14 April

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Fighting for Fairness in DUI Law

As anyone who follows this blog regularly knows, I have a deep and abiding hatred for the 1984 Ohio Supreme Court decision in State vs. Vega (1984), 12 Ohio St.3d 185, 465 N.E.2d 1303. Vega has come to stand for the proposition that an attorney may challenge the particulars of his client's evidential breath test, but the standards and practices of breath testing as determined by the Ohio Department of Health are sacrosanct and cannot be challenged in court. In this commentator's opinion, the Vega ruling allows junk science to become conclusive evidence (example: Ohio's adherence to a one-breath-test...

13 April

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Standardized Field Sobriety Tests: What to Expect

Posted by Dayton DUI

in Uncategorized

Here is a VIDEO explanation of the Standardized Field Sobriety Tests from a live drinking session conducted by the Daytona Police Department. Ohio DUI lawyer Charles M. Rowland has been certified in the administration and evaluation of the Standardized Field Sobriety Tests by attending the same National Highway Transportation Safety Administration class that is taken by law enforcement officers. If you find yourself in need of an aggressive DUI attorney, contact Charles M. Rowland II at www.DaytonDUI.com, by calling 937-318-1DUI (318-1384) or 1-888-ROWLAND. ...

12 April

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Rowland Earns Forensic Sobriety Assessment Certification

Posted by Dayton DUI

in Uncategorized

This month, Charles M. Rowland II was re-certified as Ohio's only DUI attorney credentialed in Forensic Sobriety Assessment. "FSA certification requires working knowledge of the scientific principles and research relating to sobriety testing in a DWI / DUI stop, including:The scientific literature on indications of intoxication such as red eyes and slurred speach NHTSA's Standardized Field Sobriety Tests (SFSTs) Testing concepts: Reliability and validity Diagnostic statistics: False positive rates, sensitivity, specificity, etc. Experimental design issues relevant to sobriety test studies Statistical concepts such as correlation, statistical significance, and effect size Visual science pertaining to the Horizontal Gaze Nystagmus (HGN) ...

11 April

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Radio Frequency Interference

Posted by Dayton DUI

in DUI Process

Image via WikipediaRadio frequency interference (RFI) or electromagnetic interference can arise when radio signals transmitted in proximity to a breath testing instrument are amplified in a way indistinguishable from electronic signals generated by the instrument during an analysis. Most instruments are shielded from such interference, have RFI detectors that prevent testing if significant RFI sources are present or both. Breath testing protocols typically prohibit the use of handheld transmitters in the proximity of the instrument while it is being operated (National Safety Council, 1992). Subject testing protocols that include the analysis of air blanks, known alcohol samples and agreement...

11 April

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Springfield Ohio DUI Information

Posted by Dayton DUI

in Ohio Cities, Ohio Counties

Image via WikipediaIf you have been arrested for OVI in Springfield, Ohio, your misdemeanor OVI case will be heard in the Clark County Municipal Court. If you need to find information about a case in the Clark County Municipal Court you can search HERE for case information/case look-up, or visit the court’s web site HERE.Charles M. Rowland II has represented the accused drunk driver in Springfield and the Clark County Municipal Court for over fifteen years. Charles Rowland dedicates his practice to...

10 April

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DUI and Your CDL (Commercial Drivers Beware)

Posted by Dayton DUI

in Drugs & Alcohol, DUI Law, DUI Process

Image via Wikipedia”But I was in my own car, on my own time!” If you have a commercial driver’s license an Ohio DUI charge can have devastating effects on your career. Often clients who hold a commercial driver’s license fail to understand that Ohio’s OVI laws can affect your livelihood even if you receive a drunk driving charge while you are not operating a commercial vehicle. If you plead guilty, or are found guilty, of an OVI (drunk driving) offense your commercial driver’s license will be taken away for one year. If you are a second-time OVI offender, an Ohio OVI will...

08 April

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DUI Court Process: The Stopping Sequence

Posted by Dayton DUI

in Uncategorized

You are driving home when you see a car following you closely. The car is acting unlike any other car you have ever encountered and you begin to wonder if you are in danger. At that point you see the flashing emergency lights and hear the piercing wail of a siren. You heartbeat begins to spike, your stomach sours with a flood of cortisol and your hands begin to sweat. Little do you know that the officer's DUI investigation has begun. The National Highway Traffic Safety Administration (hereinafter NHTSA) provides the training manual for law enforcement in detection of drunk drivers. ...

07 April

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What Does a “Lanes of Travel” or “Marked Lanes” Charge Mean?

Posted by Dayton DUI

in Uncategorized

Image via WikipediaA marked lanes charge is often a companion charge to a DUI/OVI offense. It is also a "cue" that the officer may look for based on his/her National Highway Transportation Safety Administration training. Many people believe that weaving, in and of itself, is both a crime and an indication of drunk driving. This article will demonstrate the Ohio law on these matters as they are most frequently charged (marked lanes; lanes of travel). Check your ticket and see if you have violated this law. Ohio Revised Code sec. 4511.25...

05 April

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Representing You in the Vandalia Municipal Court

Posted by Dayton DUI

in Ohio Cities

Vandalia DUI Attorney Charles M. Rowland II Can Help Did you know that you can petition on-line for driving privileges if you face an OVI charge in the Vandalia Municipal Court? Just visit the DRIVING PRIVILEGE PAGE of the Vandalia Municipal Court web page. You can also MAKE A PAYMENT on-line. Your misdemeanor DUI (now called OVI; operating a vehicle impaired) case will be heard by the honorable Cynthia M. Heck or by Vandalia Municipal Court's Magistrates, Bonnie Beaman Rice or Fred M. Izeson. The Vandalia Municipal Court is located at 245 James E. Bohanan Memorial Drive in Vandalia, Ohio and the...

01 April

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Driving Too Slow Not Sufficient for a Stop!

Posted by Dayton DUI

in DUI Law, DUI Process

Image via WikipediaIn State v. Bacher, 170 Ohio App.3d 457, 867 N.E.2d 864 (2007), an officer pulled over a suspect because he was driving 23 miles per hour below the posted speed limit of 65 miles per hour. Upon speaking to the driver, the officer noticed a strong odor of alcoholic beverage, pulled him from the car and subsequently arrested him for OVI. The trial court reasoned that the stop was an "investigative stop" and overruled the defendant's motion to dismiss.Upon appeal, the appellate court reversed the ruling of the trial court, holding that a stop is...

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