Ohio Takes Drugged Driving Very Seriously

A driver can be convicted of an Ohio OVI for driving under the influence of either alcohol or drugs alone, or in combination.

2013-01-11

January 11, 2013 (Press-News.org) Drugged driving is as dangerous as drunk driving, in that the effect of a drug on a driver's brain may impair him or her at a level that makes driving risky and even potentially lethal for him or herself, passengers, those in other vehicles, motorcyclists, bicyclists and pedestrians.

A recent example

In December, 2012, a Cortland, Ohio, man got five years in prison for his ninth felony conviction for operating a motor vehicle under the influence of alcohol or drugs, known as an OVI conviction. According to The Vindicator, he also pleaded guilty to the related misdemeanor of child endangerment for having a minor in his motor vehicle at the time of the OVI offense.

The conviction was for a September mishap in which he crashed his car while driving with a suspended license. As part of his sentence, he agreed to have his drivers' license suspended permanently, having already had 13 past suspensions.

Ohio OVI

A driver can be convicted of an Ohio OVI for driving under the influence of either alcohol or drugs alone, or in combination. In the Cortland case, the defendant had both an illegal blood alcohol level of almost 0.1 and a level of marijuana in his body that was almost four times greater than that which Ohio law recognizes as illegal for driving.

Marijuana is the most common illicit drug that drivers test for, according to the National Institute on Drug Abuse.

Zero tolerance

Ohio has enacted a variation of a so-called "zero-tolerance law" that applies to drug-influenced driving. A pure zero-tolerance law would automatically find criminal behavior if a driver got behind the wheel with even a trace of an illegal substance in his or her system. Similarly, Ohio's version says that if a driver tests for any of a number of listed drugs at a certain concentration level, he or she is presumed to be criminally under the influence of that drug for purposes of driving.

Drugs covered by the Ohio zero-tolerance OVI law include amphetamine, cocaine, heroin, LSD, marijuana, methamphetamine and phencyclidine.

Implied consent

Like other states, Ohio has an "implied consent" law providing that a condition of driving in the state is that a driver will allow chemical testing to determine whether he or she is under the influence of alcohol. This legal presumption also applies to drivers suspected of drugged driving and assumes they will consent to chemical testing for the presence of drugs in their bodies.

If a person refuses a chemical test of his or her bodily fluids, the officer may use "reasonable" means to "ensure" a blood test is done. Refusal of testing will cause license suspension and a reinstatement fee.

If you are arrested in Ohio for driving under the influence of a drug, consult an experienced criminal defense attorney who has handled such cases. He or she can advise you of your rights, conduct an investigation to gather evidence and start to build a defense for you.

Article provided by Probst Law Office, LLC
Visit us at www.probstlawoffice.com

ELSE PRESS RELEASES FROM THIS DATE:

Important Factors to Consider in Hiring a Business Litigation Attorney

2013-01-11

Your business provides your livelihood and presents your professional image and good reputation to the community. Through your business dealings, people learn about your expertise, ethics, talents, reliability and dedication to quality. In these dealings, you must make important decisions which ultimately affect your business profitability. These decisions are not always easy and sometimes result in disputes or disagreements, whether justified or not. So when serious conflicts arise in your commercial dealings they can threaten the integrity of your entire business operation. ...

Court Ruling May Affect Liability in Florida Rear-End Accidents

2013-01-11

Many assume that it is an easy proposition to assign fault after a rear-end crash; however, that is not always the case. In the past, Florida law generally presumed that the rear driver was liable for the causing the crash. A new Florida Supreme Court case opens the door for drivers to argue that the negligence of the lead driver was the actual cause or a contributing factor in a Florida car accident. The case at issue involved a 2005 three-car pileup in South Florida. The plaintiff in the case was driving the last car involved in the pile-up. She argued that the middle ...

San Antonio Bankruptcies Up in November 2012

2013-01-11

With the Great Recession now "officially" behind us, a lot of the public commentary is focused on how Americans' financial situations are slowly, but surely, improving. As nice as it sounds, this isn't the case for everybody. Too many households are still reeling from the economic crisis. This is as true in San Antonio as it is in the rest of the country. In fact, recently released statistics from the U.S. Bankruptcy Court for the Western District of Texas, which encompasses the San Antonio area, show that bankruptcy filings in November 2012 were 16.5 percent ...

Payday Loans Bring Post-Holiday Blues for Texas Borrowers

2013-01-11

Now that the holiday season has passed and 2013 is officially here, many Texans are trying to make good on their New Year's resolutions to get their finances under control. Unfortunately, for individuals who relied on payday loans, car title loans or other types of storefront lending to finance their holiday spending, this may be easier said than done. Payday loans offer a quick way for borrowers to get access to short-term loans, usually between $400 and $1,000. While these loans may not seem too costly at first, their strict terms and high fees can make them extremely ...

More Couples Using Technology to Co-Parent After Divorce

2013-01-11

When a couple with children breaks up, the drama doesn't stop once the divorce is finalized. Depending on the age of the children, the parents will have to work together as co-parents for years or even decades. Unsurprisingly, the co-parenting relationship is the source of a lot of stress for many divorced couples in Georgia. After all the acrimony of the divorce, couples often find it hard to work together. At the same time, though, they are conscious of their divorce's impact on their children and want to avoid fighting in front of their kids. Increasingly, these ...

Some Homeowners Policies May Put Limits on Coverage for Dog Bite Claims

2013-01-11

According to the Insurance Information Institute, dog bite claims account for more than a third of all homeowners insurance liability claims. In 2011, insurers paid out approximately $479 million on these claims, an increase of 16 percent from the previous year. When a dog bites someone, it is only fair that the victim receive compensation for his or her injuries. Normally, the dog owner's home insurance policy covers expenses related to bite claims. The costs are not insubstantial: according to the Insurance Information Institute, the average dog bite claim payout in ...

Take Control of Your Financial Future, Avoid Debt Settlement Companies

2013-01-11

As we begin a new year, many people in Texas and across the country who are struggling to escape increasing debts will make efforts to start fresh in 2013. Many will turn to reputable sources, such as attorneys, to receive advice on the best course of action for their specific situation. Unfortunately, though, many others will see hope in false promises made by debt settlement companies. For these people, although their intention may be to become debt free in 2013, debt settlement scams may actually leave them in a worse position than where they started. The National ...

Washington's State Prosecutors Taking a Closer Look at Warrantless Searches

2013-01-11

Most people assume that since the Fourth Amendment to the U.S. Constitution prevents "unreasonable search and seizure," they are protected against having their person or property searched without a warrant. That assumption is wrong, however, and Washington law enforcement has been heavily relying on a 1971 law designed to ferret out organized criminals to gather evidence about run-of-the-mill defendants. When an Associated Press news story shined light on the practice of "special inquiries," the state's association of prosecuting attorneys decided ...

New Software Helps Reduce Emergency Room Errors

2013-01-11

The fast-paced environment of an emergency room creates situations in which errors are more likely to happen than in the rest of the hospital. Noise, an influx of patients exceeding the hospital's resources, lack of communication and other factors can cause mistakes, including medication errors, treatment errors and discharge errors. Many of these errors are insignificant and go unnoticed, but emergency room errors can have serious repercussions ranging from discomfort to fatality. Hospitals seek to minimize emergency room errors through software advances According ...

New Report on the Connection Between College Student Arrest History and Job Acquisition

2013-01-11

The Orlando Sentinel quoted the senior DJJ official about the report that was released. "While these numbers continue to move in the right direction, there is much work to be done to reduce unnecessary arrests in our schools," DJJ Secretary Wansley Walters said in a statement. "Misdemeanors accounted for 67 percent of all school-related arrests and 51 percent of schoolchildren were arrested last year for their first offense. Youth who act up at school should not be referred to DJJ for 'punishment,' forcing them to enter the juvenile justice system needlessly." Though ...

One of the largest studies on preterm birth finds a maternal biomarker test significantly reduces neonatal morbidities and improves neonatal outcomes

One of the largest studies of its kind finds early intervention with iron delivered intravenously during pregnancy is a safe and effective treatment for anemia

New Case Western Reserve University study identifies key protein’s role in psoriasis

[Press-News.org] Ohio Takes Drugged Driving Very Seriously
A driver can be convicted of an Ohio OVI for driving under the influence of either alcohol or drugs alone, or in combination.

Ohio Takes Drugged Driving Very Seriously

ELSE PRESS RELEASES FROM THIS DATE:

LAST 30 PRESS RELEASES: