When you are stopped on suspicion of DUI the question becomes – “Should I Blow?” Unfortunately, the answer is “maybe” and involves a very complicated investigation of the facts of your case and your personal history. You should NEVER refuse the test without understanding how a refusal would affect YOU. No attorney can know all of the circumstances of your arrest and your personal history, always ask to speak to an attorney when making this decision.
Can you answer “TRUE” [Read the full post. . .]
The Ohio State Highway Patrol will be conducting a Christmas DUI enforcement action along Rt. 4 beginning this weekend.
The OVI Task Forces of Clark County, Hamilton County, Butler County, Montgomery County, and the Ohio State Highway Patrol will conduct an Christmas DUI enforcement blitz along State Route 4 this Friday and Saturday. In addition, the Ohio Investigative Unit will have agents working in the same area during the Christmas DUI blitz. Other Task Force member departments that are not [Read the full post. . .]
Ohio has adopted the three-test field sobriety protocol as set forth in the National Highway Traffic Safety Administration (NHTSA) manual for training law enforcement officers. The three tests adopted by NHTSA all survived scientific scrutiny as being indicative of impairment. The tests are: (1) horizontal gaze nystagmus, a test of the subject’s eyes; (2) walk & turn; (3) one-leg-stand. The officer is trained to administer the tests in a standardized fashion and record “clues” of impairment as evidenced by the [Read the full post. . .]
A very common observation by law enforcement in an impaired driving investigation is the presence of “slurred speech.” Experience trial counsel will look to the totality of evidence to combat the damning accusation of slurred speech.
Many traffic stops are now captured on video tape. As the quality of the recordings has improved we are often able to hear exactly what the officer is hearing. Reasonable people can disagree as to whether or not the speech on a video is [Read the full post. . .]
What Level of Proof Does Law Enforcement Need to Pull You From Your Car For Standardized Field Tests?
One of the major decision points in the OVI arrest process is the officer’s decision to remove a suspect from his or her car and conduct standardized field sobriety testing. The officer is trained to arrive at this “decision point” by conducting an interview and using specific “pre-exit interview techniques” which include asking for two things simultaneously; asking interrupting or distracting questions; [Read the full post. . .]