Tag Archives: NHTSA

Ohio DUI Defense – What Books Do You Need?

Ohio DUI defense includes having the right materials to prepare your case for trial.  There are 14 NHTSA police training manuals that are specific to an DUI/OVI case.  They are: NHTSA DWI Detection and Standardized Field Sobriety Testing - Instructor Manual NHTSA DWI Detection and Standardized Field Sobriety Testing - Participant Manual NHTSA Drug Recognition…
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Defending A DUI: The Exit Sequence

The only way an officer will care about how you exit the vehicle is if he has already determined you may be impaired by alcohol or a drug of abuse. NHTSA IV-6. Therefore, to avoid the appearance that you are impaired, exit the car in an orderly fashion as instructed by the officer. From that point you can decide if it is in your interests to participate in the standardized field sobriety tests. Why would you?

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Changes To The 2013 NHTSA Standardized Field Sobriety Test Manual

There is a new NHTSA Standardized Field Sobriety Test training manual and it is significantly changed from prior versions.  Included is the new focus of law enforcement on impairing drugs.  The new information lays the groundwork for full implementation of the Drug Recognition Expert protocol now making its way into Ohio law.  This article will…
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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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Are DUI Laws A Sophisticated Form Of Gaslighting?

How does "gaslighting" relate to Ohio DUI laws? In the 1944 film Gaslight, Ingrid Bergman's character  Paula Alquist Anton meets and marries the charming Gregory Anton played by Charles Boyer.  The husband does everything in his power to isolate his wife from other people. He allows her neither to go out nor to have visitors,…
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Ohio Traffic Update: Click It Or Ticket

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…
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Phase Two: The Personal Contact Phase

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.…
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The Ohio “Clear and Convincing Evidence” Standard

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…
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Alcohol Is A Central Nervous System Depressant

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…
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Changes To Ohio’s Field Sobriety Test Manual – Part One

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 The first change to the Field Sobriety Test manual is the name.  Prior to this year the training class for law enforcement officers…
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