The checkpoint will operate from 9:30 p.m. until 2 a.m. with the help of at least six area law enforcement agencies. “The checkpoint is designed to remove impaired drivers from our roadways,” Dayton police Sgt. John Ross in a news release.
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Friday, January 29
DUI Checkpoint in Montgomery County Tonight!
by
Charles Rowland
on Fri 29 Jan 2010 05:30 PM EST
The Combined Agency DUI Task Force of Montgomery County will operate
a sobriety checkpoint on South Smithville Road tonight, Jan. 29.
Thursday, January 28
Wednesday, January 27
INVALID SAMPLE (an AVVO published Article by C. Rowland)
by
Charles Rowland
on Wed 27 Jan 2010 02:44 PM EST
INVALID SAMPLE” WHAT IT IS AND WHAT IT IS NOT
What does the "INVALID SAMPLE" message on a BAC DataMaster breath test
machine mean? This article explores what it does (and does not) mean.
While this article is specific to Ohio, you may find it of wide
applicability.
The Problem“I was standing by the machine. It beeped and the officer told me to blow. I blew and blew. The officer got really mad and told me that I was messing with the machine. He said I had to do it again. He took out one ticket and put in another. The next time I blew again…really hard. He told me that I was being difficult and told me that he was going to say I was refusing to take the test. This was horrible.” -Client Testimonial- WHAT AN INVALID SAMPLE IS NOTAfter hearing a story like the one above, the client hands you two pink BAC DataMaster tickets each showing a “invalid sample” reading. You can assure your client that he or she was not doing anything wrong. An “invalid sample” reading is NOT an indication that your client did not provide an adequate breath sample. If your client was fake-blowing or sucking in on the machine, it would produce a different result. The machine will produce an “INCOMPLETE TEST” or a “SUBJECT REFUSED? <y/n> response, depending on the particular software that the BAC DataMaster is using. In fact, if the machine does produce an “invalid sample” when someone sucks in, it represents a failure of the one-way valve and is indicative of a faulty machine. You should make a point of checking multiple calibrations to determine if the machine has been or should be taken out of service for repair. WHAT AN INVALID SAMPLE IS NOT (PART II)BAC DataMaster Sample Acceptance Parameters: 1. Minimum flow rate (~3.7 liters per minute) must be maintained; 2. Increase from one two-consecutive point average to the next be less than or equal to 0.001 g/210 L; 3. Minimum total volume of 1.5 liters must be delivered (that is less air than a two liter bottle of pop); and 4. Flow rate must drop below threshold (~3.7 liters per minute). An “invalid sample” result does not mean that your client blew saliva or another foreign body into the sample chamber. The plastic mouthpiece has a special chambered design which would prevent any saliva from getting into the chamber. As counsel, you should also guard against jumping to the conclusion that the “invalid sample” result was due to G.E.R.D. (Gastroesophageal reflux disease). This is but one of many pieces that you will need to construct a winning G.E.R.D. defense. WHAT AN INVALID SAMPLE IS NOT (PART III)Whenever you have a client tell you that the officer accused him or her of manipulating the blow when the machine renders an “invalid sample” test this means that you have an ill-informed or poorly trained operator. Keep this in your back pocket and move on the officer at the motion to suppress. Lock in the fact that he did not know the cause of the “invalid sample” actually was. This is particularly effective when you are able to present as your theory of the case that the officers “rushed to judgment.” “Ladies and gentlemen of the jury, my client did not stand a chance. See how they treated him unfairly on the field tests and then how wrong the officer was to accuse him of faking a blow. Never once was my client treated as innocent until proven guilty. You can make that right by being fair now.” WHAT AN INVALID SAMPLE ISAn “INVALID SAMPLE” response is an indication of mouth alcohol from the refluxing of alcohol containing stomach contents on the BAC DataMaster or alcohol trapped in the oral cavity. If you can imagine that a normal breath sample is represented by a bell-shaped curve. The presence of mouth alcohol sufficiently alters that bell shaped curve so as to alert the machine that it should kick the test out. This is done by a part of the machine known as the “slope detector.” A negative slope is characteristic of the presence of mouth alcohol. As the subject blows into the machine, the amount of alcohol in the mouth decreases, thereby decreasing the alcohol concentration the machine measures. The machine samples the alcohol concentration in the sample chamber every ¼ seconds. A negative slope occurs when three consecutive negative comparisons of two-point averages are obtained. WHAT AN INVALID SAMPLE IS (PART II)Some of the cause of mouth alcohol may include: food, vomit, dentures or other foreign materials in the mouth which may contain alcohol, gastroesophageal reflux disease (GERD), or some drug use. Some examples are Nifedipine, Nitroglycerin, Nonsteroidal anti-inflammatory agents (e.g., indomethacin, ibuprofen, naproxen, etc.). According to Dr. Alfred Staubus, “The machine is good at detecting mouth alcohol contamination if only mouth alcohol is present and there is little or no lung air alcohol. Slope detector often does not work if both mouth alcohol and lung air alcohol are present.” It is always a good idea to have an expert get involved in an “invalid sample” case early as they may be of assistance in diagnosing machine issues, or in identifying a valid G.E.R.D. defense scenario. Monday, January 25
United States Supreme Court Upholds Science!
by
Charles Rowland
on Mon 25 Jan 2010 04:46 PM EST
Today in an per curiam decision,
the United States Supreme Court reversed the Virginia Supreme Court and
remanded the case to Virginia in light of Melendez-Diaz v.
Massachusetts. This is good news for the lawyers and defendants
everywhere that wish to challenge scientific evidence in their trials.
It means that the government still has to bring live witnesses to
trial to testify and be subject to cross-examination. It was widely
thought that the four dissenters in Melendez-Diaz granted cert on this
case in an effort to quickly overturn Melendez-Diaz after Justice
Souter retired and was replaced by Justice Sonya Sotomayor.
Friday, January 22
DUI Busters on Criag's List
by
Charles Rowland
on Fri 22 Jan 2010 04:55 PM EST
The latest controversy to hit Craig's List involves "DUI Busters who target bars and make calls on patrons they feel are intoxicated. Is this the next evolution of the MADD neo-prohibition? This story is from a FOX station in Wisconsin (http://www.fox6now.com/news/witi-100120-craigslist-narcs-dui,0,7859851.story)
Milwaukee, WI. Jan. 22 — We’re all fed up with drunk drivers. Some people on the popular website Craigslist have decided they’ve had enough, and they want to put a stop to it. They call themselves the DUI Busters, but some are questioning their controversial tactics… The so-called "DUI Busters" are trying to put a stop to it, and they’re bragging about their exploits on Craigslist. Liz Rhode is firmly against drunk
driving, but the Waukesha woman says something about staking out bars
bothers her. She posted her point on Craigslist: How are they going
to prevent the DUI they are following from from running through a red
light possibly leading to a fatal collision. why not stop them before
they get into the car. That’s is what a good samaritan would do.
Criminal Justice Bill In The Works
by
Charles Rowland
on Fri 22 Jan 2010 04:42 PM EST
Crime & legal issues notebook: Sen. Webb's bill to review criminal justice system gains supportU.S. Sen. Jim Webb's bill to undertake a broad review of the nation's criminal justice system — on the basis that the one we have isn't working — is one step closer to fruition. Check here to see the status of the bill.http://www.dailypress.com/news/dp-local_crimenotebook_0123jan23,0,7094183.story Wednesday, January 20
First Woman Ohio Supreme Court Justice Named 'Great Ohioan'
by
Charles Rowland
on Wed 20 Jan 2010 03:04 PM EST
From the Ohio Supreme Court Web: http://www.supremecourt.ohio.gov/
Florence Ellinwood Allen, the first woman to serve as a Justice on the ... more » Monday, January 11
ointly Recommended Sentence May be Appealed If It is Not ‘Authorized by Law’
by
Charles Rowland
on Mon 11 Jan 2010 03:11 PM EST
(Jan. 5, 2010) The Supreme Court of Ohio ruled today that R.C. 2953.08(D)(1), which bars a criminal defendant from appealing ... more »
Thanks to Lee Edwards
by
Charles Rowland
on Mon 11 Jan 2010 11:02 AM EST
2009 brought many challenging and time consuming cases. However, I was aided at every turn by the professionalism and consistency of private investigator Lee Edwards. Lee can be found at www.creekpi.com and is one of the best witnesses on issues of accident reconstruction and standardized field sobriety testing I have ever seen. If any attorney in Ohio needs a top notch investigator with unparalleled credentials, I highly recommend Lee Edwards.
find links to Lee Edwards and Creekside Investigations at www.DaytonDUI.com
Ohio's Second District Court of Appeals
by
Charles Rowland
on Mon 11 Jan 2010 11:00 AM EST
  The Miami Valley is served by Ohio's Second District Court of Appeals. You can get information about the Second District Court of Appeals at: http://www.mcohio.org/SecondDistrictAppeals/.  General questions about the 2nd District Court of Appeals should be directed to:
Ronald E. Mount, Court Administrator Erin E. Scanlon, Deputy Court Administrator Second District Court of Appeals of Ohio 41 N. Perry Street, Fifth Floor P.O. Box 972 Dayton, Ohio 45422-2170 Phone/Fax Numbers: (800)608-4652 (within Ohio), (937)225-4464, (937)496-7724 (fax)
Beer Myth: "I only drink beer...so I'm fine to drive"
by
Charles Rowland
on Mon 11 Jan 2010 10:59 AM EST
"I only drink beer...not the hard stuff...so I'm fine to drive."
WARNING: The BAC machines employed in the State of Ohio do not distinguish between beer and other forms of alcohol. Biological factors such as absorption, elimination and metabolism may present interesting scientific arguments for a DUI attorney, but it is incontrovertible that the machine will pick up the alcohol no matter the method of delivery.
Friday, January 8
Some Inspirational Quotes for the Criminal Defense Attorney
by
Charles Rowland
on Fri 08 Jan 2010 01:51 PM EST
Wednesday, January 6
Vandalia Municipal Court
by
Charles Rowland
on Wed 06 Jan 2010 03:33 PM EST
One of the greatest things about being a DUI/OVI attorney is visiting the different courts throughout Ohio. I have started taking pictures of the courts I visit as a kind of photographic journal. This week I visited the Vandalia Municipal Court which is located at
Tuesday, January 5
www.DUI1.com
by
Charles Rowland
on Tue 05 Jan 2010 01:49 PM EST
Charles M. Rowland II is proud to announce his continuing relationship with DUI Defenders, a nationwide team of lawyers dedicated to representing the accused drunk driver. Please visit www.DUI1.com and/or call 1-800-KICK-DUI if you are stopped for a DUI/OVI offense anywhere in the Miami Valley.
  
Monday, January 4
Ohio State Highway Patrol Posts
by
Charles Rowland
on Mon 04 Jan 2010 11:30 AM EST
In response to a question, here are the local Ohio State Highway Patrol Posts, along with phone numbers. If you ... more »
What is the hottest selling wine in Dayton? Chocolate red!
by
Charles Rowland
on Mon 04 Jan 2010 07:00 AM EST
Alcohol sales in Dayton are booming. Here is video from the Dayton Daily News of the manager of Arrow Wine in Centerville and Kettering telling us about the good year. I was surprised at the Dutch Chocolate/Red Wine concoction he says is selling like hotcakes. Has anyone tried this stuff?
Saturday, January 2
Dayton Municipal Court/www.DaytonDUI.com
by
Charles Rowland
on Sat 02 Jan 2010 04:42 PM EST
CHARLES M. ROWLAND II & THE DAYTON MUNICIPAL COURT If you find yourself accused of a DUI or OVI in Dayton, you will go before a Judge in the Dayton Municipal Court located at 301 West Third St., Dayton, Ohio (at the corner of Perry and Third, across from the Federal Courthouse). The Criminal Division of the Court can be reached at (937) 333-4315. Office hours for the Clerk of Court are Charles M. Rowland II regularly appears in the Dayton Municipal Court on all issues related to a Drunk Driving (OVI) charge including: arraignments, Automatic License Suspension (ALS) hearings, Pre-trials, Motions to Suppress, Bench Trials and Jury Trials. If you find yourself accused of an OVI (aka DUI) in the Dayton Municipal Court, call Charles M. Rowland II at 937-879-9542. For 24/7 assistance you can contact him on his After-Hours DUI Hotline at 937-776-2671.
Speed Trap Exchange
by
Charles Rowland
on Fri 01 Jan 2010 09:20 PM PST
Wouldn't it be great if someone set up a web site where drivers could be warned about speed traps. Well, the national leader in motorist rights, the National Motorist Association (www.motorists.org) has done just that. Before you set out on those over-the-road vacations check out http://www.speedtrap.org/ where you can find information that may save you a hefty fine. I have been a member of the National Motorist Association for many years. Their philosophy mirrors my own and they do a tremendous amount for American Motorists. |
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