Posts Tagged ‘ohio ovi attorney’

Forensic Blood Tests: Whole Blood vs. Serum/Plasma

January 10th, 2012

English: Bags of blood collected during donati...Ohio Administrative Code 3701-53-03(A) sets forth the techniques and methods for determining the concentration of alcohol in blood, urine and other bodily substances.  Pursuant to that rule, Ohio allows for testing including gas chromatography and enzyme assays.  To challenge a blood test, it is important to know if the State has tested the blood as whole blood or as serum/plasma.  Operation with a concentration of alcohol is prohibited if the concentration in whole blood is equal to or exceeds .08%, R.C. 4511.19(A)(1)(b).  However, the prohibited concentration for whole blood is a concentration equal to or exceeding .096%, R.C.4511.19(A)(1)(c).  The high teir (super-OVI) standard for whole blood is greater than .17% and the prohibited level for blood serum or plasma is greater than .204%.  If your attorney does not understand the difference between a whole blood and a serum/plasma test, he or she may give incorrect advise based on an incorrect assumption.  Secondly, studies suggest that plasma and serum tests can be 16 to 21 percent higher than whole blood tests (Taylor, 2000; Fitzgerald, 1999).  If the report that you receive from the Crime Lab does not specify whether whole blood or serum was tested, consider making a request for independent testing of the sample.

The Ohio rules for collection of blood specimens are set forth at Ohio Administrative Code 3701-53-05.  In State v. Meyers, 146 Ohio App.3d 563, 2001-Ohio-2282 (3d Dist. Allen County 2001), the court allowed the state to use a blood tests that were taken for diagnostic and treatment purposes so long as the tests are in compliance with the OAC regulations.  In State v. Gordon, 2002-Ohio-2140 (Ohio Ct. App. 8th Dist Cuyahoga County 2002) the Eight District Court of Appeals upheld the suppression of a blood draw when the State’s toxicologist did not testify regarding the conversion of the serum alcohol content to a whole blood concentration, nor did the toxicologist testify as to any laboratory procedures for testing blood serum content and converting the results to that of whole blood. See Weiler & Weiler, Ohio Driving Under the Influence, pp. 195-201.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Dayton and throughout the Miami Valley.  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 Facebookwww.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.

 

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Unintended Consequences of an Ohio DUI Charge

January 6th, 2012

A drunk driving charge can affect you in ways that you may not expect. Listed below are some of the more vexing issues associated with an Ohio DUI (OVI).

1. Child Custody – If you are involved in a custody dispute, or have a vindictive spouse who would like to start one, a DUI/OVI conviction can be used against you in domestic relations court.  Automatic suspensions may make it difficult to exercise visitation with your children.  You may also find a court who will refuse to let you transport the children due to a DUI/OVI conviction, thereby increasing the cost or difficulty in seeing your kids.  Visit www.OhioDivorceAttorney.com for issues involving child custody. MADD has advocated putting a provision in every divorce decree calling for immediate suspension of parental rights if the parent if found to be driving while intoxicated.

2. Adoption – Some investigating agencies will use a DUI/OVI conviction against a party seeking to adopt children.

3. Car Insurance - Some companies will drop you if you have a drunk driving conviction and others may deny claims.  Others raise rates dramatically and still other companies force you to buy “high risk” insurance.  You can expect higher costs and less coverage for your dollar.

4. Employment – Given the societal stigma of a DUI/OVI, many companies will terminate an employee who is charged or convicted of an OVI.  Particularly vulnerable employees include those who drive company cars, those who drive between states for their jobs, those who are covered by fleet insurance and those who have management jobs.  In this tough job market you want to check your employment handbook for any reporting obligations a DUI/OVI require.  You have to decide if the employer needs to know, or, if they will be placated by telling them that you are aggressively fighting your charge.

5. Professional Licenses – Are you a doctor, lawyer, nurse, daycare worker, cosmetologist, private security, barber or any other many other workers required by your state to hold a professional license?  Do you hold a security clearance?  Holders of a professional license may face a range of sanctions for a DUI/OVI conviction, including mandatory alcohol counseling, fines, probationary discipline, license review, denial of a license or revocation of an existing license.  Obviously, you should fight your DUI/OVI charge with vigor to avoid these devastating results.

6. Civil Lawsuits – If you are involved in a drunk driving accident you become a target for victims of personal or property damage.  Many times the societal approbation against drunk driving will motivate someone to seek revenge to assure that you are punished for your negligent and reckless behavior.

7. Pilot’s License – Those holding an FAA Airman’s Certificate are subject to reporting and disclosure requirements.  A DUI is a “motor vehicle action” pursuant to section 61.15 of the FAA Aviation Regulations.

8. Military Induction – The ramifications of a DUI/OVI may prevent or delay induction into the military.  Recruiters are loathe to interfere with an order of any court.

9. Educational (College) Problems – Many colleges, depending on the facts of the case and whether or not the DUI was on school property, will haul you before a disciplinary committee when you are convicted (in some cases charged) with a DUI/OVI offense.  These sanctions are further complicated if you are applying to a college or university.

10. Travel - Canada’s Immigration and Refugee Protection Act may prevent entry into Canada following an OVI conviction. [see previous articles on this topic]  You may also face travel restrictions if you engage in travel to sensitive places.

11. Immigration Issues – DUI/OVI is not a crime of violence but may still carry immigration issues.  Make sure your attorney can get advise from a competent immigration attorney.

12. Commercial Drivers – See the numerous articles I have written on the plight of professional drivers who face the loss of their careers even when driving a non-commercial vehicle on their own time.

13. Enhancement – A DUI/OVI in Ohio is never expungeable and will follow you for 6 years for enhancement purposes.  This means that if you are convicted of a second OVI within 6 years you will face harsh enhanced penalties.  A DUI/OVI will also require you to submit to a chemical test (no-refusals) for 20 years following a conviction.

Given all the above, many times the most difficult aspect of a DUI/OVI is telling those people you love you have been charged.  The National Highway Transportation Administration, MADD, The Century Council, schools and colleges all spend millions of dollars on educational programs and television commercials stigmatizing the act of drunk driving.  DUI clients are perceived as guilty without a presumption of innocence afforded to most defendants.  Furthermore, it causes stress and financial concerns in families that can cause minor fissures to become major cracks.  If you find yourself charged with a DUI/OVI please contact a competent criminal defense attorney who can protect you from this many-tentacled beast.  Charles M. Rowland II has dedicated his practice to representing the accused drunk driver.  Contact him immediately at 937-879-9542 or 1-888-ROWLAND

Extra Patrols In Montgomery County Throughout New Year Holiday

December 31st, 2011
English: Entrance of the Dayton Mall, Miamisbu...

The Ohio State Highway Patrol has announced that it is doubling its forces on Saturday to combat drunk drivers during the New Year’s Eve holiday.  According to WDTN,  [see here] Troopers will be focusing on areas like Harrison Township, Butler Township and the Dayton Mall area.  Not coincidently, these areas are the areas frequently targeted for checkpoint enforcement.  No announcements of OVI checkpoints have been made.  Other announcements from the Ohio State Highway Patrol have indicated that 80 Ohio jurisdictions are participating in the “Drive Sober or Get Pulled Over” campaign and will have extra patrols throughout the New Year holiday weekend.

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. “All I do is DUI.”

Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (1-888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  Visit www.DaytonDUI.comwww.SpringfieldDUI.com,www.OhioDUIdefense.comwww.KetteringDUI.com,www.BeavercreekDUI.comwww.FairbornDUI.com,  www.VandaliaDUI.com,www.HuberHeightsDUI.comwww.MiamisburgDUI.comwww.XeniaDUI.com orwww.CharlesRowland.com.  Immediate help is available by filling out the CONTACT form on any of these pages. For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter at www.Twitter.com/DaytonDUI or Get Twitterupdates via SMS by texting follow DaytonDUI to 40404. DaytonDUI is also available on Facebook and you can access updates by becoming a fan of Dayton DUI/OVI Defense.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

The 47 Types & 38 Causes of Nystagmus; (It’s Not Just Caused by Alcohol)

December 28th, 2011
Field sobriety test

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 HGNtest 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 of your eyes wherein the testing officer is looking for abnormal movements call saccades.  These movements make the eye appear to bounce or wobble.  The officer uses this movement to make a correlation to alcohol use.  This would valid only if we are able to demonstrate that nystagmus is specific to alcohol impairment.  However, we know that there are other causes of nystagmus.  It is up to your DUI lawyer to demonstrate another valid reason for what the officer is observing.  You can find information about the Horizontal Gaze Nystagmus test and its biases on this site.

Listed beloware some other scientifically recognized causes of nystagmus.

47 Types of Nystagmus

1. Acquired

2. Anticipatory(Induced)

3. Arthrokinetic(Induced,Somatosensory)

4. Associated(Induced,Stransky’s

5. AudioKinetic(Induced)

6. Bartel’s(Induced)

7. Brun’s

8. Centripetal

9. Cervical(NeckTorsion,Vestibular-0basilarArteryInsufficiency

10.Crcular/Elliptic/Oblique (Alternataing Windmill, Circumduction, Diagonal,

Elliptic, Gyratory, Oblique, Radiary)

11.Congenital (Fixation, Hereditary)

12.Convergence

13.Convergence Invocked

14.Disaccociated, Disjunctive

15.Downbeat

16.Drug Induced (Barbiturate, Bow Tie, Induced)

17.Epileptic (Ictal

18.Flash Induced

19.Gaze-Evoked (Deviational, Gaze-Paretic, Neurasthenic, Seducible, Setting-In)

20.Horizontal

21.Induced (Provoked)

22.Intermittent Vertical

23.Jerk

24.Latent/Manifest Latent (Monocular Fixation, Unimacular)

25.Lateral Medullary

26.Lid

27.Miner’s (Occupational)

28.Muscle Paretic (Myasthenic)

29.Optokinetic (Induced, Optomotor, Panoramic, Railway, Sigma)

30.Optokinetic After-Induced (Post-Optokinetic, Reverse Post-Optokinetic)

31.Pendular (Talantropia)

32.Periodic/Aperiodic Alternating

33.Physiologic (End-Point, Fatigue)

34.Pursuit After Induced

35.Pursuit Defect

36.Pseudo Spontaneous

37.Rebound

38.Reflex (Baer’s)

39.See-Saw

40.Somatosensory

41.Spontaneous

42.Stepping Around

43.Torsional

44.Uniocular

45.Upbeat

46.Vertical

47.Vestibular (Agotropic, Geotro-Pic, Bechterew’s, Caloric, Compensatory,Electrical/Faradic/Gal Vanic, Labyrinthine, Pneumatic/Compression, Positional/Alcohol, Pseudo Caloric)

Obtained from Dr. L. F. Dell’Osso, Nystagmus, Saccadic Intrusions/Oscillations and Oscillopsia, 3 Current Neuro-Opthamology 147 (1989).  There are also 38 verified causes for a horizontal gaze nystagmus other than alcohol impairment.

 

38 Causes of Horizontal Gaze Nystagmus

1. ProblemsWithTheInnerEarLabyrinth

2. Irrigating The Ears With Warm Or Cold Water Under Peculiar Weather

Conditions

3. Influenza

4. StreptococcusInfection

5. Vertigo

6. Measles

7. Syphilis

8. Arteriosclerosis

9. MuscularDystrophy

10.Multiple Sclerosis

11.Korchaff’s Syndrome

12.Brain Hemorrhage

13.Epilepsy

14.Hypertension

15.Motion Sickness

16.Sunstroke

17.Eyestrain

18.Eye Muscle Fatigue

19.Glaucoma

20.Changes In Atmospheric Pressure

21.Consumption Of Excessive Amounts Of Caffeine

22.Excessive Exposure To Nicotine

23.Aspirin

24.Circadian Rhythms

25.Acute Trauma To The Head

26.Chronic Trauma To The Head

27.Some Prescription Drugs, Tranquilizers, Pain Medications, Anti-Convulsants

28.Barbiturates

29.Disorders Of The Vestibular Apparatus And Brain Stem

30.Cerebellum Dysfunction

31.Heredity

32.Diet

33.Toxins

34.Exposure To Solvents, PCB’s, Dry-Cleaning Fumes, Carbon Monoxide

35.Extreme Chilling

36.Lesions

37.Continuous Movement Of The Visual Field Past The Eyes

38.Antihistamine Use

See Shultz v. State, 664 A.2d 60, 77 (Md. App. 1995) citing State v. Witte; State v. Clark, State v. Superior Court, and Mark A. Rouleau, Unreliability of the Horizontal Gaze Nystagmus Test, 4 Am.Jur. Proof of Facts 3d 439 (1989); Louise J. Gordy & Roscoe N. Gray, 3A Attorney’s Textbook of Medicine § § 84.63 and 84.64 (1990).

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboroHuber 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. “All I do is DUI.”

OSP Announces Increased Holiday Patrols

December 22nd, 2011
Ohio State Highway Patrol

Today, the Ohio State Highway Patrol released two press releases announcing they will be out in force this holiday season.  You may have noticed the ubiquitous “Drive Sober or Get Pulled Over” commercials and increased law enforcement presence along our roadways. Through December 11, troopers have arrested 1,383 more drivers for OVI than during the same period in 2010.   Last year fatalities increased to 1,080 over a record low of 1,022 in 2009.  With the upcoming holidays, the Patrol is reminding drivers that this can be one of the most dangerous times of the year due to an increase in impaired driving. Last year in Ohio, 39 people died in alcohol-related crashes between Thanksgiving and New Year’s.

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 to40404. 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.  Charles M. Rowland II is working hard to be your trusted source for DUI information in the Miami Valley. “All I do is DUI Defense.”