Tag Archives: sobriety tests

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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The Limits of the Standardized Field Sobriety Tests

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 admissible, the State must demonstrate: By clear and convincing evidence. The Officer administered the tests insubstantial…
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Standardized Field Sobriety Tests: Is Smell Enough?

Some Ohio courts have upheld determinations that the mere presence of a moderate to strong odor of alcohol, coupled with a proper initial stop, is sufficient to justify the administration of field sobriety tests. See, e.g., State v. Tackett, 2d Dist. No. 2011-CA-15, 2011-Ohio-6711 (“[t]his court has, however, repeatedly held that a strong odor of alcohol alone is…
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Illegal Police Stops (by DaytonDUI)

Protecting You From Illegal Police Stops! The Fourth Amendment of the United States Constitution protects you against unreasonable searches and seizures, which  includes being unlawfully or illegally pulled over or stopped by law enforcement.  An officer cannot simply pull you over based on a hunch or intuition.  When a police officer observes a traffic violation, he or…
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Rowland Earns Forensic Sobriety Assessment Certification

This month, Charles M. Rowland II was re-certified as Ohio's only DUI attorney credentialed in Forensic Sobriety Assessment.  "FSA certification requires working knowledge of the scientific principles and research relating to sobriety testing in a DWI / DUI stop, including: The scientific literature on indications of intoxication such as red eyes and slurred speach NHTSA's…
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Dayton DUI Defense Attorney Earns Certification

Dayton DUI defense attorney Charles M. Rowland II has earned certification in the administration and evaluation of standardized field sobriety tests by attending the Standardized Field Sobriety Testing Certification Student Course (NHTSA Course). This training course certified Charles Rowland in the most current NHTSA approved SFST training curriculum. This is the same NHTSA SFST training…
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