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DUI Articles

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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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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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Central Nervous System Depressants and Drugged Driving

CNS Depressants and Drugged Driving The category of CNS Depressants includes some of the most commonly abused drugs. Alcohol – the most familiar drug of all – is abused by an estimated 40-50 million Americans. Most Of Us DrinkSlightly more than half of Americans age 12 or older reported being current drinkers of alcohol in 2014 (52.7% of the population). This translates to an estimated 139 million people. Source: Behavioral Health Trends in the United States: Results from the 2014 National Survey on Drug Use and Health (NSDUH, September 2015)Depressants Are Widely AbusedDepressant drugs consistently rank among the most widely...

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Martin Luther King Jr. Day: A Call To Action

Martin Luther King Jr. Day - A Call To Action I am celebrating this Martin Luther King Jr. Day by joining my voice with the chorus who recognize the "War on Drugs" is a racist construct that must be concluded.  Our decades-old war on drugs is a racist conspiracy. It was designed to unfairly incarcerate blacks to profit government agencies and corporate America.   In an article in the Huffington Post, Dylan Ratigan and Russell Simmons wrote, "A Federal law passed in 1986 allowed law enforcement agencies to seize drug money, and use it to supplement their budgets. Grabbing cash connected to drugs...

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Central Nervous System Depressants

CENTRAL NERVOUS SYSTEM DEPRESSANTS - A PRIMER The category of Central Nervous System Depressants includes some of the most commonly abused drugs. Alcohol – the most familiar drug of all – is abused by an estimated 40-50 million Americans. Central nervous system agents are drugs that affect the central nervous system i.e. the brain and the spinal cord, and produce a response that could be used to alleviate or treat a particular medical condition. Central nervous system agents can be used as analgesics, anesthetics, anti-emetics, anti-convulsants, and have many more therapeutic uses.Slightly more than half of Americans age 12 or...

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Retrograde Extrapolation: The Rising Alcohol Defense

Retrograde Extrapolation: The Rising Alcohol Defense Retrograde extrapolation is the scientific and mathematical process used by chemists and toxicologists to estimate what a person’s blood alcohol content was at a specific time based on test results obtained at a later period of time. For the DUI case, it is used to determine whether or not a driver had a BAC of 0.08 or higher at the actual time of driving based on what the BAC was at the time of testing.Typically, we encounter retrograde extrapolation in cases where the collection of blood evidence is collected hours after the act of driving...

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Happy New Year from Dayton DUI

Here's a New Year's Wish from Charles Rowland and all of us at Dayton DUI. And ye, who have met with Adversity's blast, And been bow'd to the earth by its fury; To whom the Twelve Months, that have recently pass'd Were as harsh as a prejudiced jury - Still, fill to the Future! and join in our chime, The regrets of remembrance to cozen, And having obtained a New Trial of Time, Shout in hopes of a kindlier dozen.Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio.  He has the credentials and the experience to win your...

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Huber Heights DUI Lawyer Charles M. Rowland II – (937) 318-1384

HUBER HEIGHTS DUI LAWYER CHARLES ROWLAND - I CAN HELP! Huber Heights DUI lawyer Charles Rowland can help win your case. If arrested for misdemeanor OVI in Huber Heights, your Huber Heights DUI case will be in the Montgomery County Municipal Court (Eastern Division). Many refer to this court as the Huber Heights Municipal Court.  In fact, the court's jurisdiction is far larger. In addition to Huber Heights, it covers regions in north-east Montgomery County including the city of Riverside, Ohio. The Montgomery County Area Two Court is located at 6111 Taylorsville Rd., Huber Heights, OH 45424-2951. You can contact the...

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DUI Motion To Suppress – Appellate Challenges

DUI Motion To Suppress - Appellate Challenges There are three methods of challenging a trial court’s ruling on a DUI motion to suppress on appeal. First, an appellant may challenge the trial court’s finding of fact. In reviewing a challenge of this nature, an appellate court must determine whether the trial court’s findings of fact are against the manifest weight of the evidence. See State v. Fanning (1982), 1 Ohio St.3d 19, 437 N.E.2d 583; and State v. Klein (1991), 73 Ohio App.3d 486, 597 N.E.2d 1141.Second, an appellant may argue that the trial court failed to apply the appropriate test...

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Happy Holidays From All Of Us At DaytonDUI

From all of us at Dayton DUI, we wish you the happiest of the holiday season. Holiday messages - I always struggle with these  holiday messages. I want to be sincere (see the Longfellow quote). Yet, I do not wish to be overly sentimental (thus, the Muppet video). Then it occurred to me: There are always people who take the holidays a little too seriously. Others among us do not find time to see the beauty of the holiday season.  As my kids have grown, I found myself failing to see the magic and falling into the latter camp. That changed last...

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