Ohio DUI Law: Ineffective Assistance of Counsel

February 2nd, 2012 by DaytonDUI No comments »

Sometimes despite the best efforts of a skilled and competent DUI attorney, a client will be forced to endure an outcome they do not like.  When this happens there Is a natural and understandable desire to place blame.  We field many calls, mostly after a conviction, seeking an opinion about an attorney’s performance.  Some ask whether or not we would be willing to undertake an appeal.  To date, our answer has always been an emphatic “No!”

The purpose of this [Read the full post. . .]

Huber Heights DUI Cases Are Heard In The Montgomery County Municipal Court (Eastern Division)

February 2nd, 2012 by DaytonDUI 4 comments »

Huber Heights welcome sign with the phrase,

Does Huber Heights, Ohio Have It’s Own Municipal Court?

If you are arrested for misdemeanor DUI / OVI in Huber Heights your case will be heard in the Montgomery County Municipal Court, Eastern Division (formerly the Montgomery County Area II Court).   Many refer to Area II as the Huber Heights Municipal Court, but the court’s jurisdiction is larger, covering regions in north-east Montgomery County including the city of Riverside, Ohio.  The Montgomery County Area Two Court is [Read the full post. . .]

Are the Standardized Field Sobriety Tests Fair to Fatter People?

February 1st, 2012 by DaytonDUI 4 comments »

Police in Connecticut administer the one leg s...

Being overweight can impact your performance on the standardized field sobriety tests.  The government agency tasked with verifying the validity of the standardized field sobriety tests is the National Highway Traffic Safety Administration (hereinafter NHTSA).  NHTSA concedes that being fifty or more pounds overweight affects performance on the one-leg stand test; a test requiring the suspect to raise a foot off the ground and stand on one foot for 30 seconds. See NHTSA, DWI Detection and Standardized Field Sobriety Testing, [Read the full post. . .]

Ohio BMV Reinstatement Offices Expand Payment Sites

January 31st, 2012 by DaytonDUI No comments »

Sample of an Ohio sample license plate design ...

The Good News?  The Ohio Bureau of Motor Vehicles is expanding the locations where you can pay your reinstatement fee.  The Bad News?  It is going to cost you.  Starting today, 179 Ohio BMV deputy registrar sites will accept payments on reinstatement fees.  The deputy registrar sites will also accept the documentation required for reinstatement.  According to the story in the Springfield News Sun, “[t]he bureau says that doesn’t mean reinstatement would happen immediately. It might require more time to [Read the full post. . .]

DUI Law: What Should I Say?

January 30th, 2012 by DaytonDUI 1 comment »

If you are stopped by law enforcement on suspicion of drunk driving, the officer will ask “Have you had anything to drink tonight?”  Some officers ask a variant of this question by making it an accusation, “I smell alcohol, how much have you had to drink?”  We are often asked how best to answer this question.

The short, best and most protective answer is to reply that you are uncomfortable answering any questions without an attorney present.  You have a  [Read the full post. . .]