Posts Tagged ‘arrest’

What are the standardized field sobriety tests?

June 1st, 2010
Current (2008) logo for the United States Nati...
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The standardized field sobriety tests consist of a three-test battery which includes a check of your eyes (called the horizontal gaze nystagmus test, or HGN), and two tests of your coordination, balance, stamina and memory called the one-leg stand test and the walk and turn test.  Officers use these tests to establish probable cause for a drunk driving arrest. The tests are set forth in the National Highway Transportation Safety Administration manual, which is used to train law enforcement in administering the tests.  The DUI defense team of Charles M. Rowland II not only has the most up-to-date NHTSA manual, but every copy (and every validation study supporting the manual) since the inception of governmental scientific study of intoxication in 1977.  In addition, Charles M. Rowland has attended the same training as is given to law enforcement to administer and evaluate the standardized field sobriety tests.  He has gone far beyond the tests, to earn certification in Forensic Sobriety Assessment.  In addition to the knowledge, Charles Rowland has applied these principles in hundreds of DUI motions and in DUI/OVI trials throughout Ohio.  This knowledge and experience is particularly useful in cases where the defendant refuses to take a chemical test and the entire case depends on evaluating the standardized field sobriety tests.  Hire a lawyer who has the training and experience to win your case.

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Dayton Sobriety Checkpoint is a Bust

November 1st, 2009
A sobriety checkpoint in East Haven, CT. Also ...
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The sobriety checkpoint Friday, Oct. 30 on North Dixie Drive produced only three arrests for operating a vehicle while intoxicated.  Other citations included nine charges for driving under suspension or without a license, and 21 other violations, including traffic, seat belt and child restraint issues.

The checkpoint was set up from 8 p.m. to midnight Friday by the Montgomery County Sheriff’s Office, the Ohio State Highway Patrol and the Montgomery County Combined Agency O.V.I. Task Force, and included saturation patrols in the area surrounding the checkpoint. The sheriff’s office and task force plan extra patrols throughout the Halloween weekend.

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Xenia DUI Defense

October 28th, 2009
Greene County Courthouse IMG_3775
Image by OZinOH via Flickr

You may be thinking, I’m in trouble, I’m going to lose my license, and I may even end up in jail after my  DUI arrest in Xenia. The truth is if you are convicted of DUI (now called OVI) in Ohio, there are serious consequences according to Ohio drunk driving laws. But what you may not realize is that there defenses in a DUI case. A good DUI lawyer can save you from harsh consequences. Remember, this isn’t an open and shut case. There are ways to defend a DUI. That’s why right now is the best time tocontact experienced attorney Charles M. Rowland II. He knows all about Xenia DUI laws and can help you build a defense.  Contact Charles M. Rowland II today at 937-318-1DUI or 1-888-ROWLAND; via text by texting DaytonDUI (one word) to 50500 or by visiting www.XeniaDUI.com.

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No DUI/OVI Checkpoints Tonight for Dayton, Fairborn, Beavercreek, Springfield or Xenia, Ohio

October 23rd, 2009
The Constitution in Peril
Image by Renegade98 via Flickr

I have checked with WHIO News, the Greene County Ohio State Highway Patrol Post, the Montgomery County Ohio State Highway Patrol Post, the Clark County Ohio State Highway Patrol Post, the Greene County Sheriff and all the other media sources.  All report that there will be no sobriety checkpoints this weekend (Oct 23-25).

You can keep abreast of all checkpoints in the Miami Valley by following me on Twitter: www.twitter.com/DaytonDUI.  Have a safe weekend!

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Prosecuting Attorney Not Required to Prove Date In DUI Trial

April 7th, 2009
Stylized arrest.

Image via Wikipedia

State v. McFeely, 3/30/2009, 2009-Ohio-1436, 11th District Court of Appeals:  Every prosecuting attorney is taught that they must prove each and every element of the offense including venue, jurisdiction, identification, date and time.

Well, maybe not.  The Eleventh Dist. Court of Appeals recently held (in a DUI case of course) that date was not an essential element of the offense.  The big deal here is that date has always been considered an element of the offense and not just a procedural bugaboo.  Holding police and prosecutors to the highest standards makes for better police work, better trials and ultimately more respect for the judicial system.

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