29 August

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DaytonDUI And The Continuing Problems With the Intoxilyzer 8000

The implementation of the Intoxilyzer 8000 continues to be an embarrassment to all Ohioans. Not only is the machine rife with problems, but the Ohio Department of Health has botched both the writing of the rules of implementation. Now they plan on shutting down the key component of the Intoxilyzer 8000 scheme, the Breath Instrument On-line Database. The shutdown is due to complications, missing tests and disappearing data. This raises the question as to how the Ohio Department of Health will prove that they maintain three (3) years of data/subject tests as required by law. Likewise, they are unable to...

28 August

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DaytonDUI and the Cowboy Code of Conduct

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I came across this "Code of the West" some years ago. It has been a constant source of guidance in both my personal and professional dealings. Attorneys could do worse than to live by this code in our profession and our dealings with clients.Code of the West (from "Cowboy Ethics: What Wall Street Can Learn from the Code of the West" by James P. Owen) Live each day with courage. Take pride in your work. Always finish what you start. Do what has to be done. Be tough, but fair. When you make a promise, keep it. Ride for the brand. Talk less and say more. Remember that some things aren't...

24 August

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

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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...

23 August

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Alcohol and Energy Drinks (by DaytonDUI.com)

Posted by Dayton DUI

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In 2005, the Drink Four Brewing Company introduced Four Loko to the American malt beverage market. The name "Four" is derived from the original energy drink's four main ingredients: alcohol, caffeine, taurine, and guarana. There are three product lines within the Four brand:Four Loko — contains either 6%, 8%, or 12% alcohol by volume (ABV), depending on state regulations, and is packaged in 23.5 oz. cans Poco Loko — contains 8% alcohol by volume (ABV), and is packaged in 16 oz. cans Four Loko in bottles — contains either 6% or 8% alcohol by volume (ABV), and is packaged in 11.2 oz. glass bottlesOriginal formulations of both beverages were a malt liquor-based, caffeinated alcoholic energy...

17 August

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Multiple OVI Checkpoints Planned for August 17th-19th

Posted by Dayton DUI

in Checkpoints

"Drive Sober or Get Pulled Over" is being launched with multiple OVI checkpoints this weekend. There will be multiple checkpoints tonight (August 17th) and tomorrow (August 18th) throughout the Miami Valley. Please check back at this post as we will update all of our information as it becomes available. Montgomery County: Montgomery County will hold one of two planned checkpoints on Friday. The checkpoint will take place on Wayne Avenue and will operate from 9 p.m. until approximately 1:00 a.m.Kettering, Ohio: Kettering has announced that it will be using enhanced enforcement techniques for DUI enforcement leading up to and throughout the...

16 August

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Dayton DUI Announces Labor Day DUI Effort

Posted by Dayton DUI

in News, Uncategorized

The Montgomery County OVI Task Force announced that DUI enforcement will be stepped up for the Labor Day holiday. "Drive Sober or Get Pulled Over," a nation-wide impaired driving crackdown will begin August 17 and will last until September 7th. The crackdown will include OVI checkpoints, high visibility enforcement, saturation patrols and a national advertising campaign. Major John Dipietro of the Montgomery County Combined Agency OVI Task Force announced two sobriety checkpoints in Montgomery County this weekend. For more information, visit the “Drive Sober or Get Pulled Over” Campaign Headquarters atwww.nhtsa.gov/drivesober.DUI attorney Charles M. Rowland II dedicates his practice to defending...

06 August

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Motorcycles and DUI in Ohio

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IN HONOR OF STUGIS, HERE IS SOME INFORMATION ON MOTORCYCLES AND DUI The National Highway Transportation Safety Administration (NHTSA) has developed a guide specific to motorcycle operators. The basis of this motorcycle guide are based on a 1993 study, The Detection of DWI Motorcyclists, DOT HS 807 839, March 1993; Jack W. Stuster, Anacapa Sciences Inc., wherein police reports were used to identify "cues" of impaired drivers. Over 100 "cues" were narrowed down to 14. NHTSA lables 7 of these "cues" as "excellent" predictors of impairment and 7 are considered "good" predictors of impairment. According to NHTSA "excellent" is defined as...

17 July

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DUI Blood Tests: Whole Blood vs. Serum/Plasma

Posted by Dayton DUI

in DUI Process

Ohio Administrative Code 3701-53-03(A) sets forth the techniques and methods for determining the concentration of alcohol in blood, urine and other bodily substances. Pursuant to that rule, Ohio allows for testing including gas chromatography and enzyme assays. To challenge a blood test, it is important to know if the State has tested the blood as whole blood or as serum/plasma. Operation with a concentration of alcohol is prohibited if the concentration in whole blood is equal to or exceeds .08%, R.C. 4511.19(A)(1)(b). However, the prohibited concentration for whole blood is a concentration equal to or exceeding .096%, R.C.4511.19(A)(1)(c). The high...

13 July

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Ohio DUI Law: Admissibility of the Standardized Field Sobriety Tests

Posted by Dayton DUI

in DUI Law

Ohio Revised Code 4511.19(D)(4)(b) sets forth the standards for admissibility of the results of field sobriety tests in OVI (drunk driving) prosecutions. See State v. Bozcar, 113 Ohio St. 3d 148, 2007-Ohio-1251, 863 N.E.2d 115 (2007). In order for the tests to be admissible, the State must demonstrate:By clear and convincing evidence. The Officer administered the tests in substantial compliance. The testing standards for any reliable, credible, and generally accepted test. Including, but not limited to, the standards set by NHTSA.The only guidance provided for determining the meaning of "substantial compliance" has come from State v. Burnside, 100 Ohio St. 3d 152, 2003-Ohio-5372...

10 July

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Ohio DUI Law Update: Appellate Court Upholds Intoxilyzer 8000

Posted by Dayton DUI

in DUI Law, DUI Process

In the first appellate decision involving the Intoxilyzer 8000, Ohio's 12th District Court of Appeals ruled that tests should be allowed despite the plain language of the Ohio Administrative Code. The ruling is the first setback to defense attorneys (like me!) who have challenged the implementation of the machine in Ohio. The case is State v. Kormos, 2012-Ohio-3128 and you can read the full decision HERE.At issue was Ohio Administrative Code section 3701-53-04 which incorporates the new rules for calibrations of the Intoxilyzer 8000. See O.A.C. 3701-53-04(B) as set forth below. The “new” standards “automatically perform a dry gas control test before...

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