Posts Tagged ‘beavercreek ohio ovi’

MADD Fights For DADDS Technology Study In Senate Transportation Bill

March 28th, 2012

In a great article in Politico, Kathryn Wolfe describes the fight brewing between MADD and the opponents of their latest prohibition technology – DADDS.  MADD has been working with major insurance companies and automobile manufacturers to get a passive alcohol system (called DADDS) as mandated equipment in every automobile in the world.  In 2008, at MADD’s urging, the Automotive Coalition for Traffic Safety entered into a $10 million agreement with the federal government to develop such a technology. This system would  search every driver (not just convicted DUI offenders) every single time they started their car.  This year, MADD’s power as one of the nation’s leading lobbying groups resulted in a provision in the Senate transportation bill to ““more widespread deployment of in-vehicle technology” that would prevent drunken driving.  The research will be carried out by the Driver Alcohol Detection System for Safety, a collaboration between NHTSA and the automobile industry.

The article quotes Sarah Longwell, a spokesman for the American Beverage Institute, “They’re developing it for all cars as original equipment. The bill doesn’t mandate anything, but ultimately that’s what they want,” Longwell said.  Politicians who sponsor the bill are sidestepping MADD’s ultimate goal of mandates.  Rep. John Sarbanes (D-Md.), one of the authors of standalone legislation similar to the research provision in the Senate’s bill, dismissed the idea that the provision mandates anything at all.  “I think some of the opponents of this are trying to suggest that merely by doing the research, you’re then going to automatically move into a mandated sort of standardized situation and that’s not the case,” Sarbanes said. “The research would be the basis for determining what next steps you should take and how you balance competing concerns. There’s exactly no downside to doing this research when you look at the potential lives it could save.”

Another MADD agenda item in the Senate bill is the requirement that all first-time DUI offenders must use an ignition interlock device in order to get the car to start.  MADD is seeking to implement this mandate in the same way it coerced the states’ into adoption of a .08 alcohol standard, which is to tie the ignition interlock to receiving highway funds.  The language stipulates that if states want about 5 percent of their regularly allocated safety money, they must enact a law that requires first-time DUI offenders to install an ignition interlock device if they want to continue driving.  By seeking implementation in this way, MADD can avoid fights in more driver-friendly state legislatures.  Given the long history of pandering to MADD, this commentator is not hopeful of a pro-driver outcome.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville 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 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.

Are the Standardized Field Sobriety Tests Fair to Fatter People?

March 26th, 2012
Police in Connecticut administer the one leg s...

Being overweight can impact your performance on the standardized field sobriety tests.  The government agency tasked with verifying the validity of the standardized field sobriety tests is the National Highway Traffic Safety Administration (hereinafter NHTSA).  NHTSA concedes that being fifty or more pounds overweight affects performance on the one-leg stand test; a test requiring the suspect to raise a foot off the ground and stand on one foot for 30 seconds. See NHTSA, DWI Detection and Standardized Field Sobriety Testing, Participant’s Manual (2006), re: WAT at VIII-11, re: OLS at VIII-13. Id. re: 50 lbs at VIII-13.  In older versions and in the early validation studies, the same overweight warnings were applied to the walk and turn test. Given that 64.5 percent of Americans are overweight and 30.5 percent are obese, we see that a vast number of Americans may be bad subject for at least two of the three standardized field sobriety tests.  See Dixie L. Thompson, Jennifer Rakow, Sara M. Perdue, Relationship between Accumulated Walking and Body Composition in Middle-Ages Women, OFFICIAL J. OF THE AMERICAN COLLEGE OF SPORTS  MEDICINE, 913 (Jan. 2004).  Science also tells us that age, physical activity and gender can affect the performance on the standardized field sobriety tests.  Charles M. Rowland II has completed the most recent NHTSA training in standardized field sobriety tests and can help you aggressively fight your Ohio DUI case.

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, Springboro, 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,  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.

 

The Horizontal Gaze Nystagmus Test is Biased Against Women

March 9th, 2012
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The horizontal gaze nystagmus test is an eye test approved by the National Highway Traffic Safety Administration (hereinafter NHTSA) as a tool to detect clues of impairment in drivers.  The HGN test is one of three psychomotor tests approved as part of the standardized field sobriety testing protocol employed by law enforcement officers throughout the United States and used here in Ohio.  The HGN is a test broken down into three components:

  • a smooth pursuit portion, wherein the officer attempts to discern if the eyeball is able to smoothly track a stimulus;
  • a portion of the test requires the officer to take the eye to its maximum deviation and discern whether or not the eyeball exhibits a twitching or bouncing;
  • a portion of the test seeking to determine if the distinct bouncing occurs prior to  45 degrees.

The smooth pursuit portion of the test is strongly influenced by gender.  Women do worse on this portion of the test than men.  ICS Medical Corporation, Pursuit Testing with Computers: A Status Report, ENG REPORT (Feb. 1988); D.H. Jackson, J.A. Sharpe, Smooth Pursuit in Senescence: Effects of Target Acceleration and Velocity, 104; 290-297, ACTA OTOL (1987).  Read more about this topic in Understanding DUI Scientific Evidence, 2001 Ed., Apastore at pp. 52-53.  Your DUI attorney can tell you how to use this scientific information in such a way as to win your case.  This type of scientific evidence can be a valuable tool in plea negotiations and/or in determining if probable cause existed upon which to base an arrest.

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, 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.

The Prescription Drug Defense

February 17th, 2012
Ritalin

While many people think of impaired driving as involving alcohol, we are increasingly seeing people accused of being impaired by prescription drugs.  Clients are surprised to learn that the same harsh penalties that apply to alcohol impairment also apply to prescription drug impairment.  You need an attorney who knows how to fight a drugged driving case.

Drugged driving cases involving prescription drugs present a problem for law enforcement as indicators of prescription drug use are less apparent.  The standardized field sobriety tests are crude tools for detecting alcohol and may be useless in determining prescription drug impairment.  Challenging the officer’s observations becomes the focal point of your defense.

The Ohio Revised Code also makes the job hard for police by providing an affirmative defense to prescription drug prosecutions.  It is a valid defense if a person obtained the controlled substance pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs, and the person injected, ingested, or inhaled the controlled substance in accordance with the health professional’s directions. Id. § 4511.19(K)(1)-(2).

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 to 40404. 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. “All I do is DUI

Ohio Controlled Substances Act, Drug Schedules

January 31st, 2012
Ritalin

If you get arrested for possession of a controlled substance, it feels like your world is falling apart.  If you are unfamiliar with the judicial system you are likely scared to death and wondering what will happen.  The first and most important decision you can make at this point is to hire an experienced and competent defender.  Charles M. Rowland II will file a motion to suppress, aggressively prepare for trial and present your best case to the prosecutor.  Preparation leads to better results including dismissal, a reduction in your charge, treatments in lieu of conviction, or an acquittal at trial.  CONTACT him here!

Some of your questions may stem from charges which reference “drug schedules” and “bulk amounts.”  The United States government classifies drugs by “schedule”. This classification system is used to determine the seriousness of your offense and the potential sentence you may be facing. Ohio adopted these schedules in O.R.C. 2925.11.

Schedule I drugs include those that are the most dangerous and have a high risk of addiction or dependency and no legitimate medical use. Drugs included under this heading include LSD, marijuana, heroin, GHB, and ecstasy.

Schedule II substances still have a high risk of abuse but may have legitimate medical uses. These include things like opium, cocaine, methadone, methamphetamines, and amphetamines.

Schedule III drugs are slightly less dangerous than Schedule II substances, but still have a moderate risk of abuse. Schedule III substances include hydrocodone, codeine, anabolic steroids, testosterone, ketamine, and some depressants.

Schedule IV drugs have a slight risk of dependency and have very acceptable medical uses. Some Schedule IV drugs are clonazepam, some tranquilizers, and sedatives.

Schedule V substances have a very low risk of dependency and include things like over the counter medication with Codeine.

How you are charged depends mostly on what controlled substance the government is alleged you possessed.  Ohio drug laws are amazingly complex and you should consult with an attorney about the facts of your case and the specifics of the allegations against you. CAVEAT: Drug laws are complex and change frequently, please talk to an attorney about your case.

Ciminal Defense Attorney Charles M. Rowland II dedicates his practice to defending the accused 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 to 40404. 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. “All I do is DUI.”