Category Archives: DUI, Drugs & Driving

Information on DUID, driving under the influence of drugs in Ohio.

Ohio DUI Law: Is Smell of Marijuana Sufficient?

Marijuana Is the odor of enough to justify a police search or arrest and can an officer make a valid determination based on just a smell?

marijuanaA peer-reviewed journal article, entitled “Marijuana Odor Perception: Studies Modeled From Probable Cause Cases”, published in Law and Human Behavior, (Vol. 28, No. 2, April 2004) explains that “The present findings throw into question, in two specific instances, the validity of observations made by law enforcement officers using the sense of smell to discern [Read the full post. . .]

Affirmative Defenses for Prescription Drug OVI Charges in Ohio

prescription drug OVIDid you get a prescription drug OVI?  Do you have a valid prescription?

Ohio and the Ohio State Highway Patrol have made enforcement of DUI laws against illegal and prescription drugs a priority.  Throughout the state, this means that you now face arrest if you are taking many common prescription medications.  Given that upwards of 70% of Americans are taking a prescription medication, you need to know your rights.

Ohio provides an affirmative defense to an impaired driving [Read the full post. . .]

How To Cheat On The Finger To Nose Test

finger to nose testThe finger to nose test is making a comeback.  In 1977, a study was conducted by the National Highway Traffic Safety Administration wanted to see if the tests being conducted by police officers were actually indicative of impairment.

Marcelline Burns and Herbert Moskowitz conducted laboratory evaluations of several of the tests that were most frequently-used by law enforcement officers at the time (Burns and Moskowitz, 1977). In addition to a variety of customary roadside tests (e.g., finger-to-nose, maze tracing, backward [Read the full post. . .]

Rowland To Train As Drug Recognition Expert

Drug Recognition ExpertLater this month, Charles M. Rowland II will receive certification in the latest techniques of the Drug Recognition Expert protocol now being used across the nation.  Rowland will be among the first attorneys in Ohio to receive this certification which will make him uniquely suited to defend drives accused of driving while impaired by illegal or prescription drugs.

“More and more, we are seeing an increase in drug trafficking cases. The Ohio State Highway Patrol has become much more aggressive [Read the full post. . .]

Changes To Drug Schedule Affect Hydrocodone

Drug Schedules Changing For Some Hydrocodone Combos

On October 6th the DEA rule switching”hydrocodone combination products” like Lortab and Vicodin from schedule III to schedule II came into effect.  The rule was passed to curb abuse and encourage patients and prescribers to consider alternative ways to deal with pain.  Previously, these drugs were regulated as Schedule III drugs. drug schedule

Common hydrocodone combinations are used as pain relievers, cough suppressants and enhance the benefits of other drugs like acetaminophen or cough/cold medicines.   [Read the full post. . .]