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Dayton DUI Attorney Charles Rowland > Posts tagged "YouTube" (Page 29)

The Reality of an Ohio DUI Arrest

You are out to dinner with friends and you decide to have a couple of beers.  On the way home you see police lights in your rearview mirror.  The officer approaches and says, “I noticed that your license plate light was not working.”  You remember that the news announced a major “saturation patrol” was taking place and that officers were pulling people over for any conceivable reason.  You tell the officer that you only had a couple of beers.   “Sir, could you please step out of the car.”  The officer puts you through a series of difficult, confusing and humiliating...

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DUI Case Law Update: State v. Houck

 State v. Houck, 2011-Ohio-6359, In State v. Houck, the Fifth District Court of Appeals upheld a decision of the lower court on defendant's Motion to Suppress.  The issue involved an arrest for OVI which was made after an officer alleged the defendant was weaving within his lanes and crossing the center line ONCE.  Just one problem.  When the video was viewed at the motion to suppress hearing, no weaving and no crossing of the center line was observed.  "In this case, the video tape introduced at trial affirmatively demonstrates Appellee’s vehicle did not appear to swerve back and forth and does not...

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MADD Fights For DADDS Technology Study In Senate Transportation Bill

In a great article in Politico, Kathryn Wolfe describes the fight brewing between MADD and the opponents of their latest prohibition technology - DADDS.  MADD has been working with major insurance companies and automobile manufacturers to get a passive alcohol system (called DADDS) as mandated equipment in every automobile in the world.  In 2008, at MADD’s urging, the Automotive Coalition for Traffic Safety entered into a $10 million agreement with the federal government to develop such a technology. This system would  search every driver (not just convicted DUI offenders) every single time they started their car.  This year, MADD's power as...

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Toledo DUI: Circle Toledo Enforcement Initiative Announced

More than 30 different police agencies in the Toledo Metro Area will take part in Circle Toledo, which will start Friday and run through Saturday.  Similar to recent enforcement efforts in Columbus, the Patrol will be on the look out for any reason to pull over drivers who they suspect may be driving under the influence of drugs or alcohol.  Toledo may have been chosen because the area has seen an increase in traffic fatalities from 19 to 31 over the same time period from last year.  The Circle Toledo blitz will run for the next four weeks.   DUI attorney Charles M....

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You Have The 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.  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 to limit the suspect's ability to later assert a defense to the clues of impairment...

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Ohio DUI Law: The Hematocrit Defense

How bloody is your blood?  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 much alcohol may be contained in the blood and,...

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Aggravated Drug Trafficking vs. Drug Trafficking in Ohio

Because of the high-profile nature of drug offenses, trafficking in drugs has overlapping federal and state jurisdiction.  The Comprehensive Drug Abuse Prevention and Control Act is the legal foundation of "War on Drugs" in the United States. The Act regulates the manufacture, possession, movement, and distribution of drugs in our country. It places all drugs into one of five schedules, or classifications, and is controlled by the Department of Justice and the Department of Health and Human Services, including the Federal Drug Administration.  Ohio law, as set forth below, adopts this drug classification system.  Drug trafficking can be charged as...

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WCPO I-Team Questions the Standardized Field Sobriety Tests

“I would never recommend anyone take the field sobriety test. It’s designed to fail.”  That is the conclusion of Dr. Spurgeon Cole, a retired Clemson University psychology professor whose area of expertise is the study of measurements.  He says all ages are scored the same, and “whether you’re a good athlete or you’re a klutz, you get the same [test].”  This conclusion is set forth in the I-team investigation into the Standardized Field Sobriety Tests by WCPO, ABC 9 in Cincinnati. Full Story HERE.  Attorneys who defend the accused drunk driver agree. “They are setting you up to fail," MJ Donovan...

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Ohio DUI Law: Your Right To A Speedy Trial

Your right to a speedy and public trial is enshrined in the Bill of Rights.  The Sixth Amendment to the United States Constitution provides, "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of...

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Ohio Has Declared War on Drunk Drivers

In 1982, Ohio declared “WAR” on drunk driving.  Since that time Ohio has devised one of the toughest DUI systems in the nation.  By creating a civil penalty called an automatic license suspension, even a first time DUI results in an immediate loss of your “right” to drive.  A conviction can result in a jail sentence ranging from the mandatory minimum three days to a maximum of six months and a minimum fine of $375.00 up to $1,075.  Conviction of a first time DUI will result in a license suspension lasting from six months to three years.  If a driver...

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