03 August

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Juvenile DUI Offenses Cannot Be Used To Enhance Sentence

If you have a juvenile DUI offense on your record, this is big! In a 4-3 decision impacting juvenile DUI cases, State v. Hand, Slip Opinion No. 2016-Ohio-5504, the Ohio Supreme Court declared that treating cases from juvenile court as prior convictions for adult-sentencing purposes is unconstitutional, violating the due-process clauses of the Ohio and U.S. constitutions, and is “fundamentally unfair.” Writing For the Majority...

01 August

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What Is Probation Like?

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Probation and Community Control Probation in Ohio is now called "community control." It provides for terms and conditions you must comply with in order not to go to jail. The system 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 sure you comply with the court order and stay out of jail. It is up to you to...

31 July

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The Arraignment: Your First Appearance Before The Judge

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If you do not have an attorney, you may be required to appear at an arraignment hearing Here is what happens at an arraignment.The Judge, will explain the complaint to you which details the offense(s) you are charged with, and will explain it to you if you do not understand the nature of the charge(s). The Judge will also advise you of the potential penalties. You will have the opportunity to ask questions that you have on the rights explained here, the charge, or the maximum penalty possible under the law. You will have the right to retain an attorney...

28 July

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What Is Your Favorite Legal Movie?

Posted by Dayton DUI

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What is your favorite legal movie?DUI defense is never far from my mind. I was reminded of this last weekend watching my favorite legal movie, “My Cousin Vinny.” In the movie, a novice New York attorney (Joe Pesci) heads to the deep south to defend his cousin and his friend in a high-profile murder case. He is met with a hostile judge and a pompous attorney who are hell bent on seeing the two kids put away for murder. Consequently, comedy ensues.Because of his inexperience, Vinny has a hard time at trial. Especially relevant is his lack of understanding of...

27 July

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Drunk Droning is a Thing!

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Drunk Droning at the White House! Recently a drone was found on the grounds of the White House. Investigation revealed that it was an inebriated off-duty government worker. He was engaging in some drunk droning. This month, the Department of Transportation’s Federal Aviation Administration proposed a framework of regulations that would allow routine use of certain small unmanned aircraft systems (UAS) in today’s aviation system, while maintaining flexibility to accommodate future technological innovations. FAA Steps In Under the new FAA proposals, drone operators must be over 17 and obtain a proper license before flying. Drones may only be flown in the day time...

26 July

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Dedicated to DUI Defense

Posted by Dayton DUI

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DUI Defense Is All I Do When you cruise the internet looking for DUI Defense Attorneys, be sure to look for these buzz words."The DUI lawyer(S)" "Our DUI Team" - This means that more than one member of the firm could be responsible for handling your charge. It is not uncommon to not know who will show up to handle your case until the court date. It is also not uncommon to be under the assumption that the attorney you met with will be "your" attorney. Ask who will represent me at your initial consultation. At Babb & Rowland, the only person...

24 July

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Binge Drinking and College Culture – Dayton DUI

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Binge Drinking - What Is The Problem? Some opponents of alcohol consumption target the problem of binge drinking on college campuses. While there is no consensus on what "binge drinking" is, we know that college students do a lot of it. Binge drinking is the current target of temperance proponents. It is blamed for everything from sexual assaults to deaths from consumption. When a person consumes heavily, with the intention of achieving intoxication above .08% BAC, they are "binge drinking" according to critics. 74.4 percent of the time they are doing it with beer. (Nami, et.al. 2004). Wine bingers are rare....

20 July

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Alcohol Influence Report – OVI Trial Strategy

Posted by Dayton DUI

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The Alcohol Influence Report is a document prepared by the arresting officer noting each and every indicator for alcohol impairment that they took note of in their investigation. Most of the forms require that the officer simply check the predetermined indicator. Not surprisingly, all the officer's observations fall neatly into these predetermined areas. The report is a document of the officers opinions and should not be considered routine ministerial reports of a non-adversarial nature. Clearly, letting the jury have this document as evidence to review in the jury room would be prejudicial to an OVI defense.You need an attorney who...

18 July

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Self-Driving Cars and the End of DUI?

Posted by Dayton DUI

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Will Self-Driving Cars End DUI? One of the most frequently asked questions I get is, "Did Uber kill your business?" Occasionally, someone will ask about the arrival of self-driving cars. Well, the unfortunate truth is that neither self-driving cars or the Uber/Lyft phenomena is a panacea. Self-Driving Cars Self-driving cars have a great potential to stop DUI drivers. But...

10 July

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Zero Tolerance Per Se Marijuana Laws

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Zero Tolerance Per Se Marijuana Law Ohio adopted a “Zero Tolerance Per Se Marijuana Law." It is the harshest and least effective method of enforcement. To demonstrate how Ohio approached DUIM (driving under the influence of marijuana) let’s look at how other states have approached the issue.Current laws in the United States prohibiting driving under the influence of marijuana fall into one of three categories. Video on Marijuana and OVI charges in the state of Ohio. Impairment Laws Many states prohibit driving under the influence of marijuana (or any drug) to the degree that one cannot safely operate a vehicle, or some other effect-based language....

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