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United States Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "United States" (Page 6)

The DUI Court Process: What is Voir Dire?

If your Ohio DUI case proceeds to trial, your attorney will be given a chance to "pick" a jury during a process called voir dire.  You attorney will question prospective jurors about their backgrounds and potential biases.  Experienced DUI trial counsel will tell you that a good voir dire is especially important in a DUI case.  The principles of federal due process as well as the Sixth and Fourteenth Amendments to the United States Constitution guarantee a defendant a trial by a “panel of impartial, indifferent jurors.” Irvin v. Dowd, 366 U.S. 717, 722 (1961); Morgan, 504 U.S. at 727....

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The 47 Types & 38 Causes of Nystagmus; (It’s Not Just Caused by Alcohol)

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. The HGN is a test of your eyes wherein the testing officer is looking for abnormal movements call saccades.  These movements make the eye appear to bounce or wobble.  The officer uses this movement to make a correlation to alcohol use.  This would valid only if we are...

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DUI and Teachers

I have to admit to having a great admiration for teachers, school administrators, and school employees.  This admiration lead me to serve two terms on the Beavercreek School Board and it also motivates me to fight hard on behalf of those in the education profession who face a career-killing OVI offense.  Being arrested on suspicion of driving while intoxicated is a threat to anyone’s livelihood, but it can have a devastating impact on teachers and administrators. TEACHERS AND EDUCATION MAJORS First the good news, usually an OVI arrest will usually not result in disciplinary action – BUT IT CAN!  In Ohio, a...

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Ohio OVI Defense Attorney Quote of the Week

United States Supreme Court Justice Byron White in the landmark case of United States vs. Wade, 388 U.S. 218 (1967) "Law enforcement officers have the obligation to convict the guilty and to make sure they do not convict the innocent. They must be dedicated to making the criminal trial a procedure for the ascertainment of the true facts surrounding the commission of the crime. To this extent, our so-called adversary system is not adversary at all; nor should it be. But defense counsel has no comparable obligation to ascertain or present the truth. Our system assigns him a different mission. He...

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Ohio DUI Law: What is an “Alford” Plea

An “Alford plea” is a specialized type of guilty plea when the defendant, although pleading guilty, continues to deny his or her guilt but enters the guilty plea because the defendant believes that the offered sentence is better than what the outcome of a trial is likely to be. State v. Schmidt, 3d Dist. No. 10- 10-04, 2010-Ohio-4809, ¶13. See, also, State v. Piacella (1971), 27 Ohio St.2d 92, 271 N.E.2d 852. The term “Alford plea” originated with the United States Supreme Court's decision in North Carolina v. Alford (1971), 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162, wherein...

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Ohio State Highway Patrol Announces “All Out” Initiative

May 18th is "All Out" Day for the Ohio State Highway Patrol The Ohio State Highway Patrol will be conducting an “All Out Day” on May 18, in which all sworn officers from all ranks will be patrolling Ohio roads in an effort to reduce fatal and injury crashes. The initiative, which serves as a high visibility enforcement effort, is not only a deterrent for crash causing violations, but also calls attention to dangerous driving behaviors.  Troopers warn Ohio motorists that, "with the onset of warm weather and an increase in fatalities, it is more important than ever to make sure motorists are...

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Ohio’s Adoption of Real ID Highlights Controversy

REAL ID is a federal effort to help prevent terrorism and fraud by improving the integrity and security of driver licenses (DL) and identification (ID) cards. In order for a state to issue REAL ID compliant DL and ID cards, the state must meet a set of requirements put in place by the REAL ID Act of 2005 and must self-certify its compliance to the Department of Homeland Security (DHS).  It was supposed to be implemented by May 11, 2011.  You may remember the crisis of whether or not you would be able to get on an airplane with just your...

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Ohio OVI Breath Testing – Bigger Is Better?

The Intoxilyzer 8000 breath testing machine adopted by Ohio in all 88 counties differs significantly from the Intoxilyzer 5000 machine that has been used for years.   Both machines operate using INFRARED ABSORPTION to analyze breath samples.  The sample (deep lung aveolar air) is blown into the sample chamber and then excited by an infrared light source.  The decrease in intensity of the IR light due to absorption by alcohol in the breath sample is proportional to the alcohol in the breath. The Intoxilyzer 8000 has a significantly smaller sample chamber (29.4 cc's vs. 84 cc's in the 5000) and...

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The Reality of an Ohio DUI Arrest

You are out to dinner with friends and you decide to have a couple of beers.  On the way home you see police lights in your rearview mirror.  The officer approaches and says, “I noticed that your license plate light was not working.”  You remember that the news announced a major “saturation patrol” was taking place and that officers were pulling people over for any conceivable reason.  You tell the officer that you only had a couple of beers.   “Sir, could you please step out of the car.”  The officer puts you through a series of difficult, confusing and humiliating...

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Rowland Attends 19th Annual Mastering Science In A DUI/DWI Seminar

Today I am attending the 19th Annual Mastering Science in a DUI/DWI case in New Orleans, Louisiana.  The seminar is a gathering of eminent DUI attorneys from around the country and focuses on the latest techniques in using science to defend clients accused of impaired driving.  The seminar was founded by William C. ―Bubba‖ Head, one of the deans of DWI defense law, in Atlanta, Georgia, in 1994.  The Texas Criminal Defense Lawyers Association and the National College for DUI Defense (NCDD) have continued the tradition of excellence for which this seminar has become known. It has been, and remains, the premier DWI/DUI...

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