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Mark Alan Deters

Mark Deters’s Legal Guides

8 total

  • How can some employers still see expunged convictions, when performing a background check?

    I spoke with a potential client recently, whohad an M-4 Domestic Violence Threat charge that he hadexpunged fromhis criminal record. The clientchecked the local county records and the conviction was offhis record.His priorlawyer toldhim to wait 6 to 8 weeks so the paperworkcould...

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  • Portable Breath Testing (PBT) in Ohio: Why the PBT is NOT coming in at TRIAL

    The POLICE use the PBT as a sword and as a shield. But, SO DOES THE DEFENSE! The PBT is NOT COMING IN at trial. WHY?First, If you blew (horribly) over the limit on the PBT, chances are that your learned OVI Defense Attorney would correctly seek to exclude those results from being...

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  • What are Police Officers looking for to ACCUSE you of Impaired Driving, DUI, DWI, or OVI?

    The police officers training based on the National Highway Traffic Safety Administration (NHTSA) requirements and the Ohio Peace Officer Training Academy (OPOTA) divides the impaired driving arrest into three different phases: (1) Vehicle in Motion is the first thing police offi...

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  • Ohio Police now trained through special course "Driving While Impaired Criminal Enforcement"

    Alcohol related traffic crashes have increased in the State of Ohio over the last five years. To address the need for proficient OVI enforcement, the Columbus Division of Police has developed a five-daycourse (40 hours) instructed by sworn personnel of the Traffic Bureau. The"D.I...

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  • Why would the police take you off camera for the DUI Field Sobriety Tests?

    There is great reason for the Troopers to take you off camera: FOR THE TROOPER'S BENEFIT IN COURT! SO HE DOES NOT LOSE AT TRIAL! Any OVI (DUI) Defense Attorney will tell you that if there is video, it will most likely benefit the Defense, NOT THE COPS! Surprising, you say!? Its t...

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  • Consequences of an OVI ( DUI ) for a Teacher, Principal, Superintendant licensed by Ohio Dept. Ed.

    There are those that think an OVI ( DUI ) will not affect the licensure of a professional, licensed by the Ohio Department of Education. BUT - Think again! I recently litigated a case, where an individual licensed by the Ohio Department of Education as a Teacher and an Administr...

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  • Can Counsel Ethically Advise Clients to Refuse a Chemical Test with the Consequences of R.C. 4511.19

    With holiday parties in full-swing, many of us will get called upon to answer the question: "So, if I get pulled over for a DUI (a.k.a. OVI), should I take the breath test or refuse it?" The answer to that question is simple from an OVI defense practitioner's standpoint: It is al...

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  • When a signed waiver of counsel may not be sufficient to enhance an OVI to a felony

    Was there a colloquy, and was it sufficient? Prior to a valid waiver of counsel, the court “must make sufficient inquiry to determine whether defendant fully understands and intelligently relinquishe

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