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NOT GUILTY!

As I write this post I am overtaken with exhaustion and a great sense of relief and gratitude.  A Greene County jury has just returned verdicts of "NOT GUILTY" in the matter of State v. Kreitz. This was my first homicide case and I was convinced of the innocence of my client.  To prove his innocence I was aided by remarkable co-counsel Richard Brown and Mark Babb.  This case was laden with forensic science, accident reconstruction, DNA, foot print evidence and DUI scientific issues.  I would never have been able to navigate these issues without the help of Lee Edwards,...

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Beavercreek, Miami Valley Hospital and Frank Zink Field

I was raised with a strong sense of "giving back."  One of the most important ways that I have found to contribute to my community is by serving two terms on the Beavercreek City School Board.  My time on the board has been a time of great success for our schools and a time of sound financial management of our city's resources.  We have been an "excellent" school district each and every year I have served and have a list of academic awards and accomplishments that boggles the mind.  Recently, our success as a school district was noticed by Miami...

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Ohio OVI Law: State v. Ferry (headlights required)

On June 2, 2008, the 11th District Court of Appeals issued a decision in State v. Ferry, 2008-Ohio-2616.  The Defendant was stopped at 6:21 p.m. for not having his headlights on and was subsequently chared with a second offense DUI.  At issue was whether or not the Headlights Required statute (R.C. 4513.03) was vague.  The 11th District ruled that not only was the statute not vague, but that even if it were, the Defendant would not benefit from the exclusionary rule.Thanks to Jeff Meadows for keeping DUI attorneys up-to-date with his valuable...

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State Must Reform Seizure Procedure

Please visit www.thenewspaper.com; A federal appeals court ruled that Illinois must reform its car seizure rules to allow for due process.The US Court of Appeals for the Seventh Circuit earlier this month began to reexamine its stance on the expanding scope of property seizures in Illinois. A unanimous three-judge panel found that Chicago Police violated the federal Constitution in seizing automobiles without offering any opportunity for the accused to challenge the move for up to six months. This finding overturned a 1994 decision, Jones v. Takaki, in which the court sided with Chicago police officers who had taken Marcy Jones' 1990...

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Kettering DUI; Probable Cause vs. Reasonable Articulable Suspicion

I recently encountered a factual question in a case in the Kettering Municipal Court involving the reason that the officer stopped my client.  Below is the case law which sets forth the two standards used to justify a traffic stop in Ohio. Visit www.KetteringDUI.com for information about the Kettering Municipal Court. In State v. Moore, 2008-Ohio-2407, the 3rd District Court of Appeals reversed course on its prior decision in State v. Phillips, 2006-Ohio-6338and held that an officer had reasonable articulable suspicion to initiate a traffic stop when the Defendant's vehicle drifted approximately 1/2 a car width over the fog line and off the road...

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MADD Announces Goals

Image by alachia via FlickrThe Mothers Against Drunk Driving advocacy group has set an ambitious goal.  They want to be a nation with no drunk driving.  It also seems that they will stop at nothing to see this unlikely goal to fruition.  On their web site they have announced that within ten (10) years they will seek ignition interlock devises on all new cars. (Source: See 1 below).  They envision their lackies in the government and the insurance industry to help them implement this intrusion into our lives.  What makes this especially dishonest is...

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Name That Drug… from the DEA

Image via WikipediaCan you identify this drug?If you can't, and you need to, you can visit http://www.dea.gov/photo_library.html for a pretty impressive listing of commonly abused drugs.  The Photo Library is a service of the United States Drug Enforcement Administration.It is interesting to note that despite having a record of shameful futility in the "Drug War" the DEA proudly boasts "35 years of Excellence" on this site.  Imagine how good other parts of our world could be if we let these talented and proud warriors fight against a real enemy.  (By the way...

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MADD Pushes Ohio Toward Ignition Interlock Law

COLUMBUS, Ohio, May 9/PRNewswire-USNewswire/-- Mothers Against Drunk Driving (MADD) testified yesterday morning before Ohio's House Committee for Criminal Justice in support of lifesaving alcohol ignition interlocks. The Committee was considering Senate Bill 17, introduced by Senator Timothy Grendell (R-Chesterland) in 2007. This bill passed the Senate and, if signed into law, would strengthen Ohio's DUI laws. However, MADD believes there is a critical component missing -- a required period of alcohol ignition interlock use for all convicted drunk drivers.)"We applaud Senator Grendell for toughening our state's laws, but we believe his...

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Beavercreek, Ohio: A Great Place to Live

When I was three I moved to Beavercreek, Ohio.  When I was 20 years old I could not wait to get out of my home town.  After going to law school and seeing the world I could not wait to get back.  Beavercreek has shaped who I am and I am proud to be a citizen of Beavercreek, Ohio.  I serve my hometown by representing clients accused of drunk driving.  Beavercreek traffic stops, including OVI (operating a vehicle impaired, formerly DUI) are heard in the Fairborn Municipal Court.  If you need an attorney in Beavercreek contact Charles Rowland by visiting...

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Ohio State Highway Patrol Reports Safest Holiday on Record

COLUMBUS- The Ohio State Highway Patrol reports this Memorial Day holiday weekend was the safest on record for the past 38 years. Six people were killed in six crashes over the holiday weekend on Ohio roads. This is four fewer deaths than during the same period last year. Over the holiday weekend State Troopers arrested 650 impaired drivers and assisted 4,580 motorists.  “We are extremely encouraged by fewer fatalities this Memorial Day weekend. However, Ohioans need to focus on Motorcycle safety due to 33 percent of the fatalities being motorcyclists.” said Patrol superintendent, Colonel Richard H. Collins.If you find yourself in need of...

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