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Dayton DUI Attorney Charles Rowland > Uncategorized (Page 64)

Ohio DUI Defense and Dayton DUI partner with DUI-Web

Charles M. Rowland II is a proud affiliate of www.DUI-Web.com.  DUI-WEB is an association of qualified DUI/DWI defense attorneys who will vigorously defend your case and protect your rights.  If you have been arrested for Driving Under the Influence (DUI), Driving While Intoxicated (DWI) or a similar offense, it is imperative that you retain a qualified DUI/DWI defense attorney immediately. Drunk driving laws are state specific and vary state by state. If you have been arrested and charged with a DUI/DWI related offense the consequences can change your life.Almost every alcohol driving related offense includes the suspension of your driver’s license. In...

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Standardization Vital to Field Test Reliability

The Importance of Standardization The validity of SFST results is dependent upon practitioners following the established, standardized procedures for test administration and scoring. NHTSA's SFST Student Manual states that the procedures demonstrated in the training program describe how SFSTs should be administered under ideal conditions, but that ideal conditions do not always exist in the field. Variations from ideal conditions, and deviations from the standardized procedures, might affect the evidentiary weight that should be given to test results.Courts in several states have reviewed the admissibility of field sobriety tests that assess physical coordination and have held that deviations in the administration of...

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Rowland Elected President of the Greene County Bar Association

Today I was elected President of the Greene County Bar Association.  I am honored by this selection and will work hard to be a good representative of the attorneys who have placed their trust in me.  The Greene County Bar Association consists of almost 200 attorney members, the majority of  whom  are practicing attorneys in Greene County, Oho and it is representative of almost all areas of the legal profession....

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Standardized Field Sobriety Tests; What Is the 3-Test Battery

The Standardized Field Sobriety Test (SFST) is a battery of three tests administered and evaluated in a standardized manner to obtain validated indicators of impairment and establish probable cause for arrest. These tests were developed as a result of research sponsored by the National Highway Traffic Safety Administration (NHTSA) and conducted by the Southern California Research Institute. A formal program of training was developed and is available through NHTSA to help law enforcement officers become more skillful at detecting DWI suspects, describing the behavior of these suspects, and presenting effective testimony in court. Formal administration and accreditation of the program...

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Preface to the 2006 Standardized Field Sobriety Test Manual

Preface to the 2006 Version of the NHTSA Student SFST Manual The procedures outlined in this manual describe how the Standardized Field Sobriety Tests (SFSTs) are to be administered under ideal conditions. We recognize that the SFSTs will not always be administered under ideal conditions in the field, because such conditions will not always exist. Even when administered under less than ideal conditions, they will generally serve as valid and useful indicators of impairment. Slight variations from the ideal, i.e., the inability to find a perfectly smooth surface at roadside, may have some affect on the evidentiary weight given to the results. However, this does not necessarily make...

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DUI Arrest; When do I go to court?

If you are placed under arrest you will be afforded the opportunity to make bond. In most jurisdictions, an officer has the discretion to release you to a sober friend upon completion of the testing procedure.  Some officers use this discretion as a means of extracting cooperation.  If you are held overnight you will be required to make bond.  In a D.U.I. case the bond is usually low enough that most people will only have to spend one night in jail. If, however, you are unable to make bail you will remain in jail until your first scheduled court appearance....

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Ohio’s DUI Look-back Law and “Equivalent Statutes”

The following article from www.talkleft.com is illustrative of how different states treat the .08 presumption of impairment.  This is important for Ohio attorneys facing a charge under 4511.19(A)(2), (Ohio's 20 year look-back).  The statute requires that the offenses be "equivalent."  There is a good argument that states such as Virginia (described below) are not equivalent given the presumptions. VA Judge Refuses to Presume Guilt in DUI CasesBy TChris, Section Court Decisions Posted on Thu Oct 27, 2005 at 10:26:50 AM ESTWhile the headline to the linked story labels Judge Ian O'Flaherty a “maverick,” it might be more accurate to call him “brave” for standing up...

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MADD favors higher beer taxes to fund its agenda

The following is from an article on a proposed rollback of the tax on beer.  As you can guess MADD is against it and wants higher beer taxes, more police and more prosecutions.  You can find the original/complete article here. But groups like Mothers Against Drunk Driving (MADD) argue that lowering the tax will harm underage drinkers because beer will become more affordable to youths who are especially sensitive to prices. MADD points out that young people consume approximately 10% of all beer sold, with more than 1.1 billion cans of beer consumed annually by underage drinkers."A lower tax could lead to...

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Modern Drunkard Magazine: The Chicago Lager Riots of 1855

Chicago, circa 1850, was a rough-and-tumble city crouching by the chilly, windy waters of Lake Michigan, a final outpost on the edges of the great western frontier. An argument can be made as to which was more hazardous — the city or the frontier.The city’s population numbered some 80,000 souls, with newcomers arriving daily, most looking for work in the burgeoning stockyards or on the lake-front docks. The poor and working classes outnumbered the moneyed elite by almost five to one. Saloons, beer gardens, and taverns outnumbered other businesses two to one, and churches almost fifteen to one. The good...

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Eliminate DUI / OVI Sobriety Roadblocks

IntroductionThis unique site, dedicated to the subject (and elimination) of roadblocks on public streets, roads and highways, is sponsored by the National Motorists Association, North America's most outspoken defender of drivers' rights (www.motorists.org). Our position on roadblocks is not complicated.Our PositionWe oppose the use of roadblocks, period. The only justification for stopping citizens under a roadblock scenario is to warn them of an unseen peril that could cause injury or death to an unsuspecting motorist. So-called "sobriety check points," or seat belt checks, or the myriad of other excuses the government concocts to harass and intimidate its citizens through the use...

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