Blog

Lawyer Up! Use Your Right To Remain Silent

We frequently encounter jurisdictions that conduct “interviews” with a suspect following an arrest.  These interviews are carefully crafted checklists that gather incriminating statements related to the elements of the crime and further attempt to limit mitigating factors which your attorney may later wish to assert.  You have the right to remain silent – use it!…
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Felony OVI Prompts Questions Over Juvenile’s Right To Counsel

Yesterday, the Ohio Supreme Court ruled in a felony OVI case that a juvenile has a right to counsel at every stage of a legal proceeding.  State v. Bode, Slip Opinion No. 2015-Ohio-1519. As stated in CourtNews, the court held that, "If confinement is a possible punishment for a juvenile, the juvenile must have waived…
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The Phase Two Finger Dexterity Test

Can you do the Finger Dexterity Test? There are three distinct phases to an alcohol investigation. The first phase involves the officer's observation of a person's driving. It is called the "Vehicle In Motion" phase. The ultimate determination in this phase is whether or not the officer will initiate a traffic stop.  Phase one of…
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Ohio DUI Defense – What Books Do You Need?

Ohio DUI defense includes having the right materials to prepare your case for trial.  There are 14 NHTSA police training manuals that are specific to an DUI/OVI case.  They are: NHTSA DWI Detection and Standardized Field Sobriety Testing - Instructor Manual NHTSA DWI Detection and Standardized Field Sobriety Testing - Participant Manual NHTSA Drug Recognition…
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72 Hour Programs In The Miami County Municipal Court

According to its website, the Miami County Municipal Court has approved the following 72 hour OVI residential programs: Addiction Resource Center (ARC) - 937-767-0178 Drivers Intervention Program (DIP) - 937-492-8080 Weekend Intervention Program (WIP) - 937-775-3050 Buckeye Driver Intervention Program: Vandalia and Piqua - 937-415-0701 The 72 hour residential program is usually a requirement following an…
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Will An Ohio DUI Prevent Me From Getting An STNA?

A recent client asked, "Will an Ohio DUI charge prevent me from getting my STNA (State Tested Nursing Assistant) license? Short Answer: No! Candidates are trained and tested and their credentials are maintained by Ohio Department of Health's Nurse Aide Registry. You will be required to submit to a background check as part of the…
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Dayton Red Light and Speed Cameras Still Bad News

Dayton red light cameras are still on! Dayton has 30 speed and red light cameras in use throughout the city. Despite a law passed by the Ohio legislature, the cameras remain running due to a decision by Judge Barbara Gorman in the Montgomery County Court of Common Pleas Court.  Due to the Dayton ruling, and…
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What Is The Rule of Law?

We often hear how, in order for society to function, we must uphold the "Rule of Law." But what does this mean? In one of its most simple constructions, it means that we are to be ruled by laws, not the whims of humans.  Traditionally, the rule of law has the following precepts: The government,…
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Do I Need To Appear In The Miamisburg Municipal Court?

For anyone facing a DUI charge in the Miamisburg Municipal Court your first appearance in court will be a mandatory appearance unless you hire an attorney prior to the date.  The first appearance (called an arraignment) on a DUI charge requires an appearance. Traffic offenses which are NOT waiverable and therefore DO require a court…
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Defending A DUI: The Exit Sequence

The only way an officer will care about how you exit the vehicle is if he has already determined you may be impaired by alcohol or a drug of abuse. NHTSA IV-6. Therefore, to avoid the appearance that you are impaired, exit the car in an orderly fashion as instructed by the officer. From that point you can decide if it is in your interests to participate in the standardized field sobriety tests. Why would you?

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