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DUI Articles

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Traffic Stops and the 4th Amendment

What do you know about the 4th Amendment? You don't have to be a 4th Amendment scholar to protect yourself in a traffic stop scenario. In any given traffic stop, with a few notable exceptions, the below rules will help protect your civil rights and improve your chances of driving away safely—so you don't have to be a legal expert to say and do the right thing.1) Keep Your Private Items Out of View This is common sense: Always keep any private items that you don't want others to see out of sight. Legally speaking, police do not need a search warrant in...

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Non-Compliance Suspension?

 NON-COMPLIANCE SUSPENSION What is a non-compliance suspension? Any driver and/or owner who failing to show proof that they had automobile insurance in effect at the time of an accident/offense/random selection will lose his/her driving and registration privileges for a maximum of two years.  This suspension will stand until the following requirements are met:Carry a certificate of insurance (SR-22/bond) for three years Pay a reinstatement feeIf you get a second non-compliance offense, the penalty is increased. The penalty for a second non-compliance offense in a five-year period is a one-year suspension. The suspension stands until the following requirements are met:Serve one-year...

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Don’t Plead Guilty? Talk With Dayton DUI Before You Make A Mistake!

Don't Plead Guilty! Talk To Charlie  Do you think that you are guilty? Do you just want to "get it over with." Do not plead guilty 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 awayJail –...

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

Charged with a Miamisburg DUI? What You Need to Know. 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 DUI (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 DUI lawyer. In addition, I was a municipal court prosecutor, a mediation judge and a special prosecutor in DUI cases. What's more, I received certification on...

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Boating DUI on the Water and the Return of Boating Season

With the return of the summer boating DUI 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 DUI 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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Miamisburg OVI Lawyer Charles M. Rowland II (937) 318-1384

Do You Need A Miamisburg OVI Lawyer? Read the Guide. A first offense Miamisburg OVI is defined at O.R.C. 4511.19 as a OVI with no priors within 10 years.  A first offense OVI 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 the Miamisburg OVI law.  Ohio has also created a per se “high-tier” limit of .17% BrAC, sometimes referred to as a SUPER-OVI.  The per se high-tier limits for a first...

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Annie’s Law Goes Into Effect

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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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?   Watch our video explanation about what the physical control option is and what it means for your case.   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...

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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.You can learn more about driving and Marijuana laws in this video.  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...

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