a

Facebook

Twitter

Copyright 2019 Dayton DUI.
All Rights Reserved.

9:00 - 17:00

Our Opening Hours Mon. - Fri.

Facebook

Twitter

Search
OVI Menu
 

DUI Articles

High moral and ethics standards.

Protecting Your Ohio Driver’s License After Your OVI Case

Dealing with the Ohio Bureau of Motor Vehicles can be a nightmare. So, you will want to avoid problems before they rear their ugly heads. Don't worry! You can make this as painless as possible by following these simple rules. 1. Make sure the BMV knows how to reach you. The burden is upon you to notify them of any address change. Courts will accept their statement that they sent you information at your last known address as valid even if you did not get it. You can apply for an address change on line here.2. Make sure the court knows...

Continue reading

DUI Science: a list of studies related to DUI/OVI

Alobaid, TA. Hill DW. Payne JP. "Significance of variations in blood: breath partition coefficient or alcohol." British Medical Journal. 2(6050), 1976 Dec 18: 1479-81.ASTM E 177-90a, "1999 Annual Book of ASTM Standards: Section 14 General Methods and Instrumentation", Standard Practice for the Use of the Terms Precision and Bias inASTM Test Methods, ASTM, West Conshohocken, PA, 1999, pp.39-50. Reference Target Vapor Mean Solution Concentration Intoxilizer SD RSD g/ l 00ml g/210L Response g/210L 0.025 0.020 0.020 0.001 6.2%  .139 0.110 0.117 0.004 3.3% 0.254 0.210 0.212 0.005 2.4% 0.369 0.305 0.303 0.008 2.6% 0.486 0.400 0.397 0.019 4.7% Breath Alcohol...

Continue reading

The DUI Exception to the Constitution

"But I thought I had a right against self-incrimination," the very bright college student said to me as we were discussing his arrest for DUI (now called OVI).  "Why do I have to take a chemical test if I know it will incriminate me?" "Well,"  I said, "the Fifth Amendment does not apply to DUIs." The look of disbelief still firmly in place he pulls a copy of the constitution given to him at orientation and reads the plain language from the Bill of Rights. "How can they get around that?"  The answer can be found at South Dakota v. Neville 459...

Continue reading

Reckless Operation and Traffic Rule 10(D)

Traffic Rule 10(D), Traffic Rule 2 And Your Reckless Op Is your case a "traffic case?" Traffic Rule 10(D) is the controlling statute.Reckless operation is defined at Revised Code 4511.20. It reads, Operation in willful or wanton disregard of the safety of persons or property.(A) No person shall operate a vehicle, trackless trolley, or streetcar on any street or highway in willful or wanton disregard of the safety of persons or property.(B) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted...

Continue reading

Drunk Driving and Jurisdiction

Client: I was stopped by a Beavercreek Police Officer, but I was outside of Beavercreek.  I had crossed into Fairborn.  Will my case be dismissed?Many people (including attorneys) have the mistaken belief that an officer may only effectuate a traffic/DUI stop in his or her own jurisdiction.  The Ohio Revised Code, section 2935.03 provides that not only may an officer arrest within the jurisdiction, but may also do so outside of the limits in certain circumstances.  DUI, as a first degree misdemeanor offense, is such a circumstance.  My own 2nd District Court of Appeals, in State v. Cox, 1999 WL 980345,...

Continue reading

DUI Offense? Beware Travel to Canada

Canadian law, specifically the Immigration and Refugee Protection Act, R.S.C., ch 27 para 36 (2001), may bar entry into Canada for any person convicted of a DUI.  The exception may last five years from the date of sentence and may require the person seeking admission to satisfy the Minister of Immigration that rehabilitative measures have been taken. Id. at pt.3, paras 17 and 18 (2002).  If you are granted entry the temporary resident permit can be cancelled at any time. Id. at ch. 27, para 24(1)(2001).  Further, a person issued a temporary residence permit is required to be examined upon...

Continue reading

DUID, Driving Under the Influence of Drugs

"When compared to alcohol, cannabis is detected far less often in accident-involved drivers.  Drummer et al. (2003) cited several studies and found that alcohol was detected in 12.5% to 79% of drivers involved in accidents.  With regard to crash risk, a large study conducted by Borkenstein, Crowther, Shumate, Zeil and Zylman (1964) compared BAC in approximately 6,000 accident-involved drivers and 7,600 nonaccident controls.  They determined the crash risk for each BAC by comparing the number of accident-involved drivers with detected levels of alcohol at each BAC to the number of non-accident control drivers with the same BAC.  They found that...

Continue reading

Non-Compliance Suspension

What Is A Non-Compliance Suspension? A non-compliance suspension stems from failing to show proof of insurance at the time of an accident or traffic offense, failure to pay a court ordered judgment, or from those wonderful random letters seeking verification of your insurance status. These suspensions run ninety days for the first offense, one year for the second, and two years for each offense thereafter for each offense committed within a five year period.In addition, the revised code staggers the reinstatement fee and the ability to obtain limited driving privileges. Pursuant to R.C. 4503.232, 4510.52 and 4510.53 all driver licenses, CDLs and...

Continue reading

Working Hard to be the Best DUI Attorney in Ohio

At least until September, I am the only Ohio attorney certified on the newest version of the BAC DataMaster and the Intoxilyzer 8000.  Couple this with the fact that my National Patent training included the new DataMaster DMT, and I am fairly confident in my ability to understand your breath test and apply the best scientific defense available.  I am busting my ass to be the best DUI attorney that I can be.  If you want an attorney who will work amazingly hard to win your case, contact me today at 937-879-9542 or 1-888-769-5263. ...

Continue reading

Rowland Honored With Education Award

Rowland Honored With Public Education Award I wish to express my gratitude to the Beavercreek Chamber of Commerce. The entire school board earned recognition with its PUBLIC EDUCATION AWARD.  It means a lot to me because it recognizes the committment that the board made to the schools.  What's more, the recognition from the Ohio Senate (Steve Austria) and from the Ohio House of Representatives (Kevin Dewine) has a special meaning given their committment to making our community better.  Thank you all and thank the Chamber of Commerce for this special honor.I am not the first Rowland honored to be associated with...

Continue reading