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Vandalia Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "Vandalia" (Page 11)

Ohio Boating Law and Boating Under the Influence

Ohio is cracking down on impaired boaters following a report from the United States Coast Guard which says Ohio is tied with Illinois with 18 alcohol-related accidents last year and trailed only Florida and Wisconsin, which had 25 and 19 respectively.  Alcohol is the leading contributing factor in fatal boating accidents, and was the leading factor in 16 percent of recreational boating deaths last year, according to the Coast Guard. Alcohol was a factor in five boating deaths and 21 injuries in Ohio in 2011.  In response, the Ohio Department of Natural Resources’ Division of Watercraft is joining units throughout...

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Madison County OVI Checkpoint (6/29/12)

Madison County will have a checkpoint Friday night along U.S. Route 42 in conjunction with the London Police Department and the Ohio State Highway Patrol. It will be from 9 pm to 1 am.  If you want to receive updated information on sobriety checkpoints,  enhanced traffic enforcement, saturation patrols and other important developments that affect you, sign up for text alerts on the main page of this blog.  Text alerts will be sent directly to your mobile device/smartphone in the location you choose in the Miami Valley.  In the past month we have alerted our followers to the State Route 35 traffic initiative...

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Ohio DUI Update: State Patrol Participates in the Six-State Trooper Project

Expect to see a heightened OVI presence across six states this weekend.  Ohio State Highway Patrol troopers will join forces with other members of the 6-State Trooper Project to prevent driving while intoxicated on June 29 and 30.  The 6-State Trooper Project is a multi-state law enforcement partnership focused on providing coordinated law enforcement and security services in highway safety, criminal patrol and intelligence sharing.  The OVI enforcement initiative will include Ohio State Highway Patrol, Indiana State Police, Kentucky State Police, Pennsylvania State Police and the West Virginia State Police.  Ohio troopers will focus on high OVI-related crash areas and oversee OVI...

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Ohio DUI Law: Probation

If you are charged with a DUI (now called OVI; operating a vehicle impaired) chances are you will be placed on probation at the disposition of your case.  Probation is now called "community control" and provides for terms and conditions you must comply with in order not to go to jail.  Probation requires you to work with a "probation officer" (P.O.) for a given period of time as set by the court.  Often, a court will only keep you on probation until you have paid all fines and costs and complied with the requirements of your punishments.  In most courts,...

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Ohio Commercial Driver Law: An Overview

I Fight For Commercial DriversOhio Revised Code 4506.16 sets for the ways that you can be disqualified or lose your commercial driver's license.4506.16(D)(5) If you are convicted of two "serious traffic violations" within a three (3) year period, your commercial driver's license will be suspended for sixty (60) days. 4506.16(D)(6) If you are convicted of three "serious traffic violations" within a three (3) year period, you commercial driver's license will be suspended for 120 days.If you receive a conviction of any of the following, your commercial driver's license will be suspended for one year:4506.15(A)(2) You have a BAC of .04% or...

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Defending An OVI: The Hematocrit Defense

How bloody is your blood?  To answer this question we look at your hematocrit.  The hematocrit is the number expressing the cell volume of blood (the size and number of red blood cells in proportion to the rest of the blood).  As humans, we all have a natural variation in our hematocrit.  Healthy men have a natural variance from 40.7% to 50% and healthy women have a natural variance from 36.1% to 44.3%.  The hematocrit level is a moving target.  Illness, hydration and stress can cause variations in the hematocrit level. The hematocrit level affects all breath tests by governing how...

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Ohio DUI Law: Is Duress An Affirmative Defense To An OVI?

Duress was asserted as an affirmative defense in Cleveland v. Chambers, 1984 WL 5006 (Ohio Ct. App. 8th Dist. Cuyahoga County 1984).  In that case, the accused was robbed in a parking lot and told to "get out of here" by the perpetrator who took the extra step of following him in a separate car.  The police found the defendant when he subsequently crashed his car.  The defendant was charged with OVI.  Even under these extreme circumstances, the court found the defendant's apprehensions "did not create a circumstance where [he] had no control over his actions nor where he was...

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DUI Science: How To Read The Correlation Studies in the NHTSA Manual

Researchers at the National Highway Traffic Safety Administration (NHTSA) have created a booklet for law enforcement called “Guide for Detecting Drunk Drivers at Night.”  This guide sets forth some of the most common and reliable indicators of drunk driving.  The list divides driving behaviors into four areas of clues that officers are trained to look for: Maintaining Lane Position, Speed and Braking, Vigilance, and Judgment.  The following is a list of symptoms in descending order of probability that the person observed is at or above a .10% BAC, thus statutorily driving while intoxicated.Turning with a wide radius Straddling center of lane marker “Appearing to be...

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Commercial Driver’s License Disqualification in Ohio

You will lose your Ohio CDL for one year if convicted of any of the following offenses:Driving any vehicle with a blood alcohol count (BAC) of 0.08% or higher Driving a commercial motor vehicle (CMV) with a BAC of 0.04% Refusing to submit to a sobriety test Leaving the scene of an accident Using the vehicle to commit a felony Driving a commercial motor vehicle (CMV) with a suspended, revoked or canceled CDL Causing a fatality through negligent drivingSerious Offenses, These violations include:Speeding 15 mph over the posted speed limit Reckless driving Improper lane changes Following a vehicle too closely Driving a CMV without holding a CDL Driving a CMV without having...

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Invalid Consent Leads To Exclusion Of Blood Test

If your DUI case involves an automobile accident, you may be taken to the hospital.  In this setting it is likely that an investigating officer will request a sample of your blood.  Frequently, the issue of consent will be raised.  Your Ohio DUI lawyer can challenge the validity of the consent and whether or not the consent was made knowingly and voluntarily.  These issues were recently addressed in State v. Rawnsley, 2011-Ohio-5696.On April 24, 2010, Defendant Ann Rawnsley was involved in a two-car accident which resulted in sufficient injuries that she was removed to Miami Valley Hospital by ambulance.  Injuries to...

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