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Dayton DUI Attorney Charles Rowland > Uncategorized (Page 65)

The DUI Exception to the Constitution

"But I thought I had a right against self-incrimination," the very bright college student said to me as we were discussing his arrest for DUI (now called OVI).  "Why do I have to take a chemical test if I know it will incriminate me?" "Well,"  I said, "the Fifth Amendment does not apply to DUIs." The look of disbelief still firmly in place he pulls a copy of the constitution given to him at orientation and reads the plain language from the Bill of Rights. "How can they get around that?"  The answer can be found at South Dakota v. Neville 459...

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DUI Offense? Beware Travel to Canada

Canadian law, specifically the Immigration and Refugee Protection Act, R.S.C., ch 27 para 36 (2001), may bar entry into Canada for any person convicted of a DUI.  The exception may last five years from the date of sentence and may require the person seeking admission to satisfy the Minister of Immigration that rehabilitative measures have been taken. Id. at pt.3, paras 17 and 18 (2002).  If you are granted entry the temporary resident permit can be cancelled at any time. Id. at ch. 27, para 24(1)(2001).  Further, a person issued a temporary residence permit is required to be examined upon...

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F.A.A. Issues Rule on Pilots and Alcohol Use

[caption id="" align="alignright" width="83"] Image via Wikipedia[/caption]Originally Published on Aeronet Fri, 23 Jun '06It's now a matter of law. The FAA Thursday issued a long-awaited final ruling on alcohol and drug abuse, under which a pilot who either refuses a drug or alcohol test at the airport, or is found with a blood-alcohol content of more than .04-percent, will lose his medical certificate.The same rules would apply to air traffic controllers, as well. The rule also standardizes the deadline for reporting positive tests or refusals.The changes go into effect July 21, 2006. The new rules were met with opposition from the...

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