Archive for December, 2011

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Blood Contamination & Candida Albicans

December 27th, 2011
Feeling Faint

If a blood sample is not properly preserved it can decompose.  One of the results of decomposition is the creation of alcohol.  According to Lawrence Taylor in his seminal Drunk Driving Defense, 6th Ed., pp. 561, “Ethyl alcohol is generated by fermentation of carbohydrates and proteins in the blood sample.  This occurs through the actions of various microorganisms.  The simplest and one of the most common processes is the breakdown of enzymes by one of various species of the yeast Candida, such as Candida albicans.”  The results of the fermentation in the blood vial is dramatic.  For example, a blood sample which contains no alcohol can decompose and cause a reading of .25 percent or even higher, depending on the stage of decay. (See Taylor, Id. at 561).

Proper handling of the blood sample requires the refrigeration of the blood sample.  The problem is that refrigeration can only slow down the decomposition process not end it completely.  Another protective measure is the addition of a preservative, such as sodium fluoride.  Scientific studies (as cited in Taylor, Id. at 563) suggest that sodium fluoride can be ineffective in preventing alcohol production by Candida albicans.  Counsel should also be aware of common human errors which can occur following collection of the blood sample.  It is not at all uncommon for the blood to be collected and the vial not inverted to allow the mixing of the preservative and the sample.  Make sure that your DUI defense attorney is aware of these problems which may prevent the introduction of your blood test, or provide you with a viable defense in your case.

Dayton DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook, www.facebook.com/daytondui.  You can also email Charles Rowland at: CharlesRowland@CharlesRowland.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

 

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Posted in Blood & Urine Tests

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Happy Holidays From All Of Us At DaytonDUI.com

December 25th, 2011
Ilex aquifolium, Deutsch: Europäische Stechpal...

The holiest of all holidays are those
Kept by ourselves in silence and apart;
The secret anniversaries of the heart,
When the full river of feeling overflows;–
The happy days unclouded to their close;
The sudden joys that our of darkness start
As flames from ashes; swift desires that dart
Like swallows singing down each wind that blows!
– Henry Wadsworth Longfellow

Happy Holidays from all of us at the Law Offices of Charles M. Rowland II.  The season brings to mind all of the goodness you have brought to us throughout the year and we wish to express our gratitude and thanks to you — our clients.  We also wish to thank the law enforcement officers who patrol our streets. As we open our gifts on Christmas morning, there is an officer somewhere doing an impossibly dangerous job and doing it with dignity and a respect for the perpetrator that will never be reciprocated.  I did not want to let this season pass without offering this sincere and oft-overlooked sentiment… Thank you.

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Should I Blow?

December 23rd, 2011

Under What Circumstances Should I Take A Breath Test?

To blow or not to blow, that is the question.  Unfortunately, the answer is “maybe” and involves a very complicated investigation of the facts of your case and your personal history.  You should NEVER refuse the test without understanding how a refusal would affect YOU.  No attorney can know all of the circumstances of your arrest and your personal history, always ask to speak to an attorney when making this decision.

Can you answer “TRUE” to ALL of the following questions? If so, you can politely DECLINE any police test(s) of your blood, breath, or urine with minimum impact.  Be prepared and know your rights.

a. I am an Ohio license holder, 21 years or older; AND

b. I was not involved in an accident involving possible death or to serious injury to ANYBODY, even members of my family, pedestrians or passengers; AND

c. I do not have a commercial driver’s license (CDL); AND

d. No matter where I currently have a license to drive, I have had no prior drunk driving convictions or deferred pleas for DUI in ANY state within 6 years (from the date of conviction until now).

Refusing a chemical test can result in harsh penalties which includes a one-year license suspension, but your attorney can fight to get this reduced.  In some courts your refusal may be held strictly against you and in others you may be able to get a reduced suspension despite your refusal.  In State v. Hill, 2009-Ohio-2468, the Appellate Court upheld the right of a trial court to enhance a penalty based on a refusal to take the chemical test. In most circumstances, a refusal to take a chemical test will result in a longer hard-time suspension (30 days rather than 15 days without any driving privileges). [see the Automatic License Suspension section of this blog].  You should also engage in an honest assessment of your alcohol consumption. If you risk testing over Ohio’s “super-OVI” threshold (over a .17% BAC) you may do harm by taking the test.  Take these factors into account when making your decision to blow or not to blow.

Any criminal defense attorney would rather have less evidence against you rather than more, but giving blanket advice to refuse the chemical test is a mistake.  Be prepared to make the best decision for you.  You can also plan ahead by storing my contact information in your smart phone: (937)776-2671.

 

Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (1-888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.Immediate help is available by filling out the CONTACT form on any of these pages.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter at www.Twitter.com/DaytonDUI or Get Twitter updates via SMS by texting follow DaytonDUI to 40404. DaytonDUI is also available on Facebook and you can access updates by becoming a fan of Dayton DUI/OVI Defense.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

 

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OSP Announces Increased Holiday Patrols

December 22nd, 2011
Ohio State Highway Patrol

Today, the Ohio State Highway Patrol released two press releases announcing they will be out in force this holiday season.  You may have noticed the ubiquitous “Drive Sober or Get Pulled Over” commercials and increased law enforcement presence along our roadways. Through December 11, troopers have arrested 1,383 more drivers for OVI than during the same period in 2010.   Last year fatalities increased to 1,080 over a record low of 1,022 in 2009.  With the upcoming holidays, the Patrol is reminding drivers that this can be one of the most dangerous times of the year due to an increase in impaired driving. Last year in Ohio, 39 people died in alcohol-related crashes between Thanksgiving and New Year’s.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro,Huber Heights, Oakwood, Beavercreek, Centerville and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to40404. DaytonDUI is also available on Facebook and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.  Charles M. Rowland II is working hard to be your trusted source for DUI information in the Miami Valley. “All I do is DUI Defense.”

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The Drunken Monkey Theory

December 21st, 2011
Model of the australopithecus Lucy in the muse...

Why do we Homo sapiens love alcohol?

Could it be that our love of alcohol is genetically encoded in our species due to millions of years of evolution?  Fossilized teeth show that between 45 million and 34 million years ago, human ancestors and our closest relatives -gorillas, chimpanzees and orangutans – ate a diet that was rich in fruit.  Natural selection favored primates who could detect and appreciate the smell of fruit and out-compete others in its collection.  As the fruit fell from the source and lay on the ground, the yeast on the fruits skin would consume the sugar molecules in the fruit and ferment into alcohol.  Thus, our (meaning us primates) highly developed sensitivity to the smell of alcohol.  10,000 years ago our species became agriculturalists and produced plenty of barley and malt.  Populations gathered in the first cities to share the product of their labor – BEER!   We have evidence of Stone Age beer jugs from approximately this period.  This theory deemed the “drunken monkey hypothesis” was first proposed by Professor Robert Dudley of the University of California at Berkley.

For the most definitive guide to the complex relationship between humans and alcohol, please read Drink, by Ian Gately.  You’ll  find an outrageously entertaining account of the history of alcohol in Frank Kelly Rich’s book, Modern Drunkard.  For a more scientific history you should check out The Science of Drinking (How Alcohol Affects Your Body and Mind) by Amitava Dasgupta.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Huber Heights, Beavercreek, Centerville and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook, www.facebook.com/daytondui and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

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