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Dayton DUI Attorney Charles Rowland > Uncategorized (Page 19)

Photos of Courthouses in the Dayton Area

One of the greatest benefits of my job is that I get to travel throughout the state of Ohio visiting some marvelous courthouses.  I have taken to photographing the places I visit and posting them to my Pintrest page.  If you, like me, have an interest in these buildings and their unique architecture please enjoy this partial slideshow.[SlideDeck2 id=24910]...

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Illegal Transportation of Alcohol In Ohio; O.R.C. 4301.60

"If you are going to buy a keg, buy it in Ohio,"  or you face violating Ohio law.  Transport issues are answered at the Ohio Department of Commerce/Ohio Investigative Unit website, which states, "Any resident of this state or any member of the armed forces of the United States, who has attained the age of twenty-one years, may bring into this state, for personal use and not for resale, not more than one liter of spirituous liquor, four and one-half liters of wine, or two hundred eighty-eight ounces of beer in any thirty-day period, and the same is free of any tax...

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“LIKE” DaytonDUI on Facebook

8,000 DaytonDUI Fans Can't Be Wrong If you like the articles related to Ohio DUI law that you see here, please join our 8,000+ fans on Facebook.  The Dayton DUI Facebook page is a constant feed of information related to Ohio DUI law, decisions from the Ohio and United States Supreme Court, red-light cameras, checkpoints throughout Ohio, developments in civil liberties and the latest information about DaytonDUI.  I promise to work really hard to bring you relevant, funny and enlightening content on a daily basis.  Facebook also offers you a way to participate and register your opinions about Ohio's tough DUI laws.  So please consider giving...

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Standardized Field Sobriety Tests; the walk & turn test

The Trooper gave me a “walk the line” test.  What was he looking for? The Walk & Turn test is a divided attention test that is used as part of the three-test battery of field sobriety tests.  The officer will observe your performance on this test, looking for eight (8) clues of impairment.  You will be deemed to have failed the test if you present just two (2) of the eight (8) clues.  According to NHTSA, the Walk & Turn test is 68% accurate in determining alcohol intoxication above 0.10% BAC (when two or more clues are present).  See generally 2006...

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MADD Gets Your Money!

Despite sequestration, budget cuts, deficit spending and general dysfunction in Washington D.C., one thing is clear: M.A.D.D. will always get its money.  This week MADD boasted that Congress has provided full funding for the main components of its agenda.  The spending bill allows over $50 million for aspects of the Campaign to Eliminate Drunk Driving, including:$29 million for three annual high visibility “crackdowns.”  Two of these crackdowns are the twice yearly Drive Sober or Get Pulled Over campaigns, which target drunk drivers and the Click It or Ticket seat belt campaign.  By securing this funding, MADD wins the argument about invasive and unpopular checkpoints.$20...

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You’re Not Drunk, You’re ADD/ADHD

To be diagnosed with ADD/ADHD, a person has to demonstrate an inability to complete divided-attention testing.  In 2009, the Centers for Disease Control reported that 9.5 percent of children in the United States had ADHD, up from the previous survey.  The trend has not gone unnoticed amongst the insurance industry who reported at the 162 annual meeting of theAmerican Psychiatric Association in May 2009 that:28 percent of adult drivers with ADHD reported receiving a citation withing the prior twelve months. 34 percent reported being in an auto collision. 44 percent reported either a citation or a collision.The standardized field sobriety tests are divided-attention tests.  Given these statistics,...

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Arrested for DUI? You Are Innocent.

If you tell your friends that you were arrested for punching someone in the face, their overwhelming reaction will be, "Wow, what happened?"  If, however, you tell them that you were arrested for DUI, those same friends will say, "Oh, I'm so sorry."  What is the difference?  When a person is facing a DUI charge, guilt is assumed.  How in the world did this happen?  How did our presumption of innocence, so valued in the American tradition of law, become so cheapened?  Perhaps we can look to the politically charged nature of the crime of drunk driving.  We can blame...

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The Limits of the Standardized Field Sobriety Tests

Ohio Revised Code 4511.19(D)(4)(b) sets forth the standards for admissibility of the results of field sobriety tests in OVI (drunk driving) prosecutions.  See State v. Bozcar, 113 Ohio St. 3d 148, 2007-Ohio-1251, 863 N.E.2d 115 (2007).  In order for the tests to be admissible, the State must demonstrate:By clear and convincing evidence. The Officer administered the tests insubstantial compliance. The testing standards for any reliable, credible, and generally accepted test. Including, but not limited to, the standards set by NHTSA.The only guidance provided for determining the meaning of “substantial compliance” has come from State v. Burnside, 100 Ohio St. 3d 152, 2003-Ohio-5372 (2003), wherein the court indicated that errors that...

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What Does A DUI Cost?

What does a DUI defense cost?  We encounter many people who want a rational, economic justification for hiring an OVI attorney on a first offense OVI.  The only study I could find on this topic was a 2006 Texas Department of Transportation study which calculated the costs of a drunk driving conviction "in that state showed the total costs of a DWI arrest and conviction for a first-time offender with no accident involved would range from $9,000 to $24,000." [source]  In a story from CNBC citing that study, they speculate that total costs, absent you losing your job, could range...

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