel.  Finding none, he trudged over to the nearby grocery store to get change. Little did he know he was about to become a historical footnote. When he returned he curiously examined a white piece...

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Tell Your Ohio OVI Attorney That You Are ADD/ADHD

If you are afflicted with adult ADD/ADHD make sure to raise the issue with your OVI Attorney. To be diagnosed with ADD/ADHD, a person has to demonstrate an inability to complete divided-attention testing.  In 2009, the Centers for Disease Control reported that 9.5 percent of children in the United States had ADHD, up from the previous survey.  The trend has not gone unnoticed amongst the insurance industry who reported at the 162 annual meeting of theAmerican Psychiatric Association in May 2009 that:28 percent of adult drivers with ADHD reported receiving a citation withing the prior twelve months. 34 percent reported being in an auto collision. 44...

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The Miamisburg Municipal Court Provides Forms On-Line

 Learn about your charge, court services, and more information about OVI in Miamisburg. The Miamisburg Municipal Court provides a detailed list of Court forms on its site.  "This information is being provided by the Court in order to assist attorneys, and those choosing to file pro se, follow the Court’s Local Rules, and all other statutory requirements."  I have listed them below, or you can visit the site directly at the Miamisburg Municipal Court link provided above.Affidavit, Order, Notice of Garnishment of Personal Earnings and Answer of Employer Affidavit, Order, Notice of Garnishment of Property Other Than Personal Earnings and Answer...

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Have You Heard Of Powdered Alcohol? Palcohol?

This week the release of powdered alcohol "palcohol" was approved, then rescinded, then changed to delayed.First the Alcohol and Tobacco Tax and Trade Bureau, a branch of the Treasury Department issued "label approval" on April 8th.  Apparently this was not the case as many internet sources began reporting that the ATT&T rescinded the approval.  Well now, the news seems to be that there will be a delay as the labeling on the product is changed.  So you will have to wait until the fall for your powdered treats.On its website, Palcohol says it plans to offer six varieties, including vodka,...

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Fourth Amendment Drunk Driving Case Decided By SCOTUS

The Supreme Court handed down an opinion in a Fourth Amendment drunk driving case yesterday in Navarette v. California, No. 12-9490 (Apr 22, 2104) (available here). Writing for the divided Court, here is how Justice Thomas's opinion begins and ends: After a 911 caller reported that a vehicle had run her off the road, a police officer located the vehicle she identified during the call and executed a traffic stop. We hold that the stop complied with the Fourth Amendment because, under the totality of the circumstances, the officer had reasonable suspicion that the driver was intoxicated...

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Phase Two: The Personal Contact Phase

An officer's decision to arrest for DUI involves three steps: observing the vehicle in motion, observing the driver during a personal contact phase, and administering field sobriety tests.  Evidence is collected at each stage.  If, after conducting all three phases, the officer believes probable cause exists that you are impaired, you will then be arrested.  Probable cause is a flexible, common-sense standard. It merely requires that the facts available to the officer would 'warrant a man of reasonable caution in the belief,' Carroll v. United States, 267 U.S. 132, 162 (1925), that you are impaired; it does not demand any showing that...

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DUI Case Law – Ohio DUI | OVI Blog (Due Process)

To understand DUI case law, it is important to understand how the United States Supreme Court analyzes due process issues.  "The Supreme Court has identified two distinct categories of fundamental liberties. The first category includes most of the liberties expressly enumerated in the Bill of Rights. Through a process known as "selective incorporation," the Supreme Court has interpreted the Due Process Clause of the Fourteenth Amendment to bar states from denying their residents the most important freedoms guaranteed in the first ten amendments to the federal Constitution. Only the Second Amendment right to bear arms, the Third Amendment right against involuntary quartering of soldiers, and the Fifth...

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Possession of a Controlled Substance: Drug Possession Laws

Drug Possession, a.k.a. Possession of a controlled substance is defined in Ohio as knowingly obtaining, possessing or using a controlled substance under the Ohio Revised Code § 2925.11.  As applied to marijuana, possession of less than 100 grams (or about 3.5 ounces), giving 20 grams or less of marijuana to another person, or growing less than 100 grams of marijuana are each considered  “minor misdemeanors,” punishable by a maximum fine of $150. A minor misdemeanor is not a “jailable” offense, but a person’s driver’s license can be suspended for a period ranging from six months to five years, and a...

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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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