The Alcohol Influence Report is a document prepared by the arresting officer noting each and every indicator for alcohol impairment that they took note of in their investigation. Most of the forms require that the officer simply check the predetermined indicator. Not surprisingly, all the officer’s observations fall neatly into these predetermined areas. The report is a document of the officers opinions and should not be considered routine ministerial reports of a non-adversarial nature. Clearly, letting the jury have this [Read the full post. . .]
A warrantless arrest must be supported by probable cause in order to be constitutionally valid. State v. Timson, 38 Ohio St.2d 122, 67 Ohio Op.2d 140, 311 N.E.2d 16 (1974). In order to make a finding that probable (more likely than not) cause existed the court must look at the totality of the circumstances surrounding the arrest. State v. Miller, 117 Ohio App.3d 750, 691 N.E.2d 703 (11th Dist. Court of Appeals 1997), State v. Brandenburg, 41 [Read the full post. . .]
To be diagnosed with ADD/ADHD, a person has to demonstrate an inability to complete divided-attention testing. In 2009, the Centers for Disease Control reported that 9.5 percent of children in the United States had ADHD, up from the previous survey. The trend has not gone unnoticed amongst the insurance industry who reported at the 162 annual meeting of theAmerican [Read the full post. . .]
Imagine that you come across a person who acts confused, their appearance is disheveled, their eyes are bloodshot and they have an odor of alcohol on their breath. Are they drunk?
What I just described is a person who worked for 17 straight hours at a physically and mentally taxing job. Instead of going home, he stopped by a co-worker’s party, had one beer and then proceeded home. He was stopped a police [Read the full post. . .]
An officer’s decision to arrest for DUI involves three steps: observing the vehicle in motion, observing the driver during a personal contact phase, and administering field sobriety tests. Evidence is collected at each stage. If, after conducting all three phases, the officer believes probable cause exists that you are impaired, you will then be arrested. Probable cause is a flexible, common-sense standard. It merely requires that the facts available to the officer would ‘warrant a man of reasonable caution [Read the full post. . .]