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Dayton DUI Attorney Charles Rowland > Uncategorized (Page 12)

Burden Shifting At A Motion To Suppress Hearing

A motion to suppress is often the most critical phase of the OVI trial process.  Procedurally, the defense attorney files a motion challenging all of the government's evidence.  Once this motion is filed the government has the burden of demonstrating the propriety of the arrest and that law enforcement substantially complied with the rules.When a defendant challenges the admission of a breath-alcohol test, courts apply a burden shifting analysis. The state must show substantial compliance with ODH regulations, and if the state meets that burden, a rebuttable presumption arises that the test results are admissible. Burnside at ¶ 24; State...

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Ohio OVI and Marijuana Blitz Along I-75

If you are driving along Interstate 75 this weekend, be aware of an Ohio OVI and marijuana enforcement blitz that may cause you to get stopped.OVI: The Ohio State Highway Patrol will team up with law enforcement officials from Florida to Michigan along the Interstate 75 corridor for the third I-75 Challenge. The initiative begins Friday, September 26 at 12:01 a.m. and ends Sunday, September 28 at 11:59 p.m. This effort is a high visibility enforcement initiative aimed at reducing traffic crash fatalities. Troopers in Ohio will be focusing on speed, safety belt and OVI enforcement during the initiative.Marijuana: The Ohio State...

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The Ohio Investigative Unit Conducts “Trace Back Investigations”

The Ohio Investigative Unit (formerly Liquor Control) has taken on a new task in Ohio - "trace back" investigations.  When a fatal crash occurs and alcohol or drugs are suspected, the OIU will step in to see where the alcohol came from and whether or not the person providing the alcohol or drugs can be held responsible.Through an integrated re-structuring within the Ohio Department of Public Safety that will reduce facility costs, streamline administrative functions and lead to better collaboration through improved information sharing and oversight, Ohio troopers will continue to focus on the suspected impaired driver, but Ohio Investigative...

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The Importance of the Burden of Proof

We want our judges to stand up for the highest tenets of justice and apply the burden of proof in a fair and impartial way - especially when the pressure is on.  Here is a very pertinent quote from the Charlotte Observer. The law presumes every citizen innocent, even when charged with DWI. A judge violates the judicial oath when he or she presumes that a citizen charged with DWI is guilty, gives greater weight to the state's evidence, is predisposed to find for the state, or looks for ways to assist the state in the prosecution of a case. Judges...

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Driving Is A Right Not A Privilege

Driving Is A Right!Have you ever been told that "driving is a privilege?" Bah! This author argues that the DUI 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 someone...

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Big Weekend For Craft Beer In Ohio

If you want to know anything about beer in Ohio, you have to check out the Beer Blog written by Rick Armon.  The Beer Blog chronicles anything and everything beer in and around Ohio.  This week he has chronicled all of the cool craft beer festivals that will take place this weekend. Here’s the beer in Ohio rundown:• The Craft Brew at the Zoo runs from 6 to 11 p.m. Saturday at the Columbus Zoo & Aquarium in Powell. There’s also a VIP session starting at 5 p.m. but that’s sold out. The event offers more than 50 craft beers, food and live music...

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New Rules For Tattoo Artists In Ohio

Ohio tattoo artists can expect new rules beginning in September.  Ohio has revised O.A.C. 3701-9-01 and O.A.C. 3701-9-02.  This marks the first time that Ohio has revised tattoo and body art rules since the late 90's.  It appears that legislators wanted to restrict minors from getting "certain areas" of their bodies pierced.  They have limited the piercing of "certain areas" even if the parents give their approval.  All body art business will be required to have an infection control plan and will be training public health inspectors to make sure the rules are being followed.  About one in five American...

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Ohio DUI Crackdown Begins Today!

You can expect a major increase in Ohio DUI enforcement beginning today.  Operation "Drive Sober or Get Pulled Over" will put 99 law enforcement agencies on our roads with over 8,400 hours of extra enforcement that will run through Labor Day.  The national Drive Sober or Get Pulled Over crackdown is a program organized by the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) and focuses on combining high-visibility enforcement with heightened public awareness through advertising and publicity.If you want to receive updated information on Dayton OVI checkpoint locations, enhanced traffic enforcement, saturation patrols and other important developments...

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A Motion To Suppress Is Vital In An Ohio DUI Case

In State v. French, 72 Ohio St. 3d 446, 1995-Ohio-32, 646 N.E. 2d 887 (1995), the Ohio Supreme Court held that a pretrial motion to suppress is the only way to challenge the admissibility of a chemical test.  If not filed, the results will be automatically admissible at trial.  The prosecuting attorney will not need to lay a foundation and any objection by the defense as to their admission will be overruled by the judge.  This makes choosing an experienced DUI attorney vital to your case as they will know what to challenge in a pretrial suppression motion.A motion to...

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We Know Who The Dangerous Drunk Drivers Are!

We know who the dangerous drunk drivers are.  According to the National Hardcore Drunk Driving Project: Hardcore drunken drivers are those who drive with a high blood alcohol concentration (BAC) of .15 or above or who do so repeatedly, as demonstrated by having more than one impaired driving arrest, and who are highly resistant to changing their behavior despite previous sanctions, treatment or education. We also know how dangerous these people can be. Hardcore drunk drivers are responsible for 70% of all drunk driving fatalities and are 380 times more likely to be involved in a fatal crash. Drivers with blood alcohol concentration levels in...

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