Click it or Ticket our nation’s annual war on seat belts, will begin May 19th and run until June 1st.
NHTSA uses Click It or Ticket as a national campaign centering on the enforcement of seat belt laws. As with aggressive driving and drunk driving enforcement, the primary audience for this effort is men 18-34. Research shows that these young men are more likely to not use seat belts. Seat belts are the most effective safety feature ever invented and [Read the full post. . .]
An officer’s decision to arrest for DUI involves three steps: observing the vehicle in motion, observing the driver during a personal contact phase, and administering field sobriety tests. Evidence is collected at each stage. If, after conducting all three phases, the officer believes probable cause exists that you are impaired, you will then be arrested. Probable cause is a flexible, common-sense standard. It merely requires that the facts available to the officer would ‘warrant a man of reasonable caution [Read the full post. . .]
Clear and Convincing Evidence is required for the standardized field sobriety tests to be admitted. 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:
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- By clear and convincing evidence.
- The Officer administered the tests in substantial compliance.
Alcohol is classified as a Central Nervous System Depressant for its effects on the human body. It is listed as such for purposes of DUI investigations in the 2013 National Highway Traffic Safety Administration (hereinafter NHTSA) “DWI Detection and Standardized Field Sobriety Testing” Participant Guide. See NHTSA, HS 178 R5/13. CNS Depressant type drugs (see below) slow down the operations of the brain, and usually depress the heartbeat, respiration, and many other processes controlled by the brain. The most familiar [Read the full post. . .]
Ohio has adopted a new Field Sobriety Test manual as of 2013. This post is part of a multi-article look at the Field Sobriety Test manual changes.
1. Let’s Change The Name
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The first change to the Field Sobriety Test manual is the name. Prior to this year the training class for law enforcement officers studying the Field Sobriety Test regimen was called A.D.A.P. (Alcohol and Drug Awareness Program) and used the National Highway Traffic Safety Administration “manual.” The