"WORK HARD, PLAY BY THE RULES, NEVER QUIT!"
View Article  Quote of the Week

Satisfaction does not come with achievement, but with effort. Full effort is full victory.
Mahatma Gandhi

View Article  Joke of the Week!

George, the surly Scottish bartender, asks the the Hillbilly, who is sitting at the bar, 'What'll you have, m'lad?'  Hillbilly answers, 'Ah, I'll have a single-malt 12 year old scotch, please.' George hands him the drink, and says, 'That'll be $17.50,' to which the Hillbilly splutters, 'What are you talking about? I don't owe you anything for this.'  Charlie, the helpful lawyer, sitting nearby and overhearing the conversation, then says to George, the bartender, 'You know, he's got you there. In the original offer, which constitutes a binding contract upon acceptance, there was no stipulation of remuneration.'

George was singularly unimpressed, so he says to the Hillbilly, 'OK, you beat me for a drink. But don't ever let me ever catch you in here again.'  The next day, the Hillbilly again, walks into the bar. George explodes, 'What in the blazes are you doing in here? I can't believe you've got the audacity to come back!  'The shocked Hillbilly says, 'What are you talking about? I've never been in this place in my life!'  George looks at the Hillbilly closely and mutters, 'I'm sorry, but this is uncanny. You must have a double.  'The Hillbilly, without missing a beat says, 'Thank you, bartender. Make it a single-malt 12 year old scotch.'

View Article  Poem of the Week (by Wallace Stevens)
The Emperor of Ice-Cream  
Call the roller of big cigars,
The muscular one, and bid him whip
In kitchen cups concupiscent curds.
Let the wenches dawdle in such dress
As they are used to wear, and let the boys
Bring flowers in last month's newspapers.
Let be be finale of seem.
The only emperor is the emperor of ice-cream.

Take from the dresser of deal.
Lacking the three glass knobs, that sheet
On which she embroidered fantails once
And spread it so as to cover her face.
If her horny feet protrude, they come
To show how cold she is, and dumb.
Let the lamp affix its beam.
The only emperor is the emperor of ice-cream.
View Article  Middletown OVI Checkpoint Coming on March 27

Middletown police will coordinate with the highway patrol for a local DUI checkpoint on March 27. The checkpoint location will be released earlier that day. 

If you need to contact the Middletown Muncipal Court, One Donham Plaza, Middletown, OH 45202, 513-425-7730.  As of the writing of this article, the Middletown Municipal Court has no web site.

View Article  Marijuana: A Primer (From NHTSA)
Cannabis / Marijuana ( Δ 9 -Tetrahydrocannabinol, THC)

Marijuana is a green or gray mixture of dried shredded flowers and ...   more »

View Article  Information about the Fairborn/Beavercreek Municipal Court

The Fairborn/Beavercreek Municipal Court is located at 1148 Kaufmann Ave, Fairborn, Ohio 45324.  The telephone number for the court is (937) 754-3040, Fax (937) 879-4422.  The normal business hours for the court are 7:30 a.m. for 4:00 p.m.  The jurisdiction of the court includes Beavercreek, Beavercreek Township, Fairborn and Bath Township.

If you are looking for a case in the Fairborn/Beavercreek Municipal Court visit the Court's web site here: http://ci.fairborn.oh.us/court.htm.  The Court also posts a list of its common fees on their site.

The Judge of the Fairborn/Beavercreek Municipal Court is the honorable Beth Root who was elected in 2007 to a six year term.

View Article  An Anti-Dunk Driving PSA from 1979

Anti-Drunk Driving PSAs have been a part of our culture for over a generation.  Here is one of the all-time greats.  Listen for the drunk wookie!

View Article  Conduct That May Lead To A Mistrial
  1. BY THE PROSECUTOR
    1. Badgering and harassing the defendant or one of the defendant’s witnesses
    2. Referring to inadmissible evidence
    3. Forcing the defense to continually object to irrelevant evidence
    4. Uncorrected misstatements of law
    5. Discovery violations, including violations of the continuing obligation to disclose information, if so provided by state law.
  2. BY THE JUDGE
    1. Prejudicial statements
    2. Reference to or mention of inadmissible evidence
    3. Stating the judge’s own opinion so as to invade the province of the jury
    4. Asking questions and making objections for one side so as to invade the province of the attorneys
    5. Ex parte communication with a juror
  3. BY THE JURY
    1. The consideration of extraneous evidence
    2. Accepting bribes
    3. Talking to witnesses or parties.

 

 

View Article  Information about the Greene County Jail and Adult Detention Center

There are two "jails" in Greene County which are run under the authority of the Greene County Sheriff's Department (http://www.co.greene.oh.us/sheriff/).  The Greene County Jail is a 130 bed, full-service facility built in 1969.  You may hear this facility called the "old" jail or the "downtown" jail as it is located at 77 E. Market St., Xenia, Ohio, behind the Greene County Court of Common Pleas.  You can call the Greene County Jail at 937-562-4842.

The second, newer facility is the Adult Detention Center located at 2295 Greenway Blvd., Xenia, Ohio 45385.  The ADC (as it is known) is a 236 bed minimum/medium supervision facility opened in May 2000.  Contact the Greene County Adult Detention Center at 937-562-5842. 

To learn how to find an inmate within the Greene County Jail or the Greene County Adult Detention Center visit the Greene County Sheriff's Jail page here: www.co.greene.oh.us/sheriff/sh_jail.htm.  Here you can also learn how to deposit money on an inmate's account.  You can email the jail division of the Greene County Sheriff's office here: eprindle@co.greene.oh.us

View Article  American Beverage Institute Comes Out Against Checkpoints
The American Beverage Institute is an industry-sponsored advocacy group that has stood up to Mother Against Drunk Drivers and their campaing for roadside checkpoints. The beverage group says that the National Highway Traffic Safety Administration and Mothers Against Drunk Driving (MADD) should back off from the roadblocks and instead support roving patrols to catch heavy drinkers.

"By promoting sobriety checkpoints, MADD and NHTSA are ignoring the root cause of today's drunk driving problem - hard core alcohol abusers,'' ABI managing director Sarah Longwell said in a statement.

"Because they are highly visible by design and publicized in advance, roadblocks are all too easily avoided by the chronic alcohol abusers who comprise the core of today's drunk driving problem,'' Longwell said. "That leaves adults who enjoyed a beer while watching a game or a glass of wine with dinner to be harassed at checkpoints.''

View Article  DDN: Nine OVI charges issued during Saturday checkpoint

HARRISON TWP., Montgomery County — Nine arrests on a charge of operating a vehicle while intoxicated were made during a sobriety checkpoint Saturday and Sunday, March 14 and 15, the Montgomery County Sheriff's Office said.

The checkpoint, conducted from 9 p.m. Saturday until about 2 a.m. Sunday on Ohio 48, also tallied 20 citations on charges of driving under suspension and having no driver's license, the sheriff's office said.

The checkpoint also tallied approximately 13 seat belt violations, one child restraint violation, 15 other traffic violations and one misdemeanor arrest.

The Ohio Highway Patrol and the Montgomery County Combined Agency O.V.I. Task Force also participated.

Source: http://www.daytondailynews.com/n/content/oh/story/news/local/2009/03/16/ddn031609ovicheckpoint.html

View Article  Increased DUI patrols for March Madness
Friday, March 16, 2007
THE COLUMBUS DISPATCH

Authorities throughout Franklin County will ramp up patrols to curb drunken ...   more »

View Article  Franklin County DUI checkpoint!

The Franklin County DUI Task Force will be out tonight. A checkpoint is set for Saturday, March 14, on Georgesville Road, north of Lincoln Park Court, in Franklin Township. The checkpoint was set to begin at 9 p.m. and continue operation until approximately 3 a.m.

If you find yourself arrested for an OVI/DUI offense, please contact Charles M. Rowland II at his 24 DUI Hotline (937) 776-2671 or www.ColumbusDUIdefense.com.

View Article  Checkpoint set for tonight: Friday the 13th!
The checkpoint will be located on State Route 49 in Clay Township and will be operated by the Combined Agency DUI Task Force of Montgomery County.  Be safe!
View Article  Friday's DUI video

View Article  How Is Ohio's DUI Law Viewed by Other Jurisdictions?

The following is from respected attorney Lawrence Taylor, whom I have come to admire as a voice for common sense in an insane world.  Here's his take on Ohio's DUI policies.

Yes: Ohio Bars Defendants from Challenging Breathalyzers

Posted by Lawrence Taylor on December 4th, 2008

I’ve received a lot of email from readers who think there was some misunderstanding at the end of my last post, that it could not possibly be true:


It looks like Ohio is asking themselves the same question I’ve been asking:  "What are they hiding?".  Oh, and let me repeat that last paragraph in the news story:

(Public Safety Department counsel Joshua) Engel predicted "we will not see any lawsuits in Ohio" because the Ohio Supreme Court established in an earlier ruling that the accuracy of drunken driving testing machines could not be brought up as a defense.

What?  An American citizen accused of driving over .08% is not permitted to question the accuracy of the machine — the only blood-alcohol evidence in the case?

Yep.  Ohio is the only state in the country saying that if a breath machine is approved for use by the State, it’s accuracy cannot be challenged in court.  See the Ohio Supreme Court case of State v. Vega, 12 Ohio St.3d 185, 465 N.E.2d 1303 (1984).  


That’s right, folks.  No typo, no misinterpretation, no mistake.  That has been the law in the State of Ohio for 25 years now.  Right here in America:  if you are accused of drunk driving, you are not permitted to question the reliability or accuracy of the breath machine – and the manufacturers won’t even let you see what’s inside.   The machine is judge, jury and executioner.

One of those emailing me, an individual who is highly qualified to comment, wrote:


What is interesting is your comment on Vega and Mr. Engles statement…It is indicative of the attitudes that are created when the validity of forensic science is allowed to hide behind a judges robe.  His comment was an arrogant affront to every judge in this state and an insult to our judicial system. 

What is also interesting is that in the 25 or so years since Vega, no other state has taken judicial notice nor has any other state had a similar decision. 


Just imagine if you were accused of, say, burglary based upon fingerprints found at the scene — and you were not permitted to question the fingerprint analysis.  Or you were on trial for murder– but you couldn’t challenge the DNA analysis pointing to you as the killer.

Just another example of "The DUI Exception to the Constitution".

 

View Article  Checkpoints Set for the upcoming St. Patrick's Day Holiday

WHIO television Dayton, Ohio is reporting that the Combined Agency DUI TASK FORCE of Montgomery County will be conducting increased patrols over the St. Patrick's Day holiday.  They will also conduct at least two checkpoints; one in Montgomery County and one in Clark County.  The checkpoints will be announced at www.WHIOTV.com and on their sister radio site www.newstalkradiowhio.com.

Please note: this is the TASK FORCE not the highway patrol, so you may not be able to find the locations of the checkpoints by going to the Ohio State Highway Patrol website.  The TASK FORCE checkpoint info usually does not wind up on the OSP site www.statpatrol.ohio.gov.

View Article  National Motorists Association Warning
Ohio state House votes to use speed cameras to issue $250 -$300 tickets to freeway drivers. Ohio  passed sweeping legislation that would impose new penalties on motorists, including a statewide speed camera program. State Representative Peter S. Ujvagi (D-Toledo) inserted the controversial proposals into a "must pass" $7.6 billion transportation funding measure to avoid individual discussion of the merits of the many programs rolled into the 361-page bill. Anyone failing to pay the $250 ticket  will have his license suspended, or, in the case of out-of-state drivers, be banned from operating a motor vehicle in Ohio.
 
This bill will also make not wearing a seatbelt a primary offense, which means you can be stopped for not wearing your seatbelt even if you have committed no other offense.   
 
Read House Bill 2
 
View Article  Ohio House Votes to Implement Freeway Photo Radar
Ohio state House votes to use speed cameras to mail near $300 tickets to freeway drivers.

Peter S. Ujvagi
A deeply divided Ohio House of Representatives on Thursday passed sweeping legislation that would impose new penalties on motorists, including a statewide speed camera program. State Representative Peter S. Ujvagi (D-Toledo) inserted the controversial proposals into a "must pass" $7.6 billion transportation funding measure to avoid individual discussion of the merits of the many programs rolled into the 361-page bill. Only one Republican voted in favor of Ujvagi's plan, which passed by a margin of 53-45.

The bill would make it a primary offense to stop a motorist who either forgets to wear a seatbelt or chooses not to do so, even if he has committed no other offense. The plan would make it easier for police to issue seatbelt tickets which, in other states, have become a significant source of revenue. In addition to raising a number of motoring fees, Ujvagi envisions a statewide freeway speed camera program as a secondary means of increasing the state's ability to spend.

The program allows the state to lower the speed limit in "construction zones" on freeways so long as there is one designated worker present. A private, for-profit company will station speed camera vehicles in these zones to photograph motorists and generate a $250 ticket -- plus an unspecified fee -- mailed up to ninety days after the alleged offense took place.

The recipient of this ticket will be presumed guilty unless he can prove to the Department of Public Safety in a "nonjudicial, administrative hearing" that he is innocent using evidence that the agency considers "reliable and credible." From each ticket, the state will pay $125 to the city or county in whose jurisdiction the alleged offense took place. Another $12.50 will go to a state trauma fund. The remainder will be split between the state and the private vendor in charge of ticketing. Anyone failing to pay the fee will have his license suspended, or, in the case of out-of-state drivers, be banned from operating a motor vehicle in Ohio.

The state of Illinois was the
first to deploy photo radar on freeways in May 2006 with the claim that the program would save the lives of highway workers. A number of studies suggest that only 15 percent of freeway construction zone injuries are caused by automobiles. A far greater number of workers are injured by their own construction equipment.

A copy of the legislation is available in a 1mb PDF file at the source link below.
Source: PDF File House Bill 2 (Ohio General Assembly, 3/7/2009)
View Article  Statewide Arrest Statistics for 2008

Here is a map from the Ohio State Highway Patrol site, http://statepatrol.ohio.gov, setting out where the arrests for OVI were made in 2008.

 

View Article  60 Minutes Story Show How False Eyewitness Identifications Happen

60 Minutes did a great story on false eyewitness identification.  It is startling to see Lesley Stahl choose the wrong "perp" just after it is explained to her how she will be tricked.  This evidence should be challenged at trial. 

http://www.cbsnews.com/sections/60minutes/main3415.shtml

 

View Article  The Best of Field Sobriety Testing

View Article  MADD Quote of the Week

"MADD has become big bucks, and that's it." "It's a big corporation."

--Sandy Kaufman, former MADD chapter President

Source: MADD Money investigative report, K5 News, Seattle, WA

View Article  Waste-o-Money Jesus on I-75

One of the best (and worst) part of my job is driving the interstates and back roads of our great Ohio.  Perhaps my favorite site is the giant waste-o-money Jesus who guards I-75.  There is a facebook group dedicated to him, songs written about him and many posts of Jesus doing the YMCA or OHIO.  So here's my salute to a church that would rather build a giant wate-o-money Jesus than spend the money helping the poor.

View Article  The Second District Kicks Ass! (State v. Swartz)

In State v. Swartz http://www.sconet.state.oh.us/rod/docs/pdf/2/2009/2009-ohio-902.pdf, the Second District, following a line of its own cases, upheld a decision of the Miami County Municipal Court, ruling that a Trooper did not have reasonable articulable suspicion to subject the defendant to standardized field sobriety tests.  This is a great victory for my good friend (and great attorney) Sam Huffman.  Congrats Sam and bless the Second District.