Tag Archives: xenia ohio dui

Drunk Driving Deaths At Record Low (by DaytonDUI)

Drunken-driving deaths fell to a record low last year, according to data released by the U.S. Department of Transportation's National Highway Traffic Safety Administration (NHTSA). Fatalities in crashes involving drunken drivers declined 2.5 percent to 9,878 from the previous year and are down 53 percent since first measured in 1982. “This new data is encouraging, especially…
Read more

FBI Investigates False DUI Arrests

This page has long maintained that the current "Standardized Field Sobriety Test" procedure is fraught with uncertainty and open to subjective interpretation.  A federal investigation has been launched against Utah Highway Patrol Cpl. Lisa Steed for civil rights violations. Steed has been accused of arresting people for DUI who were sober. Two judges have found Steed lied…
Read more

Judges To Consider Military Service At Sentencing

Ohio appears ready to pass a requirement that judges consider a persons' military service when deciding a sentence in a criminal case.  Sub. S.B. 330, proposed by Senator Joe Schiavoni would apply to both misdemeanor and felony charges. "They have been through things that most of us haven't," Schiavoni said. "It's so, so important we consider…
Read more

MADD’s Legislative Agenda Moving Forward

As we have long warned in this blog, MADD and its allies in government are working hard to implement harsh measures that will test every person who gets into a car without their consent for alcohol impairment.  Yesterday,  the National Transportation Safety Board has officially urged every state to "require all convicted drunken drivers, including first-time…
Read more

Is The Smell Of Alcohol Enough To Justify Field Sobriety Testing?

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…
Read more

OVI Case Update: State v. Bayer, 2012-Ohio-5469

The question raised in State v. Bayer involved whether or not a person can be sentenced for OVI (O.R.C. 4511.19) if that person is also convicted of Aggravated Vehicular Assault (O.R.C. 2903.08) arising from the same incident.  Crimes that involve similar activity are often merged for purposes of sentencing.  The merger turns on whether or not the…
Read more

Problems with the Intoxilyzer 8000

If you have been charged with OVI (drunk driving) based on a test on the Inoxilyzer 8000, let Charles M. Rowland II defend your case.  He was the first private attorney in Ohio to be certified as an operator of the Intoxilyzer 8000, he is Ohio's only Forensic Sobriety Assessment certified attorney, and  he limits…
Read more

Stop & Sniff Case Law Update (by DaytonDUI)

In Kirtland Hills v. Medancic, 2012-Ohio-4333, a recent case out of the Eleventh District Court of Appeals, the Court reaffirmed the principle that just because a police officer smells alcohol on a driver does not mean that the police officer has reasonable and articulable suspicion to continue the detention of the driver and/or remove that driver to administer…
Read more

OSP Announces Increased Holiday Patrols

Today, the Ohio State Highway Patrol released two press releases announcing they will be out in force this holiday season.  You may have noticed the ubiquitous "Drive Sober or Get Pulled Over" commercials and increased law enforcement presence along our roadways. Through December 11, troopers have arrested 1,383 more drivers for OVI than during the same…
Read more

Arrested for DUI in Bellbrook? Sugarcreek?

IF YOU ARE CHARGED WITH DUI IN BELLBROOK OR SUGARCREEK, YOUR CASE WILL BE HEARD IN THE XENIA MUNICIPAL COURT The Xenia Municipal Court has jurisdiction over OVI/DUIviolations of any ordinance, including in Bellbrook, and Sugarcreek, Ohio.  The honorable Michael Murry is the presiding judge of the Xenia Municipal Court and has made a great deal of  information…
Read more