PRESS-NEWS.org - Press Release Distribution
PRESS RELEASES DISTRIBUTION

"No Refusal" Programs: Will Mandatory DUI Blood Draws Come to Ohio?

While not yet widespread in Ohio, the practice of mandating blood tests for DUI or OVI looks like another example of law enforcement ignoring suspects' constitutional rights.

2011-01-31
January 31, 2011 (Press-News.org) "No Refusal" Programs: Will Mandatory DUI Blood Draws Come to Ohio?

In December of 2010, U.S. Transportation Secretary Ray LaHood lent his support to an increasingly popular practice: using search warrants to compel blood draws from alleged intoxicated drivers who refuse to submit to breath tests. "I applaud the efforts of the law enforcement officials who have pioneered the 'No Refusal' approach to get drunk drivers off our roads," LaHood said in a released statement.

Nine states, including Texas, Illinois, Arizona and Florida, have adopted "no refusal" programs. Ohio remains a "home rule" state, meaning that implementation of the practice is up to local jurisdictions. Columbus and Westerville are two areas in the state that have imposed such measures on local citizens and visitors.

But a representative of the Hamilton County sheriff's department said that such programs have never been considered, and Cincinnati Police Chief Tom Streicher took a cautionary tone when discussing the requirement of blood tests against a citizen's will. "What expense do we want people to go to to try to get evidence or blood or urine?" he told WLWT-TV.

In some states, the program is implemented via high-profile no-refusal weekends during which judges are standing by to issue judicial determinations of probable cause. Such legal shortcuts would fail to meet the legal standard in 20 states, but the National Transportation Safety Board is confident that it can convince other states to put such draconian programs in place to discourage breath-test refusal and expedite convictions.

Overzealous Enforcement and Overreaching for Evidence: DUI Lawyers Protect Citizens' Constitutional Rights

The practice of mandating blood tests has been cited in some jurisdictions as another example of law enforcement run amok at the expense of suspects' constitutional rights. A federal class action suit recently filed in Illinois alleges violations of both the state and U.S. constitutions, and such issues as an individual's Fourth Amendment right against unreasonable search and seizure would seem a likely point of contention.

The penalties for refusal are already severe. Refusing to submit to a breath test in Ohio will lead to an automatic license suspension (ALS) of one year for a suspect with no previous record, and this penalty increases for those facing second, third or fourth offenses. If a driver refuses to submit to testing, he or she is still subject to even harsher penalties if found guilty of DUI or OVI based on officer testimony and other evidence.

All of this makes it sound like the cards may be stacked against a driver who is charged with drunk driving. That is why the value of hiring an experienced criminal defense lawyer must be considered by everyone who faces such charges. An aggressive DUI attorney can look at all of the circumstances to assess whether law enforcement violated a client's rights or made critical mistakes that overstated the likelihood of guilt.

Article provided by Rittgers & Rittgers
Visit us at www.rittgers.com


ELSE PRESS RELEASES FROM THIS DATE:

Controversy Surrounding "No Refusal" Policy for DUI Suspects

2011-01-31
Controversy Surrounding "No Refusal" Policy for DUI Suspects Traditionally on New Year's Eve partygoers like to have a champagne toast to ring in the next year. For many, celebrations and drinking with friends and family continue long into the evening. In Utah, those individuals that were pulled over on New Year's Eve for suspicion of DUI were met with an unwelcome surprise: a "no refusal" policy. According to statistics from the National Highway Traffic Safety Administration slightly over 20 percent of drunk driving suspects refuse to take breathalyzer tests. A ...

NTSB Recommends Mandatory Helmet Laws for Motorcyclists

2011-01-31
NTSB Recommends Mandatory Helmet Laws for Motorcyclists For the first time in 12 years, motorcycling fatalities in the United States declined in 2009. While the reasons for the decline are not known, worsening economic conditions causing fewer new riders, fewer miles ridden, and casual riders selling their motorcycles have been cited as possible supporting factors. Yet, while the drop in deaths of approximately 10 percent is certainly a step in the right direction, many experts felt that the numbers had nowhere to go but down after a particularly steep 5-year climb. ...

GMAC Mortgage Don't Quit

2011-01-31
GMAC Mortgage Don't Quit It's a "Foreclosure Machine," says Attorney Imagine making monthly mortgage payments and never missing a payment - not one, and never late - yet home foreclosure is nonetheless attempted by various mortgage lenders on three separate occasions. That's what happened to Ohio couple Michael and Pamella Negrea. The Negreas' mortgage took quite a journey, as have many other homeowners' mortgages, starting in 1998 after the Negreas refinanced their home. The mortgage was sold to Advanta Mortgage, then Nation's Credit, then Homecomings Financial. Fairbanks ...

Saving Money During a Divorce - Easing the Financial Pain

2011-01-31
Saving Money During a Divorce - Easing the Financial Pain Going through a divorce takes time, patience, and money. In this article, we'll discuss methods to help ease the financial burden of divorce. By using some of our recommendations, you'll save money and ease the pressure on your pocketbook. Save money by working out agreements in advance. Are you and your spouse still communicating? If you can engage in productive discussions about property division, child custody arrangements, parenting time schedules, child support obligations, and even spousal maintenance, ...

Antilock Braking on Big Rigs

2011-01-31
Antilock Braking on Big Rigs Defective brakes and other components are often cited as the cause or a contributing factor in truck accidents involving big rigs. According to data collected on fatal commercial motor vehicle crashes in Michigan from 1996 to 2001 by the Fatal Accident Complaint Team (the FACT program), brake problems were found in 32.7 percent of trucks. A recent study released by the National Highway Traffic Safety Administration (NHTSA) indicates that the use of antilock braking systems (ABS) on the tractor units of air-braked tractor-trailers resulted ...

Virtual Visitation: Divorced Parents Use Technology to Bridge the Distance

Virtual Visitation: Divorced Parents Use Technology to Bridge the Distance
2011-01-31
There are many reasons why a parent would relocate to another community or even another state. With the economic challenges that many people face today, it is not unusual for a parent to cite employment opportunities as the primary reason for the move. Whatever the reasons, when the parent with primary physical custody of the child chooses to relocate out-of-state, or plans to move 100 miles away within Arizona, a 60-day notice of the proposed move must be given to the other parent who can then petition to prevent the relocation of his or her child. When the custodial ...

Corcentric To Exhibit at the Automotive Aftermarket Industry Association's 10th Annual Aftermarket eForum

2011-01-31
Corcentric, a leading provider of accounts payable and receivable automation solutions for the automotive aftermarket sector, today announced they will host a booth at the Automotive Aftermarket Industry Association's (AAIA) 10th annual Aftermarket eForum. This virtual conference will take place on Wednesday, February 2, 2011 from 9:30 AM - 6:30 PM EST. Corcentric specializes in providing companies in the automotive aftermarket industry with payables automation and internet parts ordering solutions. Corcentric's virtual tradeshow booth will feature the latest in payables ...

1099 R Forms : 2010 1099-R Software Helps Businesses Meet IRS 1099-R Mailing Deadline By Providing Tools to Print and E-File 1099 Retirement Forms in 2011

1099 R Forms : 2010 1099-R Software Helps Businesses Meet IRS 1099-R Mailing Deadline By Providing Tools to Print and E-File 1099 Retirement Forms in 2011
2011-01-31
Real Business Solutions, a leading provider of 1099 printing software, announced today that its 1099-R software is now available for immediate purchase and download from its website at www.W2Mate.com. The state of the art W2 1099 program can be used by corporations, small businesses, accounting firms, and 1099 service providers to manage the whole cycle of preparing 1099-R forms including typing, importing, modifying, validating, printing and electronically submitting 1099-R forms. A FREE 1099 Software Demo can be downloaded by visiting the 1099 software page or going ...

National Relapse Prevention Institute Honors JR Bittleman

2011-01-31
N.R.P.I. Achievement Award 2010 From Addict to Advocate The Remarkable Odyssey of J. R. Bittleman These days, news items on recovery and repentance appear on a basis that can only be called "sadly frequent." Yet of all the ascents to a life worth living, none is as inspiring - or as unlikely - as the steep climb taken by J.R. Bittleman. This former drug addict, convicted of fraud, delivery of cocaine, auto theft, forgery, grand theft, scheme to defraud and numerous other crimes in multiple states, has proven change is possible. Today, as Work & Substance ...

Wage Garnishment Becoming More Frequent Effort of IRS But Blue Tax Prevails

2011-01-31
Wage garnishments by the IRS are becoming more and more prevalent as the IRS becomes increasingly aggressive in pursuing tax debts in this struggling economy. The Blue Tax team of highly trained and experienced attorneys recognizes this and has perfected an effective technique to combat these garnishments for their clients. An example being Blue Tax client Ms. Avril J. (Alexandria, VA) who came to the tax consultation offices with a tax debt of over $62,000 and a wage garnishment. She was in non-compliance and now was forced to address her tax debt due to the garnishment. ...

LAST 30 PRESS RELEASES:

Symptoms of long-COVID can last up to two years after infection with COVID-19

Violence is forcing women in Northern Ireland into homelessness, finds new report

Latin American intensivists denounce economic and cultural inequities in the global scientific publishing system

Older adults might be more resistant to bird flu infections than children, Penn research finds

Dramatic increase in research funding needed to counter productivity slowdown in farming

How chemistry and force etch mysterious spiral patterns on solid surfaces

Unraveling the mysteries of polycystic kidney disease

Mother’s high-fat diet can cause liver stress in fetus, study shows

Weighing in on a Mars water debate

Researchers ‘seq’ and find a way to make pig retinal cells to advance eye treatments

Re-purposed FDA-approved drug could help treat high-grade glioma

Understanding gamma rays in our universe through StarBurst

Study highlights noninvasive hearing aid 

NASA taps UTA to shape future of autonomous aviation

Mutations disrupt touch-based learning, study finds

Misha lived in zoos, but the elephant’s tooth enamel helps reconstruct wildlife migrations

Eat better, breathe easier? Research points to link between diet, lung cancer

Mesozoic mammals had uniform dark fur

Wartime destruction of Kakhovka Dam in Ukraine has long-term environmental consequences

NIH’s flat 15% funding policy is misguided and damaging

AI reveals new insights into the flow of Antarctic ice

Scientists solve decades-long Parkinson’s mystery

Spinning, twisted light could power next-generation electronics

A planetary boundary for geological resources: Limits of regional water availability

Astronomy’s dirty window to space

New study reveals young, active patients who have total knee replacements are unlikely to need revision surgery in their lifetime

Thinking outside the box: Uncovering a novel approach to brainwave monitoring

Combination immunotherapy before surgery may increase survival in people with head and neck cancer

MIT engineers turn skin cells directly into neurons for cell therapy

High sugar-sweetened beverage intake and oral cavity cancer in smoking and nonsmoking women

[Press-News.org] "No Refusal" Programs: Will Mandatory DUI Blood Draws Come to Ohio?
While not yet widespread in Ohio, the practice of mandating blood tests for DUI or OVI looks like another example of law enforcement ignoring suspects' constitutional rights.