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Dayton DUI Attorney Charles Rowland > Uncategorized (Page 24)

The 47 Types & 38 Causes of Nystagmus; (It’s Not Just Caused by Alcohol)

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. The HGN is a test of your eyes wherein the testing officer is looking for abnormal movements call saccades.  These movements make the eye appear to bounce or wobble.  The officer uses this movement to make a correlation to alcohol use.  This would valid only if we are...

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Alcohol and Energy Drinks (by DaytonDUI.com)

In 2005, the Drink Four  Brewing Company introduced Four Loko to the American malt beverage market. The name "Four" is derived from the original energy drink's four main ingredients: alcohol, caffeine, taurine, and guarana.  There are three product lines within the Four brand:Four Loko — contains either 6%, 8%, or 12% alcohol by volume (ABV), depending on state regulations, and is packaged in 23.5 oz. cans Poco Loko — contains 8% alcohol by volume (ABV), and is packaged in 16 oz. cans Four Loko in bottles — contains either 6% or 8% alcohol by volume (ABV), and is packaged in 11.2 oz. glass bottlesOriginal formulations of both beverages were a malt liquor-based, caffeinated alcoholic energy...

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Flying While Impaired: Pilots’ DUI Reporting Requirements

Representing a pilot is one of the most specialized areas of DUI (drunk driving) practice.  Often, even if the pilot avoids a DUI conviction, consequences may still exist based on the fact that the pilot refused a breath test or blew over the legal limit.  Charles M. Rowland II has represented members of the military, military and civilian pilots, law enforcement, paramedics/EMTs and other who face a career-ending DUI charge.  Military pilots and private pilots face strict rules imposed by the Federal Aviation Administration (F.A.A.).  We protect your pilot's license. If you are a pilot charged with drunk driving you...

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Dayton DUI Announces Labor Day DUI Effort

The Montgomery County OVI Task Force announced that DUI enforcement will be stepped up for the Labor Day holiday.  "Drive Sober or Get Pulled Over," a nation-wide impaired driving crackdown will begin August 17 and will last until September 7th.  The crackdown will include OVI checkpoints, high visibility enforcement, saturation patrols and a national advertising campaign.  Major John Dipietro of the Montgomery County Combined Agency OVI Task Force announced two sobriety checkpoints in Montgomery County this weekend.   For more information, visit the “Drive Sober or Get Pulled Over” Campaign Headquarters atwww.nhtsa.gov/drivesober.DUI attorney Charles M. Rowland II dedicates his practice to defending...

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DUI and Teachers

I have to admit to having a great admiration for teachers, school administrators, and school employees.  This admiration lead me to serve two terms on the Beavercreek School Board and it also motivates me to fight hard on behalf of those in the education profession who face a career-killing OVI offense.  Being arrested on suspicion of driving while intoxicated is a threat to anyone’s livelihood, but it can have a devastating impact on teachers and administrators. TEACHERS AND EDUCATION MAJORS First the good news, usually an OVI arrest will usually not result in disciplinary action – BUT IT CAN!  In Ohio, a...

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In A Departure, DaytonDUI Demystifies Wine

Wine improves with age. The older I get, the better I like it. ~ Anonymous  Have you ever been confused by the names given to different sized wine bottles?  Most standard wine bottles are 757 milliliters which is roughly equivalent to 1/5th of a U.S. gallon, thus they are called "fifths."  The cheaper wines are sold in liters, so avoid buying a two-liter bottle of wine unless you are a connoisseur of Boone's Farm (fan page HERE).  More costly wines come with bottle names that require a chart and a knowledge of the local area.  Use this chart the next time you're eying...

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Motorcycles and DUI in Ohio

IN HONOR OF STUGIS, HERE IS SOME INFORMATION ON MOTORCYCLES AND DUI The National Highway Transportation Safety Administration (NHTSA) has developed a guide specific to motorcycle operators.  The basis of this motorcycle guide are based on a 1993 study, The Detection of DWI Motorcyclists, DOT HS 807 839, March 1993; Jack W. Stuster, Anacapa Sciences Inc., wherein police reports were used to identify "cues" of impaired drivers.  Over 100 "cues" were narrowed down to 14.  NHTSA lables 7 of these "cues" as "excellent" predictors of impairment and 7 are considered "good" predictors of impairment.  According to NHTSA "excellent" is defined as...

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Can I Still Be A Nurse If I Get A DUI In Ohio?

Nurses and DUI in OhioYes, you can be a nurse if you have a DUI in Ohio.  According to the Ohio Nursing Board's Criminal History Fact Sheet, there are eleven offenses that are automatic bars to obtaining a nursing license for applicants who entered a prelicensure nursing education program after June 1, 2003. This means that the Board of Nursing (Board) is prohibited from issuing a license to a person who has pled guilty to, been convicted of, or has a judicial finding of guilt for one of the offenses listed below.Aggravated Murder Murder Voluntary Manslaughter Felonious Assault Kidnapping Rape Aggravated Robbery Aggravated Burglary Sexual Battery Gross Sexual Imposition Aggravated Arson or a substantially similar law...

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Ohio DUI Law: What is an “Alford” Plea

An “Alford plea” is a specialized type of guilty plea when the defendant, although pleading guilty, continues to deny his or her guilt but enters the guilty plea because the defendant believes that the offered sentence is better than what the outcome of a trial is likely to be. State v. Schmidt, 3d Dist. No. 10- 10-04, 2010-Ohio-4809, ¶13. See, also, State v. Piacella (1971), 27 Ohio St.2d 92, 271 N.E.2d 852. The term “Alford plea” originated with the United States Supreme Court's decision in North Carolina v. Alford (1971), 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162, wherein...

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Ohio Boating Law and Boating Under the Influence

Ohio is cracking down on impaired boaters following a report from the United States Coast Guard which says Ohio is tied with Illinois with 18 alcohol-related accidents last year and trailed only Florida and Wisconsin, which had 25 and 19 respectively.  Alcohol is the leading contributing factor in fatal boating accidents, and was the leading factor in 16 percent of recreational boating deaths last year, according to the Coast Guard. Alcohol was a factor in five boating deaths and 21 injuries in Ohio in 2011.  In response, the Ohio Department of Natural Resources’ Division of Watercraft is joining units throughout...

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