03 April

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Gas Chromatography Mass Spectrometry (An Overview)

To fully comprehend the processes of chemical testing, your DUI attorney should understand gas chromatography - mass spectrometry. Gas chromatography mass spectrometry (hereinafter GCMS) is a method that combines the features of gas-liquid chromatography and mass spectrometry to identify different substances within a test sample. GC-MS has been widely heralded as a "gold standard" for forensic substance identification because it is used to perform a specific test.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. The GCMS instrument is...

29 March

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Ohio OVI Law: Impairment by Drugs

Posted by Dayton DUI

in Drugs & Alcohol

Ohio is making the transition to using the Drug Recognition Expert protocol in apprehending and prosecuting impaired drivers. DRE refers not only to the officers themselves, but to the 12-step procedure that these officers use. DRE was developed by police officers from the Los Angeles (California) Police Department. In 1979, the Drug Recognition program received the official recognition of the LAPD. On October 22, 2010, Ohio became the 48th state to be accepted into the International Association of Chiefs of Police's (IACP) Drug Evaluation and Classification Program (DECP).Once approved by the IACP's DECP Highway Safety Committee, Ohio was eligible to provide the DRE...

28 March

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Clayton OVI Attorney

Posted by Dayton DUI

in Ohio Cities

If you are arrested in Clayton, Ohio on suspicion of drunk driving, this page will provide you with information that can help you win your case and get your life back. Charles M. Rowland II developed www.ClaytonDUI.com to provide exceptional DUI services to residents of Clayton and Randolph Township. He has been representing the accused drunk driver in Clayton since 1995. Which Court Will I Go To? The city of Clayton is serviced by the Vandalia Municipal Court which is located on the 2nd floor of the Justice Center at 245 James E. Bohanan Memorial Drive, Vandalia, Ohio. The Court operates Monday through Friday,...

27 March

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DUI Science and Blood Contamination

Posted by Dayton DUI

in DUI Process

The practice of modern DUI law involves understanding the various scientific tests that have become commonplace in forensic collection and storage of specimens for alcohol analysis. Specifically, DUI attorneys must understand that contamination can increase the concentration of ethanol in a specimen. Typically, contamination takes one of two forms. The first is straight-forward physical contamination which may manifest itself before, during or after collection. The second form of contamination occurs when microorganisms contaminate a sample and produce ethanol in the sample thereby falsely inflating the amount of ethanol therein. This article will focus on the physical contamination that may cause...

20 March

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Prior Convictions Used To Enhance An OVI

Posted by Dayton DUI

in DUI Law

It is not uncommon for a client to choose my representation on a second, third, or fourth OVI offense. One of the first things we check is whether or not the client was represented by an attorney in the previous convictions. We also check to see if the prior plea had a valid waiver of counsel. Both of these issues were addressed by the Ohio Supreme Court in State v. Brooke, 113 Ohio St. 3d 199, 2007-Ohio-1533, 863 N.E. 2d 1024 (2007), wherein the Court stated: Generally, a past conviction cannot be attacked in a subsequent case. However, there is a...

18 March

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Arrested for DUI? You Are Innocent.

Posted by Dayton DUI

in Uncategorized

If you tell your friends that you were arrested for punching someone in the face, their overwhelming reaction will be, "Wow, what happened?" If, however, you tell them that you were arrested for DUI, those same friends will say, "Oh, I'm so sorry." What is the difference? When a person is facing a DUI charge, guilt is assumed. How in the world did this happen? How did our presumption of innocence, so valued in the American tradition of law, become so cheapened? Perhaps we can look to the politically charged nature of the crime of drunk driving. We can blame...

13 March

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Did You Sign The Ticket? (by DaytonDUI)

Posted by Dayton DUI

in DUI Law

An often-overlooked piece of exculpatory evidence is your signature. When the officer has read and explained your rights prior to conducting an evidential breath test, he or she will ask you to sign a form entitled the BMV Form 2255 Notice of Administrative License Suspension. Under Ohio Revised Code 4511.192 (A) "The officer SHALL give that advice in a written form that contains the information described in division (B) of [that] section and SHALL read the advice to the person. The form shall contain a statement that the form was SHOWN to the person under arrest and read to the person by...

07 March

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Montgomery County, Ohio OVI Attorney

Posted by Dayton DUI

in Ohio Counties

If you are arrested on suspicion of OVI in Montgomery County, Ohio, your case will be heard in one of these courts. Montgomery County Court of Common Pleas. This court hears all felony level cases including aggravated vehicular homicide, aggravated vehicular assault and felony-enhanced DUI offenses. The Court is located in the Montgomery County Courts Building at 41 N. Perry Street in downtown Dayton. The Judges who serve the Montgomery County Court of Common Please are: Dennis Adkins, Steven Dankof, Barbara P. Gorman (Administrative and Presiding Judge), Mary Katherine Huffman, Dennis J. Langer, Frances E. McGee, Timothy N. O’Connell, Connie S. Price, Gregory F. Singer, Michael L. Tucker, and Mary Wiseman. You can contact...

27 February

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OVI Trial Strategy: The Cop Was Not A Liar (by DaytonDUI)

Posted by Dayton DUI

in DUI Law

Most Americans trust and respect police officers. If you think that you will be able to go into a courtroom and overcome this ingrained belief you are, most of the time, dead wrong. Americans do not like drunk drivers. If you think that you can win an OVI case by calling the police officer a liar, you will probably lose. One of the biggest mistakes an attorney can make is to position your case so that the jury must choose between believing the officer's version of events or your version of events. Jury verdict research suggest a modified approach.The officer...

15 February

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Defending The Accusation Of Slurred Speech (by DaytonDUI)

Posted by Dayton DUI

in DUI Law

A very common observation by law enforcement in an impaired driving investigation is the presence of "slurred speech." Experience trial counsel will look to the totality of evidence to combat the damning accusation of slurred speech.Many traffic stops are now captured on video tape. As the quality of the recordings has improved we are often able to hear exactly what the officer is hearing. Reasonable people can disagree as to whether or not the speech on a video is "slurred" and whether or not it was fair for the officer to describe the speech as slurred. Another, more subtle method...

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