15 January

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Ohio DUI Blood Testing: Hemolysis

As blood testing becomes a more favored form of evidential testing in Ohio, attorneys must become familiar with flaws in the testing protocol which may create detriments to their clients. One such area for consideration is the way in which the blood specimen is handled from collection site to the property room to the Court.Most blood specimens are collected in Vacutainer tubes which contain pre-measured amounts of preservatives and anticoagulants. Mixing the specimen and the contents of the tube must be done in a prescribed manner involving the gentle inversion of the tube eight to ten times. The blood must...

09 January

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R.C. 4511.181, Prior Convictions

Posted by Dayton DUI

in Uncategorized

Ohio Revised Code 4511.181 sets forth the law of prior convictions in Ohio. It states that "equivalent offenses" can include:A state OVI under 4511.19(A); A state OVUAC offense under 4511.19(B); [often referred to as a "baby" DUI or an "juvenile" DUI] A violation of a municipal OVI ordinance; Involuntary manslaughter due to impairment, R.C. 2903.04(D); Aggravated vehicular homicide, vehicular homicide or vehicular manslaughter due to impairment, R.C. 2903.06(A)(1); Aggravated assault due to impaired driving, R.C. 2903.08(A)(1); Other state aggravated vehicular homicide, vehicular homicide, vehicular manslaughter offenses under R.C. 2903.06, R.C. 2903.08 or former R.C. 2903.07 based on a finding of impairment; A violation of a municipal ordinance...

04 January

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Ohio State Patrol To Enforce Dram Shop Laws

Posted by Dayton DUI

in DUI Process, Ohio Criminal Law

Dram shop is a legal term referring to a bar where alcoholic beverages are sold. Traditionally, it referred to a shop where spirits were sold by the dram, a small unit of liquid. Dram shop laws which are designed to make business establishments liable for the injuries or damages caused by persons to whom they have sold alcohol. For example, if a bar or tavern sells alcohol to a patron, and that patron then injures someone in a car accident, the dram shop law allows the plaintiff to recover damages from the bar as well as the intoxicated person. According to Ohio’s dram shop law, persons who...

04 January

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Roadside Seizure: Some Definitions (by DaytonDUI)

Posted by Dayton DUI

in Uncategorized

There are a number of legal terms that apply to the government's ability to take your stuff. Here is a guide to help you understand the different terms which may apply to your case.1. Seizure. Your car may be subject to seizure at roadside at the time of your arrest under certain circumstances. The officer's decision on whether or not to impound in an OVI arrest are governed by R.C. 4511.195. However, seizure of your vehicle is required for the following offenses,A second or greater OVI within six years, and any felony OVI offense. see R.C. 4511.19(G)(1)(b)(v), R.C. 4511.19(G)(1)(d)(v) and...

03 January

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OVI in Huber Heights? (by Dayton DUI)

Posted by Dayton DUI

in Ohio Cities

Does Huber Heights Have Its Own Municipal Court? If you are arrested for misdemeanor DUI / OVI in Huber Heights your case will be heard in the Montgomery County Municipal Court, Eastern Division. Many refer to this as the Huber Heights Municipal Court, but the court’s jurisdiction is larger, covering regions in north-east Montgomery County including the city of Riverside, Ohio. The Montgomery County Municipal Court is located at 6111 Taylorsville Rd.,Huber Heights, OH 45424-2951. You can contact the court’s Traffic/Criminal Division at (937) 496-7231, the Civil Division at (937) 225-5824 and you can fax information to (937) 496-7236. Charles M. Rowland II appears regularly in the Montgomery County Municipal Court (Huber Heights...

01 January

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Announcing Babb & Rowland (and free stuff)!

Posted by Dayton DUI

in Uncategorized

2013 ushers in a new chapter in our firm's history. Starting January 1st we will be Babb & Rowland, LLP.We will be providing the same client-centered services and adding some new faces. Jamie L. Anderson will be taking over the reigns of the domestic relations practice as we bid farewell and best wishes to Patricia Campbell who will be moving her domestic relations practice to Bellbrook. Jamie is formerly with the law firm of Weade, Anderson, Phipps & Aulman in Xenia, and she will bring her years of service to Babb & Rowland. You can find out more about Jamie...

31 December

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Avoid A DUI This New Year’s Eve (by DaytonDUI)

Posted by Dayton DUI

in Announcements

The best way to avoid a DUI this holiday season is to think ahead. I have been defending the accused drunk driver since 1995. Countless people have sat in my office lamenting the fact that they could have avoided the DUI charge by deciding to hail a cab, call a friend or waiting for their sober friend to drive them home. It is my belief that the solution to drunk driving as a societal problem involves focusing on the prevention of the drunk driving situation. Let's make things easier for a person to make a good decision. Here are some tips...

24 December

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Ohio State Highway Patrol Announces Christmas Enforcement Initiative

Posted by Dayton DUI

in Uncategorized

On Friday, the Ohio State Highway Patrol issued a press release announcing their annual Christmas enforcement initiative. This year they have stuck with the familiar "Drive Sober or Get Pulled Over" theme. I expect that the effort will be accompanied by a full media blitz including radio and television commercials. Below is the full text of the press release. Patrol to target impaired drivers this Holiday Season Drive Sober or Get Pulled Over COLUMBUS – The Ohio State Highway Patrol will be out in full force this holiday season removing dangerous and impaired drivers in an effort to reduce fatal and injury crashes....

21 December

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Drunk Driving Deaths At Record Low (by DaytonDUI)

Posted by Dayton DUI

in DUI Process

Drunken-driving deaths fell to a record low last year, according to data released by the U.S. Department of Transportation's National Highway Traffic Safety Administration (NHTSA). Fatalities in crashes involving drunken drivers declined 2.5 percent to 9,878 from the previous year and are down 53 percent since first measured in 1982.“This new data is encouraging, especially as we approach the holiday season when it is so important that we promote responsible drinking,” Beer Institute President Joe McClain said in a prepared statement. “We recognize that even with these record lows, more work remains to be done. Brewers and beer importers are committed to...

20 December

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How To Pay Your Ticket In Dayton (by DaytonDUI)

Posted by Dayton DUI

in DUI Law, Ohio Cities, Ohio Counties

If you receive a ticket in the jurisdiction of the Dayton Municipal Court, you can pay the ticket on-line, in person or by mail.Pay your fine online at www.paymyfine.org with a VISA or MASTERCARD. Traffic Tickets will be in the system within five (5) business days. Electronic parking tickets will be available for online payment within 12 hours of issuance. Handwritten parking tickets will be available for online payment within two business days of issuance.Pay in person between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday report to the Dayton Montgomery County Courts Building at 301 W. Third St.,...

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