20 December

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Lawyer Up! Use Your Right To Remain Silent

I Have A Right To Remain Silent! We frequently encounter jurisdictions that conduct “interviews” with a suspect following an arrest. These interviews are carefully crafted checklists that gather incriminating statements related to the elements of the crime and further attempt to limit mitigating factors which your attorney may later wish to assert. You have the right to remain silent – use it!The questions typically seek to establish that the suspect was “operating” the vehicle. Officers will also ask what the person had to eat and drink, when, where and how much. Medical issues, mental issues, eye health, and other questions seek...

21 September

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Why The Founding Fathers Opposed A Standing Army

Posted by Dayton DUI

in DUI Lawyer

Just how opposed were the Founding Fathers to a standing army? Their revolutionary experience of the founding fathers forged a deep mistrust of standing armies. They viewed them as a pernicious threat to liberty. Here are just a few quotes that explain how and why the idea (what we would call a police state today) was anathema to the first Americans.During the Virginia ratifying convention, James Madison described a standing army as the “greatest mischief that can happen.”In addition, fellow delegate to the Constitutional Convention of 1787, George Mason put a finer point on it: "No man has a greater regard...

03 March

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Springfield Red Light Camera Program Restrictions Upheld

Posted by Dayton DUI

in DUI Process

Springfield was trying to defy the (relatively) minor rules placed on their use of automated ticketing machines. On Friday, the Second District Court of Appeals ruled that it was entirely constitutional for the legislature require police presence where photo ticketing devices are in use (view ruling). Springfield refused to make any changes at all in the way their private vendors operated. They filed suit to block enforcement, objecting to the new law's requirement that a safety study justify the use of a camera and the prohibition on ticketing vehicles allegedly traveling 5 MPH or less over the speed limit."Upon review, we conclude...

21 September

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This Constitution Day, Let’s Restore Faith In The Criminal Justice System

Posted by Dayton DUI

in Ohio Criminal Law

The criminal law is precariously balanced between protecting our safety and preserving our freedoms. Good lawyers and good police officers work as adversaries, but in concert, to advocate for the system to be the best it can be. The current climate of "us versus them" is too prevalent in the system and has the potential for disastrous societal ramifications.Policy-makers have imposed agenda driven outside influences on the criminal justice system that make balance hard, if not impossible. When this happens we have decade long imbalance that results in citizens distrusting the system. The "War on Drugs" and Prohibition are examples...

14 September

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Why The Founders Opposed Militarized Police

Posted by Dayton DUI

in Uncategorized

Just how opposed were the Founding Fathers to a pervasive militarized police force? Their revolutionary experience forged a deep mistrust of standing armies. They were viewed as a pernicious threat to liberty. Here are just a few quotes that explain how and why the idea (what we would call a police state today) was anathema to the first Americans.During the Virginia ratifying convention, James Madison described a standing army as the “greatest mischief that can happen.”Fellow delegate to the Constitutional Convention of 1787, George Mason put a finer point on it: No man has a greater regard for the military gentlemen...

10 August

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Being a DUI Attorney…

Posted by Dayton DUI

in DUI Lawyer

What I have learned being a DUI attorney. I have learned through the years that being a drunk driving defense attorney inspires some intense emotions in folks. I have been called some vicious names and I have had people wish harm on me and my family - "I hope that your kids...

08 June

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OVI Checkpoints Miss The Point Says ABI

Posted by Dayton DUI

in Checkpoints, News

The American Beverage Institute is an industry-sponsored advocacy group that has stood up to Mother Against Drunk Drivers and their campaing for government funded OVI checkpoints. The beverage group says that the National Highway Traffic Safety Administration and Mothers Against Drunk Driving (MADD) should back off from the roadblocks and instead support roving patrols to catch heavy drinkers. "By promoting sobriety checkpoints, MADD and NHTSA are ignoring the root cause of today's drunk driving problem - hard core alcohol abusers,'' ABI managing director Sarah Longwell said in a statement."Because they are highly visible by design and publicized in advance, roadblocks...

08 April

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What Is The Rule of Law?

Posted by Dayton DUI

in Uncategorized

We often hear how, in order for society to function, we must uphold the "Rule of Law." But what does this mean? In one of its most simple constructions, it means that we are to be ruled by laws, not the whims of humans. Traditionally, the rule of law has the following precepts:The government, its agents and private entities such as banking institutions and corporations are accountable to legal authority. The laws of the land are accessible, reasonably understood, stable and just; they are applied evenly so as to protect the safety of the citizens and allow for the freedom to...

18 February

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Driving Is A Right – Not A Privilege!

Posted by Dayton DUI

in DUI Process

Driving Is A Right - Not A Privilege!Have you ever been told that "driving is a privilege?" Bah! This author argues that case law needs to be expanded to include “driving” as a fundamental right under the First Amendment’s Freedom of Assembly. Thus, the analysis should be under the substantive due process analysis not simply under the procedural due process analysis.Because the human rights of freedom of movement, right to earn a living and the right to peaceably assemble are only capable of being maintained with a valid driver’s license, the Court should require a more rigorous standard before depriving...

05 January

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Why The ALS Suspension Is Unconstitutional

Posted by Dayton DUI

in DUI Law

We are often asked how the arresting officer is authorized to take a persons' license under the ALS suspension, and whether or not this is constitutional. The dilemma presented by Ohio DUI Law is this: If I am innocent until proven guilty, how can they punish me by immediately taking my license when I am accused of DUI? This site takes the position that the current law is unconstitutional. But before we jump into the argument, it is important to understand how the current law works. If you are stopped for an OVI, DUI or drunk driving and you refuse to take a...

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