NHTSA Devotes Time And Dollars To Study Motorcycle DUI
It is summer time and the perfect time to get out on the road. If you ride a motorcycle, you may notice that law enforcement is paying you a a lot of attention. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists involved in fatal crashes are 2.5 times more likely to have consumed alcohol than passenger vehicle drivers. In 2007, the number of alcohol-impaired motorcyclists in fatal crashes increased [Read the full post. . .]
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 [Read the full post. . .]
Ohio Revised Code 4511.19(D)(4)(b) sets forth the standards for admissibility of the results of field sobriety tests in OVI (drunk driving) prosecutions. See State v. Bozcar, 113 Ohio St. 3d 148, 2007-Ohio-1251, 863 N.E.2d 115 (2007). In order for the tests to be admissible, the State must demonstrate:
[Read the full post. . .]
- By clear and convincing evidence.
- The Officer administered the tests insubstantial compliance.
- The testing standards for any reliable, credible, and generally accepted test.
- Including, but not limited to,
Most Americans trust and respect police officers. If you think that you will be able to go into a courtroom and overcome this ingrained belief you are, most of the time, dead wrong. Americans do not like drunk drivers. If you think that you can win an OVI case by calling the police officer a liar, you will probably lose. One of the biggest mistakes an attorney can make is to position your case so that the jury must choose [Read the full post. . .]
Aggravated Vehicular Homicide, O.R.C. 2903.06, is a crime that results from the death of another caused by the defendant’s operating a vehicle while impaired (a violation of R.C. 4511.19) or while driving negligently or recklessly. The statute encompasses driving an automobile recklessly or negligently (called Vehicular homicide) whether or not alcohol played a part in the death. Often, defendants are indicted for multiple counts, with additional counts for each victim of the accident.
Under the reckless section of the [Read the full post. . .]