Tag Archives: dui defense

The Phase Two Finger Dexterity Test

Can you do the Finger Dexterity Test? There are three distinct phases to an alcohol investigation. The first phase involves the officer's observation of a person's driving. It is called the "Vehicle In Motion" phase. The ultimate determination in this phase is whether or not the officer will initiate a traffic stop.  Phase one of…
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Top 10 Defenses to an Ohio OVI

When people need an Ohio OVI Attorney, the biggest challenge is knowing whether or not an attorney truly has the skills, knowledge, training, tools, resources, and strategies that are needed to successfully resolve and win drunk driving cases. Countless attorneys handle impaired driving cases,  but only a very small percentage have the skills, knowledge, training,…
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Affirmative Defenses for Prescription Drug OVI Charges in Ohio

Did you get a prescription drug OVI?  Do you have a valid prescription? Ohio and the Ohio State Highway Patrol have made enforcement of DUI laws against illegal and prescription drugs a priority.  Throughout the state, this means that you now face arrest if you are taking many common prescription medications.  Given that upwards of…
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What Is A Horizontal Gaze Nystagmus Test?

What is the Horizontal Gaze Nystagmus Test? Alcohol is a central nervous system depressant affecting many of the higher as well as lower motor control systems of the body. This results in poor motor coordination, sluggish reflexes, and emotional instability. The part of the nervous system that fine-tunes and controls hand movements and body posture…
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Determining Probable Cause For An OVI Offense

A warrantless arrest must be supported by probable cause in order to be constitutionally valid. State v. Timson, 38 Ohio St.2d 122, 67 Ohio Op.2d 140, 311 N.E.2d 16 (1974).  In order to make a finding that probable (more likely than not) cause existed the court must look at the totality of the circumstances surrounding…
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DUI Defense In “My Cousin Vinny”

DUI defense is never far from my mind.  I was reminded of this last weekend watching one of my favorite movies, "My Cousin Vinny." In the movie a novice New York attorney (Joe Pesci) heads to the deep south to defend his cousin and his friend in a high-profile murder case.  He is met with…
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Methods for Obtaining A Test Under Ohio’s Implied Consent Law

    When you drive on Ohio's roadways you are assumed to have consented to a search of your blood, breath, plasma or urine if you are arrested pursuant to the Ohio Drunk Driving statute, R.C. 4511.19(A) or R.C. 4511.19(B). Ohio Revised Code 4511.191(A)(2) is Ohio's Implied Consent Law. It states, in pertinent part,  …
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The Militarized Police Have Become The Founders’ Worst Nightmare

  In a great article for the New American, attorney Joe Wolverton reviews the horrors of militarized police set forth in the Randy Balko book, "Rise of the Warrior Cop."  I have expressed my admiration for the book as a call for a return to "the law" as it was traditionally understood throughout our history.  The…
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Dayton DUI Wishes You a Happy Memorial Day Holiday

"Poor is the country that has no heroes.  But beggared is the people who having them forgets." -Col. Wm. A. Jones III, Medal of Honor Recipient- As you pause to remember those who have died in our nation's service, have a safe and relaxing Memorial Day Weekend.  If you find yourself in need of representation…
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Vandalia Municipal Court Case Look Up (Public Records)

The Vandalia Municipal Court Case Lookup is a service of VandaliaDUI.com, VandaliaOVI.com and the offices of Babb & Rowland, Vandalia’s DUI law firm. The Court serves approximately 83.5 square miles, which includes the Cities of Vandalia, Englewood, Clayton, Union and the Townships of Harrison and Butler, located in the Montgomery County, Ohio.  The Court is located on the 2nd floor of the…
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