Tag Archives: osp

Today is “All Out Day”

Ohio State Highway Patrol

You may notice more troopers on the roadways today – Thats because today is “All Out Day.”

All sworn officers from all ranks of the state Highway Patrol will take to Ohio roadways Friday in a safety and awareness campaign the agency is calling “All Out Day.” All available units will be out on the road to enforce traffic laws and look for any criminal activity.  The Ohio State Highway Patrol will be conducting “All Out Day” throughout Friday, April 19.  The initiative consists of high visibility enforcement on the roads to deter drunk driving.  We know of one OVI checkpoint which will be held in Warren County in conjunction with the law enforcement initiative.  Please follow Dayton DUI on Facebook to receive updates, or sign up for our free text alert service.  It is also a good idea to download the DaytonDUI Android App which gives you DaytonDUI at your fingertips.

Ohio OVI Law: Impairment by Drugs

Ohio is making the transition to using the Drug Recognition Expert protocol in apprehending and prosecuting impaired drivers.   DRE refers not only to the officers themselves, but to the 12-step procedure that these officers use. DRE was developed by police officers from the Los Angeles (California) Police Department. In 1979, the Drug Recognition program received the official recognition of the LAPD.  On October 22, 2010, Ohio became the 48th state to be accepted into the International Association of Chiefs of Police’s (IACP) Drug Evaluation and Classification Program (DECP).

Once approved by the IACP’s DECP Highway Safety Committee, Ohio was eligible to provide the DRE training.  Ohio graduated their first DRE class in October, 2011.  “I am pleased this training is being offered to our law enforcement partners,” said Ohio Office of Criminal Justice Services (OCJS) Executive Director Karhlton Moore. “This will be an invaluable resource in our fight to curb impaired driving, as well as focus on emerging issues such as the prescription drug epidemic currently affecting so many communities across Ohio.” [Source]  In July, I spoke with Sgt. Wes Stought of the Ohio State Highway Patrol who oversees the Ohio DRE program at the Ohio Municipal Attorneys Association.  He states that the program is moving forward with a goal of full implementation in every county.

The DRE program is a traffic-safety program that focuses on the detection, apprehension and adjudication of drug-impaired drivers. A DRE is a police officer who is trained to recognize impairment in drivers under the influence of drugs or a combination of drugs and alcohol. A DRE undergoes specialized training in detecting and identifying the category or categories of drugs causing the impairment. The process is based on observable signs and symptoms that are known to be reliable indicators of drug impairment.

12 Steps of the Drug Evaluation Process

  1. Breath Alcohol Test – A sample of breath is taken from the test subject to determine the concentration of alcohol, if any, in the test subject.
  2. Interview of Arresting Officer – The DRE consults with the investigator(s) to determine the circumstances leading up to the apprehension of the test subject.
  3. Preliminary Examination – Initial examination of the subject. Some questions are asked in relation to the subject’s medical/physical limitations.
  4. Eye Examination – Eyes are examined for pupils being equal, the ability of the eyes to track a stimulus equally, to monitor the smoothness of that tracking, to look for Horizontal Gaze Nystagmus, as well as Vertical Gaze Nystagmus.
  5. Divided Attention Tests – One Leg Stand is done with both legs. Walk and Turn test is done. Modified Romberg Balance test. And Finger to Nose test is done.
  6. Examination of Vital Signs – Blood pressure, pulse and body temperature is taken.
  7. Dark Room Examinations – Examination of the pupil sizes in near total darkness, under direct light, and in normal room light. Examination of the oral and nasal cavities are done at the same time.
  8. Examination of Muscle Tone – Flexion and Extension of the muscles are tested, to see if there is flaccidity, or rigidity of the muscles.
  9. Examination of Injection Sites – Examination of common injection sites to determine if the subject is using injected substances.
  10. Suspects Statements / Other Observations – Soliciting information from the test subject which will corroborate signs and symptoms that the evaluator has observed.
  11. Opinion of the Evaluator – The DRE makes a determination of the class or classes of drugs that a subject is under the influence based on a matrix of symptomology that has been developed during studies of subjects under the influence of known classes of drugs.
  12. The Toxicological Examination – Blood, saliva or urine is obtained by demand, which is analyzed to determine what class of substances are present that corroborates the DRE’s opinion.

7 Drug Categories

  1. Central Nervous System Depressants
  2. Inhalants
  3. Dissociative Anesthetics
  4. Cannabis
  5. Central Nervous System Stimulants
  6. Hallucinogens
  7. Narcotic Analgesics

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver.  He regularly appears in courts in courts 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 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. “All I do is DUI Defense

Super Bowl DUI Patrols 2013

SuperBowl_LogoThis weekend, more than 81 local law enforcement agencies around the state will be conducting more than 1,925 hours of enforcement activity and 1,100 hours of saturation patrols, funded by federal grants provided through OTSO.  The FBI compared saturation patrols vs. checkpoints in Ohio, Missouri and Tennessee.  The study showed that “Overall, measured in arrests per hour, a dedicated saturation patrol is the most effective method of apprehending offenders (Source: FBI Law Enforcement Bulletin, January 2003).  As this author has long argued, the saturation patrol is also more in keeping with American standards of justice than a checkpoint, as officers rely upon investigation and probable cause.  We believe that our system can deal with DUI without subverting the Constitution.

You can put DaytonDUI on your Android Smart phone via the DaytonDUI app.  The app helps you know your rights and know yourself by providing a drink tally so that you do not overindulge.  You can send safe drinking tips to friends or use the app to find the nearest taxi for a safe trip home.  The app brings you the best of DaytonDUI’s video and audio content and gives you a chance to take pictures and record memories so that you can aid in your own defense.  Our sincere desire is to make our roads a safer place.If you want to receive updated information on sobriety checkpoints,  enhanced traffic enforcement, saturation patrols and other important developments that affect you, sign up for text alerts on the main page of this blog.  Text alerts will be sent directly to your mobile device/smartphone in the location you choose in the Miami Valley.  In the past month we have alerted our followers to the State Route 35 traffic initiative and three local sobriety checkpoints.  You should also know that we respect your trust and we will never send you irrelevant information and/or advertisements.  This service is free and available to the general public.

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.  Immediate help is available by filling out this CONTACT form.  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 Twitter updates 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@CharlesRowland.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

Dayton DUI Update: Drunk Driving Arrests Up/Fatalities Down

According to the Ohio State Highway Patrol, OVI arrests are up and OVI-related fatal crashes are down.  In a release on their website today, the OSP stated, “through May of this year, troopers have made 10,459 OVI arrests – which is an increase of 915 arrests during the same time period last year.  During this time OVI-related fatalities have dropped 26 percent or 39 deaths – with 110 crashes killing 124 people.

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.  Immediate help is available by filling out this CONTACT form.  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 Twitter updates 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@CharlesRowland.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

Federal Court Overturns Bogus DUI

Sober woman sues after being jailed on a false drunk driving charge.

When courts acquiesce to lowering the standards for arrests and heighten the importance of placing people under arrest for the political crime of OVI, injustices are sure to follow.  Just such an injustice was done to Catrena Green and she’s fighting back!

Green was stopped in August 2008 by an Ohio State Trooper for failure to dim her high beams.  When the Trooper stopped Green, she explained that due to the wet conditions she was trying to be careful.  She then asked if she had done anything else.  “No, not really,” the Trooper said during the stop. “You just brighted me and blinded me.”  Around this time, Throckmorton momentarily pointed his flashlight inside Green’s vehicle.  Throckmorton stated in his deposition testimony that he aimed the flashlight’s beam toward the floor of the vehicle so as to illuminate Green’s face without shining the light directly into her eyes.  He “noticed that her pupils were constricted,” which he thought “was kind of abnormal” because his training had taught him that a person’s pupils will typically dilate in a dark setting.  But, as he noted during his deposition, “different chemicals or different types of drugs [can] hamper this process.  The Trooper then asked Green to retrieve her license and asked whether she had anything to drink She said, “Nope.  Water.”  He also asked whether she had taken any drugs or medication.  She stated that she had not.

Though Green did not smell of alcohol or drugs, the Trooper decided to perform field sobriety tests on her. He noted that she was unable to follow the swift motion of his pen in a horizontal-gaze nystagmus test that he spent twenty seconds administering. He noted that “she talked slowly” while repeating the letters of the alphabet beginning with “L” and ending in “S.” She struggled to stand on one leg in the balance test.  Green, who was 42 and overweight at the time of the tests, swayed slightly while performing the walk-and-turn test.  On the basis of the standardized field sobriety tests, the Trooper arrested Green for DUI.  She spent two days in jail while trying to make bail.  Subsequent to this nightmare, Green was vindicated when the lab results returned a 0.0 (BAC) and found no drugs in her system.  All charges stemming from the questionable arrest were dropped.

Green fought back by suing the Trooper she alleged was lying.  Green subsequently brought suit under 42 U.S.C. § 1983 against the Trooper, alleging that he had violated her Fourth Amendment rights by (1) conducting the field sobriety tests without having a reasonable suspicion that she was impaired, and (2) arresting her without probable cause.  The district court granted summary judgment in favor of the Trooper on both counts and dismissed the case basing their decision on the officer’s immunity.  Green, however, continued to fight by appealing to the Sixth Circuit Court of Appeals.  They reversed the lower court’s decision and ruled that a jury should decide whether there were specific and articulable facts, not just a hunch, justifying Green’s detention for the sobriety tests.  “We find her argument persuasive,” Judge Ronald Lee Gilman wrote for the court. “What matters here, rather, is what mattered in Miller: that a subsequent test for drugs and alcohol showed that the driver was in fact sober. That evidence alone is sufficient to cast doubt on the truthfulness of Throckmorton’s testimony regarding Green’s pupils.”

“We understand, of course, the difficulty inherent in making on-the-fly determinations regarding possible driving impairments, just as we recognize the severity of drunk driving and the potential consequences of an incorrect call had Green ultimately proven to be impaired,” Judge Gilman wrote. “But this difficulty and these consequences always exist when an officer stops someone for a traffic violation. Yet officers do not have free rein to administer field sobriety tests to whomever they please and then to arrest that person for making the slightest misstep while performing the tests. Whether that is what happened in this case is a question for the jury.” Source:  Green v. Throckmorton (US Court of Appeals, Sixth Circuit, 6/13/2012)

An Ohio OVI lawyer should be prepared to challenge the officer’s determination of reasonable and articulable suspicion.  Make sure the Ohio OVI lawyer you choose has the most recent copy of the National Highway Transportation Safety Administration, Student Manual.  Charles M. Rowland has all such manuals and has received the same level of training in the standardized field sobriety tests as law enforcement.  He has furthered his education by being Ohio’s only Forensic Sobriety Assessment certified attorney which goes beyond the NHTSA manual to investigate the science (pseudo-science) of the tests.  If you need an attorney who has worked hard to achieve the highest level of training possible, contact Charles M. Rowland II today at 937-318-1DUI (318-1384), 1-888-ROWLAND or www.DaytonDUI.com.