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DUI Case Law Update: State v. Ilg

DUI case law update: State v. Ilg, Slip Opinion No. 2014-Ohio-4258For most of my career I have had to deal with a tremendous disadvantage in DUI cases.  In 1984, the Ohio Supreme Court decided State v. Vega, 12 Ohio St. 3d 185, 465 N.E.2d 1303 (1984) which was interpreted to prevent an attack on the breath test machine if it attacked the "general reliability" of a breath alcohol test if it was "conducted in accordance with methods approved by the director of the Ohio Department of Health." Id.  In practical purposes, courts used VEGA to preclude almost all attacks on a...

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Your Xenia OVI Attorney – Charles M. Rowland II

Charles M. Rowland II would like to be your Xenia OVI attorney.Charles M. Rowland II maintains an established DUI/OVI practice, representing the accused drunk driver in the Xenia Municipal Court and throughout Ohio.  An attorney since 1995, Charles Rowland dedicates his practice exclusively to representing the accused drunk driver and has worked to amass more credentials than any attorney in his field.  As a Xenia OVI attorney, Charles M. Rowland II maintained an office in the Greene County seat for over 10 years.Charles served as the Xenia City Prosecutor and has served as a “Special Prosecutor” on high-profile felony cases. ...

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Burden Shifting At A Motion To Suppress Hearing

A motion to suppress is often the most critical phase of the OVI trial process.  Procedurally, the defense attorney files a motion challenging all of the government's evidence.  Once this motion is filed the government has the burden of demonstrating the propriety of the arrest and that law enforcement substantially complied with the rules.When a defendant challenges the admission of a breath-alcohol test, courts apply a burden shifting analysis. The state must show substantial compliance with ODH regulations, and if the state meets that burden, a rebuttable presumption arises that the test results are admissible. Burnside at ¶ 24; State...

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Ohio OVI and Marijuana Blitz Along I-75

If you are driving along Interstate 75 this weekend, be aware of an Ohio OVI and marijuana enforcement blitz that may cause you to get stopped.OVI: The Ohio State Highway Patrol will team up with law enforcement officials from Florida to Michigan along the Interstate 75 corridor for the third I-75 Challenge. The initiative begins Friday, September 26 at 12:01 a.m. and ends Sunday, September 28 at 11:59 p.m. This effort is a high visibility enforcement initiative aimed at reducing traffic crash fatalities. Troopers in Ohio will be focusing on speed, safety belt and OVI enforcement during the initiative.Marijuana: The Ohio State...

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Wilmington OVI Checkpoint At US 22 Tonight!

There will be a Wilmington OVI checkpoint tonight from 9 p.m. until midnight on US 22 just west of Progress Way in Wilmington.  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...

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The Ohio Investigative Unit Conducts “Trace Back Investigations”

The Ohio Investigative Unit (formerly Liquor Control) has taken on a new task in Ohio - "trace back" investigations.  When a fatal crash occurs and alcohol or drugs are suspected, the OIU will step in to see where the alcohol came from and whether or not the person providing the alcohol or drugs can be held responsible.Through an integrated re-structuring within the Ohio Department of Public Safety that will reduce facility costs, streamline administrative functions and lead to better collaboration through improved information sharing and oversight, Ohio troopers will continue to focus on the suspected impaired driver, but Ohio Investigative...

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Urine Testing: No Privacy For You!

The rules for urine testing in Ohio are set forth at Ohio Administrative Code 3701-53-05 & 3701-53-06.  At O.A.C. 3701-53-05, it is clearly stated that a urine test must be witnessed.  It states at subsection (D), (D) The collection of a urine specimen must be witnessed to assure that the sample can be authenticated. Urine shall be deposited into a clean glass or plastic screw top container which shall be capped, or collected according to the laboratory protocol as written in the laboratory procedure manual. In urine testing cases, the state has the burden to prove substantial compliance with the regulations upon...

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Centerville OVI Checkpoint (Sept. 19, 2014)

There will be a Centerville OVI checkpoint tonight from 9 p.m. until 1 a.m. at South Main St. and Dale Ridge Dr.  The sobriety checkpoint will be accompanied by aggressive saturation patrols in and around the area.  Be safe and designate a sober driver.If you want to receive updated information on Centerville OVI checkpoint locations, enhanced traffic enforcement, saturation patrols and other important developments that affect you, sign up for text alerts here.  OVI checkpoint alerts will be sent directly to your mobile device/smartphone. You should also know that we respect your trust and we will never send you irrelevant...

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When Stopped On Suspicion of DUI – Should I Blow?

When you are stopped on suspicion of DUI the question becomes - "Should I Blow?"  Unfortunately, the answer is "maybe" and involves a very complicated investigation of the facts of your case and your personal history.  You should NEVER refuse the test without understanding how a refusal would affect YOU.  No attorney can know all of the circumstances of your arrest and your personal history, always ask to speak to an attorney when making this decision.Learn how the Breathalyzer test affects your DUI defense in this video. Can you answer "TRUE" to ALL of the following questions? If so, you can politely DECLINE any police...

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Drunk And Disorderly, A Definition

Drunk and Disorderly! The crime of disorderly conduct while intoxicated is a violation of O.R.C. 2917.11.  The crime of disorderly conduct is also know, and often charged, as public intoxication.  This broadly defined crime can be charged as a minor misdemeanor carrying a maximum fine of $150.00 and no jail time or as a 4th degree misdemeanor carrying a maximum punishment of 30 days in jail and a $250.00 fine.  Disorderly conduct while intoxicated can be defined as anyone who is voluntarily intoxicated and engages in one of the circumstances described below:In public or in front of two other people, behaves in a manner that would...

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