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Ohio OVI

Patrol OVI and Drug Arrests up this Memorial Day weekend
Nine people killed on Ohio’s Roadways

Columbus – The Ohio State Highway Patrol made more arrests for impaired driving and drugs this Memorial Day weekend compared to the 2010 holiday. In addition, according to the Ohio Department of Public Safety, nine people lost their lives in nine crashes over the weekend.

Patrol OVI arrests increased nearly eight percent and drug arrests were up nearly 22 percent. The Patrol’s Columbus District, encompassing Central Ohio counties, experienced the highest amount of OVI and drug arrests, with 117 and 51 arrests respectively. The four-day reporting period began Friday, May 27 at Midnight and ran through Sunday, May 30 at 11:59 p.m.

The Patrol handed out 5,541 safety belt violations – an increase of more than 15 percent over 2010 – during 27,168 enforcement stops as part of their zero-tolerance policy in cooperation with the Click It or Ticket campaign.

The Patrol made 18,034 non-enforcement contacts, of which 5,718 were to assist motorists and 46 were to assist other law enforcement agencies.

Crash investigations were on the decline – down nearly 6 percent. Arrests for speed violations of 20 or more miles-per-hour over the speed limit were down four percent.

For a complete breakdown and map of Patrol activity please visit statepatrol.ohio.gov/doc/memorialday_2011.pdf

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We received a press release from the Cleveland Division of Police that there will be a checkpoint today (Wednesday, May 25) in the Fourth District as part of an overall effort from the city to reduce the number of alcohol-related accidents.

The DUI checkpoint is located at Harvard Avenue at E. 67th Street. The checkpoint will start at 9:00 pm and end at 1:00 am..

If you’re heading out today- say to watch some magic at Progressive Field – and you’re going to drink, designate a driver.

Also, the City of Cleveland announced that officers will be operating a sobriety checkpoint in the Third District on Thursday, May 26, 2011. The goal of the Division is to reduce the number of alcohol/impaired related accidents and to make the roadways safe for all drivers. Also, to educate safe driving habits and increase safety belt use.

Cops will be out across the state this Memorial Day weekend, designate a driver. If you find yourself in legal trouble, don’t hesitate to contact me BrianTaubman@taubmanlaw.net

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There are three phases involved when an officer arrests you for an OVI. Back in January we tackled phase one, vehicle in motion. This post is solely dedicated to Phase Two, personal contact.

The first task of Phase Two, observation and interview of the driver, begins as soon as the suspect vehicle and patrol vehicle have come to complete stops. Usually an officer will have developed suspicion that the driver is impaired by observing something unusual when the vehicle was in motion. i.e. speeding or weaving. However, this is not always true; the suspect could have been pulled over for expired tags or an equipment violation. Regardless of the evidence that may have come to light during detection phase one, vehicle in motion, the officer’s face-to-face contact with the driver usually provides the first definite indicators that the driver is impaired.

During the face-to-face observations, an officer will use his/her sense of sight, hearing and smell to gather evidence of alcohol or other drug influence.

Sight, here officers are looking for bloodshot eyes, soiled clothing, fumbling fingers, alcohol containers, drug paraphernalia and unusual actions.

Hearing, during the interview in the car officers are looking to hear slurred speech, admissions of drinking, inconsistent responses, abusive language and unusual statements.

Finally, there is Smell, here the officer is trying to smell alcoholic beverages, marijuana, cover up odors and other unusual odors. The arresting officer has to be properly trained to recognize these sensory observations and has to have the ability to smell the evidence clearly and convincingly.

The basic purpose of the face-to-face observation and interview of the driver is to identify and gather evidence of alcohol and/or other drug influence. There are a number of additional tests officers may and do use to determine if the driver is intoxicated while he or she is still behind the wheel. These techniques apply the concept of divided attention; they require the driver to concentrate on two or more things at the same time. They include both question techniques and psychophysical (mind/body tasks) techniques. These techniques are not as reliable as the standardized field sobriety tests but are still useful in obtaining evidence of impairment.

Questioning Techniques: Officers use three techniques when asking questions. First, they ask for two things simultaneously. An example of this is requesting that the driver produce both the driver’s license and the vehicle registration. Here, the officer is looking for a driver who forgets to produce both documents, produces documents other than the ones requested, etc. The second questioning technique is when an officer asks interrupting or distracting questions. This type of questioning occurs when the driver is asked to produce documents; the officer will then ask the driver without looking at your watch, what time is it right now? The officer is observing whether you ignore the time question, forget to resume the search for the documents or if the driver supplies a grossly incorrect answer. The final technique is asking unusual questions. This occurs when the officer has the driver’s license. An example of this type of question would be asking the driver what their middle name is.

In addition to the questioning techniques, an officer may ask the driver to recite the alphabet starting at a particular letter and ending at another. Also, the officer may ask the driver to count down from 48 to 33 out loud. Finally an officer may instruct to do a finger count. This is touching your thumb to each finger up and then counting, 1,2,3,4.

After Phase one and two are completed the officer will start phase three: pre-arrest screening. This phase includes field tests and breathalyzer. We will explain this important phase in a future post.

If you or a person you know are in need of competent DUI/OVI defense in Ohio contact Brian Taubman at 216-621-0794 or by email at BrianTaubman@taubmanlaw.net.

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Good Friday to you Ohio OVI readers. We wanted to share with you some information on a checkpoint in Medina County tonight.

The Ohio Highway Patrol, in conjunction with the Brunswick Police Department, will have an OVI checkpoint from 8 pm to midnight tonight along U.S. Highway 42 in Medina County. The checkpoint will be held in conjunction with several saturation points throughout the area this weekend.

Thanks to Cynthia Molnar for sharing this on our Facebook page before we even had a chance to make our calls. We love the help.

We called stations throughout the Northeast Ohio area this week and didn’t find any other released checkpoints. We will update you if we hear anything else.

One housekeeping note: The Ohio OVI Blog will be taking a little time to refresh, relax and tan next week. Because we’ll be tucked away on an exotic beach, we won’t be posting anything about checkpoints. If you hear about any while we’re away, feel free to post them on the Facebook page.

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Happy Friday, Northeast Ohio.

We wanted to share a quick update with you. As we mentioned in our checkpoint blog yesterday, there are checkpoints in Elyria, Akron (tentatively) and Cleveland this weekend. We finally got the details on Cleveland’s checkpoint. It will be at Broadway and Fleet Avenues between 9p and 1a tonight.

As always, drinking and driving is a terrible idea. These checkpoints are meant to stop impaired drivers and make our roads safer. If you’re going out tonight, designate a driver.

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It looks like we have one last weekend without checkpoints before the full swing of the checkpoint season begins. We called all of our usual places this week (see the list below) and heard no across the board for checkpoints this Friday and Saturday.

Reminder, there are already future ones scheduled across the area. As we previously reported, Akron/Summit County will have one April 29th, Elyria is scheduled to have one April 30 and Euclid has one on May 27. All of those dates were given to us as tentative.

Stay safe and enjoy the slightly warmer, less rainy weather this weekend. Let us know if we can offer you any legal help.

Beachwood – NO
Bedford – NO
Berea – NO
Brecksville – NO
Brooklyn – NO
Brooklyn Heights – NO
Broadview Heights – NO
Canton – NO
Cleveland Heights – NO
Cleveland – NO
Chesterland – NO
Cuyahoga Falls – NO
Garfield Heights – NO
Euclid – NO
Kent – NO
Lakewood / Ohio Highway Patrol – There was no release this week regarding Cuyahoga County OVI checkpoints run by The Ohio Highway Patrol
Independence – NO
Medina – NO
Mentor – NO
Middleburg – NO
North Royalton – NO
North Ridgeville – NO
Olmsted Falls – NO
Olmsted Township – NO
Parma – NO
Parma Heights – NO
Portage County Sheriff’s Department – NO
Rocky River – NO
Shaker Heights – NO
Seven Hills – NO
Seville – NO
Streetsboro – NO
Stark County Sheriff’s Department – NO
Strongsville – NO
South Euclid – NO
University Heights – NO
Wadsworth – NO
Warren – NO
Westlake – NO
Willoughby – NO
Youngstown – NO

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With spring and summer around the corner (hopefully), people will be bringing out there motorcycles to cruise the streets, go for runs and go to biker nights at local bars. Law enforcement recognizes that with the change of weather more people will be out on their bikes. In response to the potential of impaired drivers on motorcycles, the National Highway Traffic Safety Administration (NHTSA) has developed research identifying driving impairment cues for motorcycles.

NHTSA has developed two sets of cues that help officers gauge the probability of intoxication for motorcycle drivers. There are two set of cues: Excellent cues (50 percent or greater probability) and good cues (30 to 50 percent probability). We have put together the two sets of cues below so you can understand what it is officers look for.

Excellent Cues

• Drifting during turn or curve
• Trouble with dismount
• Trouble with balance at a stop
• Turning problems (e.g., unsteady, sudden corrections, late braking)
• Inattentive to surroundings
• Inappropriate or unusual behavior (e.g., carrying or dropping object, urinating at roadside, disorderly conduct, etc.)
• Weaving

Good Cues

• Erratic movements while going straight
• Operating without lights at night
• Recklessness
• Following too closely
• Running stop light or sign
• Evasion
• Wrong way

Safe driving demands the ability to divide attention among various tasks, such as steering and operating a turn signal or remaining stopped at a green light. Officers look for motorcyclists who have impaired divided attention, meaning the driver lacks the ability to concentrate on two or more things at the same time. Officers will use these cues as well as cues that are observed after the command to stop is given (attempt to flee, no response, slow response, an abrupt swerve, sudden stop).

As always, the Ohio OVI Blog is here to share information on the OVI/DUI laws in the state of Ohio. We hope you use this information to practice safe driving. Should you find yourself in need of an OVI lawyer, feel free to contact us.

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Good day to you, Northeast Ohio. The Ohio OVI Blog is back with another list of checkpoints for the weekend of April 8-10.

Before we get down to business: Have you read our post about the SCRAMx alcohol monitoring? We had a test subject wear an ankle monitoring bracelet for the Indians home opener to see what the bracelet would say. The result was pretty interesting.

OK, back to the usual stuff. We found out about one confirmed checkpoint this week. Here are the details: Maple Heights will have one Friday from 8-12 pm at Henry and Libby, by the Great Western Juice.

During our research this week we also found out about a number of future checkpoints. Here’s the details on those.

Akron/Summit County does not have one this week, but has one tentatively scheduled for April 29th. We’ll update you when we know more.

Elyria does not have one this week, but has one scheduled for April 30 from 10pm to 2am. More details on that when we get them.

Euclid does not have one this week but has one tentatively scheduled for May 27.

Below is the list of other areas we called this week who told us they do not have a checkpoint scheduled as of today. Have a great weekend.

Beachwood – NO
Bedford – NO
Berea – NO

Brecksville – NO
Brooklyn – NO
Brooklyn Heights – NO
Broadview Heights – NO
Cleveland Heights – NO
Cleveland – NO
Chesterland – NO

Garfield Heights – NO
Kent – NO

Lakewood / Ohio Highway Patrol – There was no release this week regarding Cuyahoga County OVI checkpoints run by The Ohio Highway Patrol
Independence – NO
Medina – NO

Mentor – NO
Middleburg – NO
North Royalton – NO
North Ridgeville – NO

Olmsted Falls – NO
Olmsted Township – NO
Parma – NO
Parma Heights – NO
Portage County Sheriff’s Department – NO

Rocky River – NO
Shaker Heights – NO
Seven Hills – NO
Seville – NO

Streetsboro – NO
Strongsville – NO
South Euclid – NO

University Heights – NO
Wadsworth – NO

Warren – NO
Westlake – NO

Our subject and his SCRAMx monitor

Here at the Ohio OVI Blog we strive to get out all of the information possible about OVI laws in Ohio so that people can realize the danger in drinking and driving and practice control. As such, we’ve been working with Alternative Horizon Counseling to find out more about alcohol monitoring programs. Because they like us, they allowed us to have a test subject wear a SCRAMx ankle bracelet during the Cleveland Indians home opener last week (See our previous post about what a SCRAMx is). It didn’t take us a long to hook up with a test subject who was willing to have us monitor his drinking for the special occasion. The hard part was getting him to take appropriate notes of the day.

Below is his journal from that day. We’d like to thank him for taking the time to share this experiment with us. As always, we never encourage drinking or overindulgence at the Ohio OVI Blog. We feel safe in saying that this individual was going to have a few drinks for the Indians home opener anyway, we just jumped on for the ride. Our test subject was a volunteer and was not paid (although he shook us down for a free lunch this week).

March 31 – The bracelet is installed

The bracelet was installed at 4:50 pm. After being installed I had to wait 30 minutes before I could have a drink. I was told this is done to set up a baseline reading. After 30 minutes, I had two bourbons and diets and some dinner. After dinner I hopped a ride to Around The Corner in Lakewood. I stayed at this bar with friends for a few hours; I had a jack and diet, a shot of Patron, an orange bomb and a gummy bear shot and an Amstel Light (I party). The hour was getting late, and it was at this time I realized I had an experiment to run for Ohio OVI Blog tomorrow and decided that was my limit and hopped a taxi ride home. My BAC when I left Around The Corner was .22, almost three times the legal limit (which is .08).

A few side notes about the SCRAMx bracelet: It vibrates once every 15-30 minutes and is a little bulky around the ankle. This vibration and bulkiness affected my sleep, which made me a little grumpy.

April 1 – The Indians home opener

I don’t know what to say except that the thoughts herein might get a little foggy. I headed downtown around 9:30 am and started with breakfast, a couple of beers and an orange bomb (my preferred breakfast shot). I jumped around to four different bars to meet some friends before heading toward my seat at 12:40. I had another beer and four more shots before heading to the stadium. Once in my seats, I slowed my pace a little and had three beers during the game and also ate a hamburger. I have to say that I considered having a few more after the Tribe went down by double-digit runs.

At this point I have to admit that I was not in the stadium for the Indians’ late run at the White Sox. When I left they still had a goose egg on the board, although I’m not sure what time it was exactly. Herein we’ll have to rely on the SCRAMx, as I lost track of things after I left the stadium. I visited two more bars downtown and then cut myself off a little before 10. Don’t worry, I ate all three meals during day, adding a Panini to my late night diet.

After a long day of drinking and baseball, I hopped a taxi back to my place in Lakewood around 10:30. I had the bracelet removed at 11:30 and fell asleep sitting up in my recliner. It was not my finest moment.

In trying to total up the drinks, I had at least eight beers, three cocktails and can account for no fewer than 14 shots. I suspect I had more than that, but can’t be 100 percent sure.

April 2 – The aftermath

On top of a hangover, I feel a little weird today. I sort of miss the vibration of the bracelet on my ankle. We bonded over time and I feel like I’m missing a part of my leg.

In the end, the results say that my drinking was a bit excessive. My high point, according to the SCRAMx was a blood alcohol level of .349 (almost four and a half times the legal limit) at 8:29 pm. I am 5-foot-11 and 230 pounds, so I’m not exactly a small guy, which means that I probably had more than 14 shots. Based on the BAC calculator.

Thanks for letting me share my thoughts, Ohio OVI Blog. We should do this again sometime soon. (See this attached PDF to view the hour by hour breakdown of the alcohol in my system: OVI Blog – test)

The Ohio OVI Blog would like to thank our test subject and our good friends at Alternative Horizon Counseling for allowing us to experiment with the SCRAMx. The purpose of this bracelet is detect the presence of one drink, if you are assigned this bracelet you are not permitted to have any alcohol as the terms of your probation. Below is a little information about the SCRAMx works.

Technology

The SCRAM System uses an electrochemical fuel cell to detect alcohol. The fuel cell is the same one used in Drager’s Alco-test Breath Devices. At a predetermined interval, a pump in the bracelet pulls a controlled sample to the alcohol sensor for analysis. The amount of reaction of the fuel cell is interpreted and a Trans-dermal Alcohol Concentration (TAC) is calculated. This calculation is an estimation of the Blood Alcohol Concentration (BAC).

Tamper Technology is contained within the bracelet and is used to detect several different types of tampers; obstructions, removals, cut straps and damage. The technology used to detect removals and obstruction material is the Infrared (IR) sensor. Combination of the IR sensor, temperature sensor and the fuel cell voltage can be used to confirm obstructions and removals.

The IR sensor is used to make certain the bracelet is on the client and to detect materials being placed between the bracelet and the leg, potentially blocking the faceplate. The IR sensor, which is contained in the SCRAM bracelet, provides an IR beam between the bracelet and the leg of the client; the reflection of this beam is then measured in volts.

The temperature sensor monitors the bracelet temperature to detect possible tampers and removals. The temperature sensor is located in the bracelet, this impacted by the body’s warming effect and the environmental temperature.

Data Interpretation

The Trans-dermal Alcohol Concentration (TAC) readings are the black line and are represented on the scale to the left of the graph. The Infrared (IR) readings are identified on the light blue line and the temperature readings are displayed on the red line and represented by the scale on the right of the graph.

Confirmed Consumption

Alcohol detections confirmed as consumption identify the Blood Alcohol Curve and include both the presence of absorption to the peak with an absorption rate less than 0.05 percent per hour, and the presence of elimination with an elimination rate less than 0.025 percent per hour if the peak was less than 0.150 percent or less than 0.035 percent per hour if the peak is 0.150 percent or above.