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Dayton DUI Attorney Charles Rowland > Uncategorized (Page 17)

Community Control (Probation) in an OVI Case

If you are charged with a DUI (now called OVI; operating a vehicle impaired) chances are you will be placed on probation at the disposition of your case. Probation is now called "community control" and provides for terms and conditions you must comply with in order not to go to jail.  Probation requires you to work with a "probation officer" (P.O.) for a given period of time as set by the court.  A common misconception is that the probation officer will actively work against you in an effort to return you to jail.  Most of the time, the probation officer is working to make...

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Alcohol Impairment & Your Ears

Alcohol acts as a sedative on the central nervous system, which explains the impaired speech, vision, coordination, and concentration. But the part of the brain it affects the most is the part responsible for behavior and emotion. Your sense of judgment is weakened, and suddenly speaking your mind doesn't seem so bad. You feel braver since your socially conditioned safety stops or filters are circumvented.  But how does it affect your hearing?According to studies, "[a]uditory acuity is not generally affected in humans at low blood alcohol levels (less that 0.10 g/dL).  Pihkanen & Kauko (1962) reported impairment in two out...

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DUI & The Ohio Boater Freedom Act

On July 11, Ohio signed HB 29 the "Boater Freedom Act."  House Bill 29 specifies that the state’s law enforcement personnel may only stop a vessel if they have reasonable suspicion that the vessel or vessel’s operator are in violation of marine law or otherwise engaged in criminal activity. Currently, a boater on Lake Erie may be stopped by a state watercraft officer, local marine patrol, or the U.S. Coast Guard to conduct a safety check, sometimes multiple times in one day.Boaters in the Western Basin of Lake Erie have been complaining of the constant safety inspections by the Ohio...

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Don’t Drink (Diet Soda) and Drive

A new study released in the journal Alcoholism suggests that cutting alcoholic drinks with diet soda makes them more potent than using their full-calorie counterparts. Specifically, researchers found that mixing alcohol with diet (sugar-free) soft drinks resulted in a higher breath alcohol content than mixing alcohol with a regular (sugar-sweetened) soft drink.  And we are not talking about a small difference.  "Participants who drank diet soda with vodka had blood alcohol contents as high as 18 percent more than when sugar-containing mixers were used."  Why?  Diet beverages, since they contain no sugar, do not trigger the stomach to delay emptying,...

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Alcohol’s Impact On Motorcycle Operation

It is harder to control a motorcycle than it is to drive a car.  The motorcycle requires a need for greater coordination and balance.  Motorcycle accidents also carries a considerably greater risk of injury or death.  An assessment of operating performance of experienced motorcyclists using a motorcycle simulator reveal positive correlations between potentially fatal errors and breath alcohol levels well below the then-accepted legal limit of intoxication of 0.10 g/dL (Colburn et al., 1993).  Performance decrements were noted as BAC increased from 0.038-0.059 g/dL (Robinson et al., 1990).Motorcyclists drink at a higher percentage than car/truck drivers, but the motorcycle operators...

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What Does “Proof” Mean?

Modern breweries and distilleries are bustling with science.  They employ teams of in-house scientists who are employed in areas such as quality assurance, new product development and process development.  Several institutions offer brewing qualifications. The Institute of Brewing and Distilling (IBD) in London offers a diploma in brewing and a master brewing course. Some companies, such as Coors, pay for their staff to do these courses, which can be spread out over a number of years. Alternatively, the International Centre for Brewing and Distilling at Heriot-Watt University in Edinburgh, UK, offers both honours and masters degrees in brewing and distilling. Two...

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How Can You Defend Drunk Drivers?

This is my favorite quote and a constant source of inspiration.  When I am asked how can you defend criminals and drunk drivers?, this is my response,“It is not the responsibility of knights errant to discover whether the afflicted, the enchained and the oppressed whom they encounter on the road are reduced to these circumstances and suffer this distress for their vices, or for their virtues: the knight's sole responsibility is to succour them as people in need, having eyes only for their sufferings, not for their misdeeds.” ― Miguel de Cervantes Saavedra, Don QuixoteRelated articlesThe Trial Attorney Creed (from Don...

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What Is Wrong With The HGN? (by DaytonDUI)

The horizontal gaze nystagmus test is an eye test approved by the National Highway Traffic Safety Administration(hereinafter NHTSA) as a tool to detect clues of impairment in drivers.  The HGNtest is one of three psychomotor tests approved as part of the standardized field sobriety testing protocol employed by law enforcement officers throughout the United States and used here in Ohio.When an officer asks you to follow his pen, he is performing the horizontal gaze nystagmus test.  Nystagmus is defined as the oscillation of the eyeball that occurs when there is a disturbance of the vestibular system or the oculomotor control of the eye.  The nystagmus the...

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A Prosecutor’s Voir Dire Advantage: The Primacy & Recency Effect

In Ohio, the prosecuting attorney in a DUI/OVI trial gets to make the first presentation in voir dire, has the first opportunity to do opening and closing, and also has a rebuttal that follows the Defendant's closing argument.  Why is this a big advantage?Psychologists tell us that there is the tendency for the first items presented in a series to be remembered better or more easily, or for them to be more influential than those presented later in the series. If you hear a long list of words, it is more likely that you will remember the words you heard first...

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