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Dayton DUI Attorney Charles Rowland > Posts tagged "United States" (Page 3)

MLK Day 2014: A Call To Action

How are you celebrating America's modern civil rights hero?  I am celebrating this Martin Luther King Jr. Day by joining my voice with the chorus who recognize the “War on Drugs” is a racist construct that must be concluded for the sake of our nation's conscience and our continued freedom.  Many are recognizing the decades-old war on drugs as a racist conspiracy designed to unfairly incarcerate African American men, to profit government agencies via a silent and secret tax, and to funnel blood money to corporate America.   In an article in the Huffington Post, Dylan Ratigan and Russell Simmons wrote, “A...

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The Erosion of the Fourth Amendment

The Fourth Amendment to the Constitution was a response to the British government's abuse of writs of assistance.  These writs served as a general type of search power allowing British soldiers to go onto any property without cause.  Any place could be searched at the whim of the holder, and searchers were not responsible for any damage they caused, thereby putting anyone who held such a writ above the law.  The Fourth Amendment engrained a unique principle of free people that a person's home and property were beyond the scope of government officials unless a judicially approved warrant was issued....

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Proposed Ohio Alcohol Law Would Loosen Open Container Law

A proposed change in Ohio Alcohol Law would allow folks to walk around with an open container.Senate Bill 116 allows for the creation of municipal entertainment districts in cities where the population is more than 50,000.  Under the law, patrons of establishments that sell beer or liquor would be permitted to take their drinks outside of the bar or restaurant where it was purchased. Only holders of A-2 and D liquor permits would qualify under the proposed law.  The "entertainment districts" would be limited to a one-half mile by one-half mile radius, and contain at least four A-2 and D...

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Happy Veterans Day

Happy Veterans Day from all of us at DaytonDUI.If you have enjoyed exercising your freedom of speech, freedom to assemble, freedom of worship, freedom to bear arms, freedom to read what you want, freedom to protest your government, freedom to a fair trial, freedom against unreasonable searches, freedom from cruel and unusual punishments, freedom from discrimination or freedom to walk down the street without fear of an attack, thank a veteran who has sacrificed to protect those freedoms. ...

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Why Do They Call it Moonshine?

Why Do They Call It Moonshine?Moonshine is as American as apple pie.  Prohibition did not stop people from wanting alcohol.  Prohibition did not stop people from wanting money.  Put those two desires together and you have the illegal production of alcohol called "moonshining."  "Moonshiners" is a term used for people who did their production at night to avoid the government agents (G-Men) and Treasury Agents (T-Men) who patrolled the hills of Appalachia looking to stop production of illegal hootch.Production of moonshine illegal alcohol required the use of stills.  The stills were heated by fires and produced tell-tale smells, sounds and...

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OVI & Your Brain: Who Cares About Impairment?

More Faulty OVI Breath Test Assumptions One of the faulty assumptions underlying OVI evidential breath testing is the assumption that the tests are measuring the ability of alcohol to impair your brain.  They do not.  The breath test for OVI does not care how, or even if, the alcohol is impairing your brain only that it is in your breath via your lungs via your blood.  The machines do not test venous blood but arterial blood utilizing the scientific principle of Henry’s Law.  As alcohol can be at different rates throughout your body, the machine is not measuring impairment.During peak absorption...

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Intoxilyzer 8000 Is Unreliable Judge Finds

A judge recently ruled the Intoxilyzer 8000 (Ohio's newest breath testing machine) unreliable.  In State of Ohio v Chelsea Lancaster, Judge Teresa Liston who heard several cases, combined for purposes of challenging the device, at the request of Marietta Municipal Court Judge Janet Dyar Welch was assigned to hear just these Intoxilyzer 8000 cases.  Judge Liston is a retired judge who serves on the faculty of the National and Ohio Judicial Colleges and Capital University Law School.  She is well known and highly respected by her colleagues throughout the state. See HERE.The cases addressed the court's gatekeeper function as it relates to the...

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DUI & The International Driver’s License

In Ohio, there is no such thing as an international driver’s license for United States citizens.  If you are using an “international driver’s license” in place of a state-issued license, you should stop immediately. It is illegal, and if caught, you will face criminal charges.  If your Ohio State driver's license has been revoked due to a DUI (now called OVI), you cannot drive here on any other license. If you have a valid license from somewhere else, you may be able to drive in other jurisdictions. Check with local counsel.If, however, you are a new arrival to the United States...

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OVI In Riverside, Ohio

If you are arrested for misdemeanor DUI / OVI in Riverside, Ohio, your case will be heard in the Montgomery County Municipal Court (Eastern Division).  Many refer to Area II as the Huber Heights Municipal Court, but the court’s jurisdiction is larger, covering regions in north-east Montgomery County including the city of Riverside, Ohio.  The Montgomery County Municipal Court, Eastern Divsion is located at 6111 Taylorsville Rd., Huber Heights, OH 45424-2951.  You can contact the court’s Traffic/Criminal Division at  (937) 496-7231, the Civil Division at (937) 225-5824 and you can fax information to (937) 496-7236. For more information about the city of Riverside, visit their home page HERE or on Facebook and Twitter https://twitter.com/RiversideOhio. You can also find on-line information...

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What Is Wrong With The HGN? (by DaytonDUI)

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...

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