Posts Tagged ‘centerville ohio ovi’

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.

 

Arrested for OVI in Centerville, Ohio?

March 22nd, 2012
Official seal of Centerville, Ohio

If you are arrested for OVI in Centerville, Ohio your case will be heard in the Kettering Municipal Court.  The Kettering Municipal Court provides justice services for the communities of Centerville, Kettering, Moraine and Washington Township. The Kettering Municipal Court is located at 2325 Wilmington Pike in Kettering, Ohio 45420.  You can reach the Kettering Municipal Court Clerk’s Office at (937) 296-2461.  The Kettering Municipal Court’s web site is HERE.  You can get directions to the Kettering Municipal Court by clicking HERE.  You can reach the Centerville Police Department (155 W. Spring Valley Rd., Centerville, Ohio 45458) at 937-433-7661 or by fax at (937) 433-0735.  The Centerville Police Department office hours are Monday through Friday 8:00 AM to 4:30 PM.  Visit the Centerville Police Department web site HERE.

If you or a loved one are accused of drunk driving in Centerville, Ohio, CONTACT Centerville OVI attorney Charles M. Rowland II for a free consultation at (937) 318-1DUI (318-1384), or visit www.DaytonDUI.com, www.KetteringDUI.com or www.CentervilleDUI.com. Charles Rowland regularly appears in the Kettering Municipal Court and has worked hard to earn the experience and credentials necessary to defend your Centerville OVI case.  To learn more, check out “How to Hire a DUI Attorney.”


Arrested for DUI in Kettering?

March 20th, 2012
Official seal of Kettering, Ohio

If you or a loved one has been arrested for OVI in Centerville, KetteringMoraine orWashington Township, your misdemeanor OVIcase will be heard in the Kettering Municipal Court.  If you need to find information about a case in the Kettering Municipal Court you can search HERE for case information/case look-up,  or visit the court’s web site HERE.

Charles M. Rowland II has represented the accused drunk driver in the Kettering Municipal Court for over fifteen years.  Charles Rowland dedicates his practice to OVI law and has some of the most impressive credentials for OVI attorneys in the state of Ohio.  If you find yourself in need of criminal representation in the Kettering Municipal Court, contact Kettering DUI Attorney Charles M. Rowland II today!

You can reach Charles Rowland at 937-318-1DUI (318-1384), 1-888-ROWLAND (888-769-5263), or 24/7 on the after-hours DUI Hotline at 937-776-2671, by texting DaytonDUI (one word) to 50500 or by visiting www.DaytonDUI.com,www.KetteringDUI.com or www.CentervilleDUI.com.  We have augmented our immediate texting service which can be accessed by texting DaytonDUI (one word) to 50500 and we will keep you informed of the many planned OVI/sobriety checkpoints in the area on our BLAWG.  Get 24/7 Twitter updates via SMS by texting DaytonDUI to 40404, or follow us on Twitter @DaytonDUI.  Email us at CharlesRowland@CharlesRowland.com and follow us on facebook atwww.facebook.com/DaytonDUI.  Immediate help is available by filling out the CONTACT form on any of these pages.  PUT THIS NUMBER IN YOUR PHONE: (937)776-2671.

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