Legal Blog & Information

Why You Should Oppose Annie’s Law

Up front: This blog is not meant in any way to disrespect the family and friends of Annie Rooney who, in her loving memory, have promoted Annie’s Law with nothing but good intentions and concern for public safety. That said, here is why it is permissible for you to oppose Annie’s Law, an Ohio Bill… read more

Make Sure You Read Your Letter To Drive

Who reads anything anyway? You should.  Especially where it relates to a letter to drive from court. That is what you get when a court grants limited driving privileges on a suspension in Dayton, Ohio for DUI, OVI, or other offense.  If you don’t make sure you leave court with proof of what the judge… read more

Dayton OVI Lawyer Speaks

I presented at the Annual Ohio Association of Criminal Defense Lawyers Association, or OACDL, Advanced OVI Seminar in Columbus last week. I focused on changes if the Ohio Administrative Code, OAC. The OAC regulates how blood, breath, and urine testing is to be conducted in cases that are being prosecuted for DUI in Ohio. The… read more

Invalidity Of HGN Eye Test

I taught a continuing education seminar yesterday at UC Law School.  My focus was on the validity of the Horizontal Gaze Nystagmus test, or HGN.  This is a bouncing of the eye as it gazes to the side. This the first test done on most DUI suspects in the Dayton Ohio area.  The officer will… read more

Second Offense Driving Privileges

When you are arrested for DUI in Dayton Ohio and test over the limit or refuse you should be suspended by the BMV.  The officer will give you a copy of the BMV 2255 which puts you on notice of that. You will have to wait 90 days if you refuse and 45 days if… read more

Can You Drive After A DUI Or OVI In Ohio?

Most often in Dayton, Ohio the answer is yes.  If you are an Ohio license holder and get charged with a DUI or OVI it is best to ask the court to drive in Ohio for work, school, medical, and vocational reasons 15 days after you test over the limit or 30 days after you… read more

Miami County Municipal Court DUI

DUI in Miami County Ohio?  Here is a link to the court website: http://www.co.miami.oh.us/index.aspx?NID=134 There is parking around the building located at 215 W. Main St., Troy, OH 45373.  The first floor looks like a museum. You can take the stairs up to the third floor where court is.  There is a bathroom on the second floor…. read more

Can You Guess your BAC Before Driving?

Don’t try it.  My experience with people that do this is that they usually become clients. A local DUI lawyer friend of mine in the Cincinnati and Dayton Ohio area, Jeff Meadows, has a solution.  He sells a small straw-like device that he claims can predict whether you are over the limit or not. If… read more

Best Defense To DUI

The best defense to a Dayton Ohio DUI or OVI is a good offense.  This means minimizing your exposure to risk of being pulled over after drinking. As we come into the fall and holiday season there is no time better to think about this.  The end of the year is a time to be… read more

Winning Motions Vs. Trials

What does winning a motion on a DUI or OVI case in Dayton, Ohio mean?  Not much maybe. When you win a motion to say exclude a breath test that is good.  However, the prosecutor has the ability to appeal the trial court’s decision to the court of appeals. If the court of appeals disagrees… read more