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Springfield DUI Lawyer Charles M. Rowland II (937) 318-1384

Do You Need A Springfield DUI Lawyer? A first offense Springfield DUI is defined at O.R.C. 4511.19 as a DUI with no priors within 6 years.  A first offense DUI can be charged in three ways.  The first charge is caused by testing over the legal limit of .08% B.A.C. (example O.R.C. 4511.19(A)(1)(d)).  These types of offenses are also referred to as “per se”  violations. A second way to be charged is for violating the high-tier provision of Ohio’s DUI law.  Ohio has also created a per se “high-tier” limit of .17% BrAC, sometimes referred to as a SUPER-DUI.  The per se high-tier limits for a first offense DUI are set...

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Annie’s Law Goes Into Effect In April

On April 4th, Annie's Law will go into effect. Annie's Law Gets Harsh! This law is the latest in Ohio's ever harshening "war" on drunk drivers. For years, MADD and their partners at the National Highway Traffic Safety Administration have been laying the groundwork for universal ignition interlock devices. Their "DADDS" system would require every car manufactured to be equipped with sensors. If the driver attempts to start the car and has some alcohol on their breath, it does not allow the car to start.  While this is still their objective, public opinion is very against this idea.  MADD was handed a...

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Boating OVI -DUI on the Water and the Return of Boating Season

With the return of the summer boating OVI season, many people will soon be enjoying Ohio's beautiful lakes and rivers.  This is a reminder that Ohio is cracking down on captains who indulge in alcohol while on the water.   Boating OVI And The LAW Boating Under the Influence is illegal in Ohio. 2001 Sub. S.B. 123, eff. 1-1-04 sought to unify the drunk driving provisions with Ohio's boating laws.   O.R.C. 1547.11(A)(1)  to O.R.C. 1547.11(A)(6) prohibit a person from operating or being in physical control of a vessel underway or manipulating water skis, aquaplanes, or similar devices while under the influence of alcohol or...

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Thinking of Pleading Guilty? Talk With A Skilled DUI Attorney First!

How Can Having A Skilled DUI Attorney Help?  Do you think that you are guilty? Do you just want to "get it over with." Do not do this without speaking with a DUI attorney! We speak with people all the time who find themselves in terrible position. Motivated by shame and humiliation, they appear in court and let the court sentence them without the benefit of counsel. Drunk driving charges are one of the most serious charges prosecuted in a municipal court and carry tough mandatory sanctions. Here are just some of the reasons to talk with Charles M. Rowland II right...

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“Weed Day” How Did 420 Get It’s Name?

April 20th is Weed Day. I am fascinated by the origin of the term "420" and how it became associated with marijuana.  There are as many stories about its origin as there are people you ask.  Just a short search on Google leads to the following "Weed Day" origin stories. It’s the number of active chemicals in marijuana. It’s teatime in Holland. It has something to do with Hitler’s birthday. It’s those numbers in that Bob Dylan song multiplied. It was like a police code for smoking in progress or something. In 2003, when the California Legislature codified the medical...

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No, A Physical Control Does Not Count As A “Prior Offense”

We get this Physical Control Question Quite a Bit! Answer: No! Physical Control does not count as a prior offense. What Is Physical Control? Physical Control (Under the Influence) [ORC 4511.194]  is a 1st degree misdemeanor traffic offense.  Because it is considered a non-moving offense, it carries zero (0) BMV points. It is defined as being in the driver's position of the front seat of a vehicle and having possession of the vehicle's ignition key while under the influence alcohol or drugs, but not actually operating the vehicle.  The elements of the offense? You are drunk and in control of a car.  An...

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Medical Marijuana Rules Proposed

As frequent followers of this page, you know that the medical marijuana regulations are now being developed. Here are the highlights from the proposed rules and regulations. Read the full list HERE. Patients wanting to use medical marijuana in Ohio's new program would have to pay a $50 annual fee for their membership card. The fee would be $25 for veterans or people who receive federal disability benefits. Caregivers and patients would register with the Ohio State Board of Pharmacy and receive an ID card to buy marijuana at retail dispensaries. The registration will likely take place at your doctor's office. ...

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Civil Asset Forfeiture Reform Is Law (We Win!!!)

Civil Asset Forfeiture Reform Is Law In Ohio! Ohio improves the law on civil asset forfeiture. HB 347, passed the legislature and signed by the Governor, received little fanfare. However, it represents a major victory for those of us who have fought to prevent this disastrous practice. The new law will generally require a criminal conviction before seizing property under $15,000. The law also shifts the burden. When property is seized, it shifts the burden of proof from the property owner to the government. This is a huge improvement. It increases the level of proof required before seizing property. Another important aspect of the...

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Defending Your Miamisburg OVI Charge – Call (937) 318-1384

Charged with a Miamisburg OVI? I am proud of the hard work I did for clients in the Miamisburg Municipal Court. Since 1995, I have appeared on behalf of the accused drunk driver. For most of those years, my practice has been dedicated exclusively to OVI (drunk driving) defense. Please visit the biography/credential pages of this blog to learn more about my experience.  I am uniquely qualified to be your Miamisburg OVI lawyer. In addition, I was a municipal court prosecutor, a mediation judge and a special prosecutor in OVI cases. What's more, I received certification on the BAC DataMaster and the...

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Rule Number One For Ohio OVI Attorneys – Rule 1.1

An Ohio OVI attorney's number one rule is set forth in our ethical rules. It sets the standard for what you should expect. AMERICAN BAR ASSOCIATION MODEL RULES OF PROFESSIONAL CONDUCT Rule 1.1: CompetenceClient-Lawyer Relationship A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. There it is! An Ohio OVI attorney must provide competent representation to a client. The Commentary to Rule 1.1 states: In determining whether a lawyer employs the requisite knowledge and skill in a particular matter, relevant factors include the relative complexity and specialized nature of...

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