05 September

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Presumption of Innocence? Not For OVI

The History of The Presumption of Innocence The presumption of innocence, Ei incumbit probatio qui dicit, non qui negat.It is the principle that one is considered innocent unless proven guilty. It dates back to the very foundations of western jurisprudence. The sixth century Digest of Justinian provides, as a general rule of evidence:"Proof lies on him who asserts, not on him who denies."The presumption requires that the prosecution has the obligation to prove each element of the offense. They must prove each beyond a reasonable doub. The accused bears no burden of proof. This is often expressed in the phrase innocent until proven...

31 August

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Defending Your Huber Heights DUI Charge

Posted by Dayton DUI

in Ohio Cities

Huber Heights DUI? A conviction for Operating a Vehicle under the Influence of alcohol or drugs (OVI) in Ohio is significant, carrying with it penalties consisting of jail time, a substantial fine, and a driver’s license suspension.If you have been arrested on an Ohio drunk driving charge then you need to find a way to defend yourself as well as possible in this frightening time of your life. Where Will My Huber Heights DUI Case Be Heard? Huber Height DUI cases are heard in the Montgomery County Municipal Court, Eastern Division, located at 6111 Taylorsville Rd., in Huber Heights. You can reach the court Monday,...

30 August

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Ignition Interlock Device

Posted by Dayton DUI

in News

Ignition Interlock Device Required By Annie's Law An ignition interlock is a system that tests for alcohol on a driver's breath. It is a device that requires a vehicle operator to blow into a small handheld alcohol sensor. The unit that is attached to a vehicle's dashboard. The car cannot be started if a BAC is above a preset level (usually .02 to .04 BAC).Alcohol safety interlocks that meet the standards issued by NHTSA (see the See NHTSA Conforming Products List and Technical Information Regarding Alcohol and Drug Law Enforcement Technology). They not only require a test to start the engine, but...

29 August

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Beavercreek DUI Lawyer Charles M. Rowland II (937) 318-1384

Posted by Dayton DUI

in Uncategorized

BEAVERCREEK DUI LAWYERIf you have been arrested for DUI in Fairborn, Bath Township, Beavercreek or Beavercreek Township? You need a Beavercreek DUI lawyer. Your misdemeanor Beavercreek DUI case will be heard in the Beavercreek/Fairborn Municipal Court, 1148 Kauffman Ave. in Fairborn, Ohio. Need to find information about a case in the Fairborn Municipal Court? Search HERE. For case information or visit the court’s web site HERE. I am a life-long resident of Beavercreek and I have represented the accused drunk driver in the Fairborn/Beavercreek Municipal Court since 1995.Defending the accused drunk driver is my passion. I limit my practice to DUI law. I own some of the most impressive credentials for OVI...

28 August

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Bicycle DUI – What is the Law?

Posted by Dayton DUI

in News

Yes, you can get a bicycle DUI in Ohio. Ohio Revised Code 4511.01(A) defines a vehicle under Ohio law. It includes a bicycle. In State v. Shepard, 1 Ohio App.3d 104, 439 N.E.2d 920 (1st Dist. Hamilton County 1981) a bicycle DUI was upheld for a mounted cyclist. This case distinguished Jones v. Santel, 164 Ohio St. 93, 57 Ohio Op. 106, 128 N.E.2d 36 (1955) which held that an intoxicated person who was pushing a bicycle was a pedestrian and not operating a vehicle. You can even get a bicycle DUI on a child's bike that is way too small...

25 August

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Trotwood OVI Attorney Charles M. Rowland II

Posted by Dayton DUI

in Ohio Cities

Trotwood OVI Attorney Charles M. Rowland II - Ready to help defend you. If you are accused of drunk driving in Trotwood, Ohio, your misdemeanor Trotwood OVI (operating a vehicle impaired) case will be heard in the Montgomery County Municipal Court, Western Division. The jurisdiction of the Montgomery County Municipal Court, Western Divison covers most of north-west Montgomery County, Ohio . In addition to Trotwood, it includes the cities of, Brookville, Phillipsburg, the Village of New Lebanon and parts of Verona. While many people refer to this Court as the Trotwood Municipal Court, you can see the jurisdiction of the court is much broader. Your case will be heard by...

24 August

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Kettering OVI Attorney Charles M. Rowland II

Posted by Dayton DUI

in Uncategorized

Kettering OVI Attorney Charles M. Rowland II Kettering OVI attorney Charles M. Rowland is Kettering’s choice for OVI defense. This article will tell you about the Kettering Municipal Court and the services offered by Kettering OVI attorney Charles Rowland. Let’s begin by accessing the services of the court. If arrested on suspicion of OVI in Centerville, Kettering, Moraine or Washington Township, your OVI case takes place in the Kettering Municipal Court. The Kettering Municipal Court, www.ketteringmunicipalcourt.org, is located at 2325 Wilmington Pike, Kettering, Ohio 45420. For directions to the court, click here. The Kettering Municipal Court The judges of the Kettering Municipal Court...

23 August

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Are You The Best DUI Attorney? Here Is My CV…

Posted by Dayton DUI

in Uncategorized

Are You The Best DUI Attorney? Someone called my office the other day and demanded an answer. "I want the best DUI attorney, Is that you?" Believe it or not, I have encountered this question a few times. I always answer by saying, "I have experience, credentials and a great track record, but you should sit down with me and see if I'm right for you." The truth is that you have to choose an attorney who is qualified. Once they pass that test, you have to judge them on a more intuitive level. Do you like them? Has their staff...

21 August

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Ohio Driving Under The Influence Law

Posted by Dayton DUI

in Uncategorized

Ohio Driving Under the Influence Law I am often asked by fellow attorneys and clients what the best resource for learning Ohio OVI law. The best and most ubiquitous resource is "Ohio Driving Under the Influence Law" by Judge Jennifer P. Weiler and Kevin P. Wieler Sr. In addition to being a trusted resource amongst the bar, you will find the book on almost every municipal court judge's bench.What makes Ohio Driving Under the Influence Law an even bigger resource is the "cheat sheet" giving practitioners a quick guide to most frequently asked questions about DUI law. It is updated every...

18 August

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Xenia OVI Checkpoint Tonight (August 18th)

Posted by Dayton DUI

in Checkpoints, Local DUI

Xenia OVI Checkpoint The Xenia OVI Checkpoint will take place on Main St. between the hours of 9 p.m. and midnight. Police officers conduct saturation patrols in and around the Xenia OVI checkpoint. Drive Sober Or Get Pulled Over There are a number of OVI checkpoints throughout Ohio tonight. The annual campaign started this week. The campaign runs through Labor Day. Local law enforcement will be conducting extra patrols and coordinating OVI checkpoints in an effort to raise awareness about drunk driving. How Are These Checkpoints Legal? OVI checkpoints pose a problematic application of the Fourth Amendment. Stopping the driver of a car is a...

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