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Is It A Crime To Refuse To Take A Breath Test?

Is it a crime to refuse to take a breath test? Ohio has adopted O.R.C. 4511.19(A)(2) which makes it a crime to refuse to take an evidentiary chemical test if you have a prior OVI (drunk driving)  or OVUAC (juvenile/underage drunk driving) conviction any time within the last twenty (20) years.  If you refuse and you have a prior within twenty (20) years then the penalties for your OVI offense will be double the mandatory minimum. (See generally the "Penalties" section of the DaytonDUI blog).Professional drivers who refuse to take a breath test face a separate crime if they do not...

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Rowland To Train As Drug Recognition Expert

Later this month, Charles M. Rowland II will receive certification in the latest techniques of the Drug Recognition Expert protocol now being used across the nation.  Rowland will be among the first attorneys in Ohio to receive this certification which will make him uniquely suited to defend drives accused of driving while impaired by illegal or prescription drugs."More and more, we are seeing an increase in drug trafficking cases. The Ohio State Highway Patrol has become much more aggressive in using a traffic stop as a pretense to do an extensive search for illegal drugs," Rowland said.  These stops frequently...

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Beavercreek OVI Checkpoint (At The Greene)

There will be a Beavercreek OVI checkpoint tonight beginning at 11 p.m. along Indian Ripple Rd in front of the Greene.  Aggressive saturation patrols will also accompany the checkpoint.Stay ahead of the checkpoints! If you want to receive updated information on sobriety checkpoints, enhanced traffic enforcement, saturation patrols and other important developments that affect you, sign up for text alerts on the main page of this blog. Text alerts will be sent directly to your mobile device/smartphone in the location you choose in the Miami Valley. This service is free and available to the general public.You can also put DaytonDUI...

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Symbolism in the Modern American Courtroom

This article will address some of the common symbolism found in the modern American courtroom and answers common questions such as,  why does a judge wears a black robe?  Why is the judge's bench elevated?  This article will address some of the traditions and symbolism present in a typical American courtroom.  It is important that we remind ourselves of the symbolism because “[c]eremonial ritual achieves its power over the human mind and heart through the manipulation of symbols” Goodsell, Charles T. The Social Meaning of Civic Space: Studying Political Authority through Architecture. Lawrence, Kansas: University of Kansas Press, 1988. Print.In America,...

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Vandalia DUI? Call Charles M. Rowland II

Vandalia DUI attorney Charles M. Rowland II regularly appears in the Vandalia Municipal Court representing the accused drunk driver.  He has established both www.VandaliaDUI.com and www.VandaliaOVI.com to help you access court services and learn about services provided.  Access to the court concerns cases arising anywhere in the Cities of Vandalia, Englewood, Clayton, Union and the Townships of Harrison and Butler.Vandalia DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Vandalia and throughout Ohio.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland...

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Dayton Red Light Camera Program Is Illegal

Did you know that the Dayton Red Light Camera program is issuing tickets with a short yellow light, thereby making more money for the city?  The following article is from TheNewspaper.com (a great site) and sets forth the argument that the program fails to comply with the 2008 implementing law. Dayton, Ohio's red light cameras have generated more than $8 million over the past two years. Many of the $85 automated tickets are issued at intersections where the yellow signal warning times fall short of the minimum allowed under state law.In 2008, Governor Ted Strickland (D) signed House Bill 30 into law, requiring...

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Changes To Drug Schedule Affect Hydrocodone

Drug Schedules Changing For Some Hydrocodone CombosOn October 6th the DEA rule switching"hydrocodone combination products" like Lortab and Vicodin from schedule III to schedule II came into effect.  The rule was passed to curb abuse and encourage patients and prescribers to consider alternative ways to deal with pain.  Previously, these drugs were regulated as Schedule III drugs. Common hydrocodone combinations are used as pain relievers, cough suppressants and enhance the benefits of other drugs like acetaminophen or cough/cold medicines.  We are familiar with the brand names like Vicodin, Lortab or Tussionex.  As schedule III drugs, a prescriber could write up to 5 refills...

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Wright-Patterson Air Force Base DUI Arrest?

What do I do if I have a Wright-Patterson Air Force Base DUI (drunk driving) arrest?My practice is proud to serve the military community in and around Wright-Patterson A.F.B..  One of the recurring questions we get from military personnel is whether or not a federal or out-of-state DUI can be used to enhance a DUI they get here in Ohio.  At one time they did not.  Now, however, the offenses received in another state or on federal property do count. See Ohio Revised Code 4511.181(A).  DUI defense attorneys challenged the ex post facto application of R.C. 4511.181(A) but the courts have...

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DUI Law Update: MADD Gets Its Cake And Eats It Too!

This DUI law update sets forth an alternate interpretation of MADDs attempt to pass Annie's Law.  Is it possible that MADD has seen the error of its ways and is seeking to do damage control?  The most common complaint about DUI enforcement in the State of Ohio concerns the ability of a police officer to seize your license and prevent you from driving for 15 or 30 days (first offense) before you are even taken to court.  We often hear a shocked response of, "What about innocent until proven guilty?"  Is this criticism causing MADD to look for a different...

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What Happens At A DUI Arraignment?

The following will happen when you appear for your DUI arraignment.The Judge, will explain the complaint to you which details the offense(s) you are charged with, and will explain it to you if you do not understand the nature of the charge(s). The Judge will also advise you of the potential penalties.You will have the opportunity to ask questions that you have on the rights explained here, the charge, or the maximum penalty possible under the law.You will have the right to retain an attorney even if you intend to plead guilty, and a right to a reasonable continuance to...

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