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Dayton DUI Attorney Charles Rowland > Uncategorized (Page 55)

False Eyewitness Identification

Image via Wikipedia60 Minutes did a great story on false eyewitness identification.  It is startling to see Lesley Stahl choose the wrong "perp" just after it is explained to her how she will be tricked.  While the issue of false eyewitness identification rarely occurs in a DUI/OVI case, good trial attorneys will use whatever they can to extricate their clients from a false criminal charge....

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Reasonable Articulable Suspicion Defined by Second District

[caption id="" align="alignright" width="192" caption="Image by Jason Rojas via Flickr"][/caption]In State v. Swartz , the Second District, following a line of its own cases, upheld a decision of the Miami County Municipal Court, ruling that a Trooper did not have reasonable articulable suspicion to subject the defendant to standardized field sobriety tests. This is a MUST READ decision for anyone who practices DUI/OVI law in Ohio. ...

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Ohio Seat Belt Law May Change

Image via WikipediaThere is a provision in the Ohio Budget Bill (HB 2), Ohio's massive traffic law overhaul, that would change the current Ohio seat belt law from secondary enforcement to primary enforcement. This means that drivers can be pulled over for not wearing a seat belt without another violation being committed. This is a betrayal of promises made by the Ohio legislature which assured motorists that the law was only going to be enforced as a secondary law when the law was being considered for passage. Contact your representatives and let them know you do not support this law.Contact Info: http://www.legislature.state.oh.us/search.cfm#reps_zipView House Budget...

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How to Persuade a Judge, by Justice Scalia

Image via WikipediaAccording to Justice Antonin Scalia in his book Making Your Case, Judges can be persuaded only when three conditions are met:(1) They must have a clear idea of what you're asking the court to do.(2) They must be assured that it's within the court's power to do it.(3) After hearing the reasons for doing what you are asking, and the reasons for doing other things or doing nothing at all, they must conclude that what you're asking is best -- both in your case and in cases that will follow.Although I disagree with his philosophy and much...

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Bar on Gun Ownership Upheld at US Supreme Court

[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption]WASHINGTON – The Supreme Court on Tuesday affirmed the use of a federal law barring people convicted of domestic violence crimes from owning guns, the first firearms case at the high court since last year's decision in support of gun rights.  The case is U.S. v. Hayes, 07-608.The court, in a 7-2 decision, said state laws against battery need not specifically mention domestic violence to fall under the domestic violence gun ban that was enacted in 1996.It is enough, Justice Ruth Bader Ginsburg wrote in her majority opinion, that the victim of such a crime be involved in a...

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Dangers of Texting Outweigh Drinking or Smoking Marijuana

Texting while Driving Even More Dangerous than Driving while Drunk or High on Marijuana Research in Great Britain has found that texting behind the wheel is more dangerous than driving while intoxicated or under the influence of marijuana (cannabis).  The study used a driving simulator with young drivers aged 17 to 24. Writing or reading text messages reduced reaction time by 35%. In comparison reaction time dropped 21% for those under the influence of marijuana and 12% for those who were legally intoxicated by alcohol.  The ability of to keep a vehicle in a lane dropped by 91% for those texting,...

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Drinking On Your Birthday

Image via WikipediaAn interested party recently asked:  If you were born at 11:00 pm, can you begin drinking on your 21st birthday at midnight or do you have to wait until 11:00 pm on your birthday?  Well, according to State v. Yarger 2009-Ohio-543, 3rd District Court of Appeals:  View Court Published Official Document, the State of Ohio does not recognize fractions of a day.  Based upon this ruling it is appropriate to serve alcohol to persons at the stroke of midnight on the date of their birth, regardless of the time of birth. Thanks...

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Forensic Science Questioned by the NACDL

I am writing to alert NACDL membership to an important development that may have a significant impact on criminal defense practice.  The National Research Council today released a sweeping critique of current forensic science methods presented by police and prosecutors in courtrooms across the country.  The report, Strengthening Forensic Science in the United States: A Path Forward, found that too many “crime” labs evince a prosecutorial bias more oriented toward convicting suspects rather than scientific truth. It found that many currently accepted fields are based on outmoded or untested theories ...

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