09 October

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Lawyer Up! Invoke Your Right To Remain Silent (by DaytonDUI)

The Fifth Amendment to the U.S. Constitution provides that no person shall be compelled in any criminal case to be a witness against himself. At trial, the prosecution can neither call the defendant as a witness, nor comment on the defendant's failure to testify. Whether to testify or not is exclusively the privilege of the defendant. Harris v. N.Y., 401 U.S. 222,225 (1971). Outside the context of detention or arrest, a person has no duty to answer any questions of police at all; and if judicial compulsion is sought by the State, the person still can invoke his Fifth Amendment...

05 October

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Fight Your Marked Lanes Violations, O.R.C. 4511.33 (by Dayton DUI)

Posted by Dayton DUI

in Uncategorized

The National Highway Traffic Safety Administration (NHTSA) has developed a guide for detecting drunk drivers. In that guide, NHTSA identifies 24 "clues" that potentially impaired drivers exhibit. Many of those "clues" relate to the driver's ability to maintain proper lane position. Your attorney should aggressively defend your driving and point out to a judge or jury other possible causes of weaving such as: texting, eating, telephone calls, conversations with other passengers, changing the radio station, stretching, or fatigue may account for the driving.Your DUI defense lawyer should also be prepared to argue that your weaving may not violate Ohio law. ...

03 October

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Ohio OVI Law: The Coming DRE Expert

Posted by Dayton DUI

in Drugs & Alcohol, DUI Law

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...

02 October

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Ohio Revised Code 4511.194, Physical Control

Posted by Dayton DUI

in DUI Law

Ohio Revised Code section 4511.194 defines the crime of “Physical Control.” The crime of "Physical Control" involves being in physical control of a vehicle while under the influence of alcohol or a drug of abuse. This definition means that you do not have to be driving or operating the car. If a person is in the driver’s position of the front seat of a vehicle, or in the driver’s position of a streetcar, or trackless trolley and having possession of the vehicle’s, streetcar’s or trackless trolley’s key, or other ignition device that person is in “physical control” of the vehicle. See...

25 September

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Are the Standardized Field Sobriety Tests Fair to Fatter People?

Posted by Dayton DUI

in DUI Law

Being overweight can impact your performance on the standardized field sobriety tests. The government agency tasked with verifying the validity of the standardized field sobriety tests is the National Highway Traffic Safety Administration (hereinafter NHTSA). NHTSA concedes that being fifty or more pounds overweight affects performance on the one-leg stand test; a test requiring the suspect to raise a foot off the ground and stand on one foot for 30 seconds. See NHTSA, DWI Detection and Standardized Field Sobriety Testing, Participant's Manual (2006), re: WAT at VIII-11, re: OLS at VIII-13. Id. re: 50 lbs at VIII-13. In older versions...

20 September

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Vehicle Immobilizations (by DaytonDUI)

Posted by Dayton DUI

in Uncategorized

An arrest for drunk driving has many harsh and unintended consequences. One of the most vexing is immobilization. When a person is arrested for DUI the arresting officer has discretion as to whether or not the suspect's car will be towed. Sometimes safety concerns, agency policy or other concerns will cause the officer to call for a tow truck to impound your car. I have also had cases where an officer goes to great lengths to secure a suspect's car so that they will not incur the inconvenience of an impoundment. As with other aspects of Ohio DUI law, having...

19 September

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Administrative License Suspension (by DaytonDUI)

Posted by Dayton DUI

in Uncategorized

If you are stopped for an OVI, DUI or drunk driving and you refuse to take a chemical test (breath, blood or urine), or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC), the police officer can and will take your driver's license on the spot causing your drivers license to be suspended immediately. This pre-conviction suspension is called the ADMINISTRATIVE LICENSE SUSPENSION. The ALS is a suspension imposed by the Ohio Bureau of Motor Vehicles and not a suspension imposed by the court. For many the days following a drunk driving arrest are the hardest to...

17 September

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Proof Beyond All Reasonable Doubt And Other Closing Arguments (by DaytonDUI)

Posted by Dayton DUI

in DUI Law

Imagine that you woke up with a sore throat. It persists throughout the day and into the next. As the week drags on you feel worse and worse and your wife demands that you go to the doctor. You hate doctors, but you feel so lousy that you agree to get your throat checked out. When you arrive you fill out the requisite forms and wait longer than you feel is necessary. Just as you are nearing your boiling point a nurse calls your name and leads you into a small room. You tell her that you've had a sore...

13 September

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5th District Upholds Sobriety Checkpoint (by DaytonDUI)

Posted by Dayton DUI

in Checkpoints, DUI Law

In the recent case of State v. Park, 2012-Ohio-4069, the 5th District Court of Appeals sided with troopers in their administration of a sobriety checkpoint. The Court found against Defendant’s Karen Parks claim that she was wrongfully stopped at a Licking County sobriety checkpoint because the troopers lacked reasonable suspicion of criminal activity and did not properly administer the stop. The Defendant alleged that the troopers adjusted how many vehicles they stopped depending on the traffic in violation of their posted procedures. “Based upon the high volume of traffic, the troopers stopped every third vehicle, but when the traffic decreased,...

31 August

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Making Bail In Your Ohio DUI Case

Posted by Dayton DUI

in Uncategorized

When you are arrested for OVI in Ohio, the police have the discretion to release you or to hold you in a local jail. If you are released, you are given a court date and it is your responsibility to show up at the designated time and place so that your case can proceed. Failure to do so will result in an arrest warrant being issued. The time and place of your appearance appears at the bottom of your ticket. There you will find the date and the address of the court where your case will be heard.If you are...

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