Tag: dayton dui attorney

OVI checkpoint

How Does Ohio Spend Federal Grant Money On OVI?

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Earlier this week I gave you a breakdown of the grant money received by Ohio in fiscal year 2015 from various federal grant programs. As you will recall the total was a whopping $18,020,292.  Of that money, $5,028,774 was received by Ohio in FY 2015 to fight OVI. This post will focus on the Section 405(d) grants that are specifically targeting impaired drivers.

Under the federal program (SAFETEA-LU), Ohio was eligible for this grant in one of two ways: More info

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St. Patrick’s Day OVI Checkpoints Are Coming – Be Prepared

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This is a reminder to sign up for the free DaytonDUI text alerts prior to the St. Patrick’s Day OVI checkpoint onslaught.  Just text DaytonDUI (one word) to 313131 and you’re all good. We have improved the service so that it remains useful and free.  We are in the process of re-re-re-inventing the DaytonDUI app agains, so stay on the lookout.  If you need the help of an attorney 24-7 please call Charlie at DaytonDUI at (937) 776-2671. During the day call (937) 318-1384 to schedule a free consultation.

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Drive Sober Or Get Pulled Over In Full Effect!

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The annual “Drive Sober or Get Pulled Over” campaign, sponsored by the National Highway Traffic Safety Administration, MADD and local law enforcement agencies, is in full effect. The OVI (drunk driving) crackdown will last from now until January 1st. Below is the new ad for 2015.

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OVI Trial Strategy And The Alcohol Influence Report

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The Alcohol Influence Report is a document prepared by the arresting officer noting each and every indicator for alcohol impairment that they took note of in their investigation. Most of the forms require that the officer simply check the predetermined indicator. Not surprisingly, all the officer’s observations fall neatly into these predetermined areas. The report is a document of the officers opinions and should not be considered routine ministerial reports of a non-adversarial nature. Clearly, letting the jury have this document as evidence to review in the jury room would be prejudicial to an OVI defense.

Evidence Rule 803(8) excludes the alcohol influence report from evidence. It states, in pertinent part:

RULES OF EVIDENCE

(8) Public records and reports. Records, reports, statements, or data compilations, in any form, of public offices or agencies, setting forth (a) the activities of the office or agency, or (b) matters observed pursuant to duty imposed by law as to which matters there was a duty to report, excluding, however, in criminal cases matters observed by police officers and other law enforcement personnel, unless offered by defendant, unless the sources of information or other circumstances indicate lack of trustworthiness.

Some courts have found that admissions of the forms is reversible error. State v. Joyce, 1998 WL 315913 (Ohio Ct. App. 1st Dist. Hamilton County 1998); State v. Weaver, 1985 WL 4343 (Ohio Ct. App. 10th Dist. Franklin County 1985); State v. Nightwine, 1982 WL 6042 (Ohio Ct. App. 12th Dist. Preble County 1982). See also Ohio DUI Law, Weiler & Weiler 2013-2014 ed. at 439.