16 August

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Wright-Patterson Air Force Base DUI?

Who Has Jurisdiction Over the Wright-Patterson Air Force Base DUI? Jurisdiction over DUI charges at Wright-Patterson Air Force Base may be military, civilian or both. When both entities file charges, they often coordinate to determine which will prosecute the offense criminally. Because he or she is always subject to the UCMJ, an offender cannot be tried twice criminally. But because he or she is always subject to the UCMJ, they may face both civilian and military administrative punishment.The place of arrest and the authorities involved typically dictate jurisdiction. An active-duty serviceperson arrested on-base and charged with DUI faces one or more of...

09 August

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Military DUI? Who Will Punish You?

Posted by Dayton DUI

in DUI Law, Uncategorized

If you get a military DUI you can be punished by three different (and overlapping) authorities. The first potential punishment comes from the civilian courts. It includes a loss of driving privileges, fines, incarceration and other possible penalties. Typically, these punishments occur after being stopped on suspicion of drunk driving while outside the military base. In addition, the military cannot administer action under the UCMJ for the same offense if you are being charged by civilian authorities. This applies regardless of the outcome of the civilian case. This blog has a section devoted to the various punishment and their consequences.Read our...

03 August

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Juvenile DUI Offenses Cannot Be Used To Enhance Sentence

Posted by Dayton DUI

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If you have a juvenile DUI offense on your record, this is big! In a 4-3 decision impacting juvenile DUI cases, State v. Hand, Slip Opinion No. 2016-Ohio-5504, the Ohio Supreme Court declared that treating cases from juvenile court as prior convictions for adult-sentencing purposes is unconstitutional, violating the due-process clauses of the Ohio and U.S. constitutions, and is “fundamentally unfair.” Writing For the Majority...

01 August

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What Is Probation Like?

Posted by Dayton DUI

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Probation and Community Control Probation in Ohio is now called "community control." It provides for terms and conditions you must comply with in order not to go to jail. The system requires you to work with a "probation officer" (P.O.) for a given period of time as set by the court. A common misconception is that the probation officer will actively work against you in an effort to return you to jail. Most of the time, the probation officer is working to make sure you comply with the court order and stay out of jail. It is up to you to...

31 July

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The Arraignment: Your First Appearance Before The Judge

Posted by Dayton DUI

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If you do not have an attorney, you may be required to appear at an arraignment hearing Here is what happens at an 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...

28 July

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What Is Your Favorite Legal Movie?

Posted by Dayton DUI

in Uncategorized

What is your favorite legal movie?DUI defense is never far from my mind. I was reminded of this last weekend watching my favorite legal movie, “My Cousin Vinny.” In the movie, a novice New York attorney (Joe Pesci) heads to the deep south to defend his cousin and his friend in a high-profile murder case. He is met with a hostile judge and a pompous attorney who are hell bent on seeing the two kids put away for murder. Consequently, comedy ensues.Because of his inexperience, Vinny has a hard time at trial. Especially relevant is his lack of understanding of...

27 July

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Drunk Droning is a Thing!

Posted by Dayton DUI

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Drunk Droning at the White House! Recently a drone was found on the grounds of the White House. Investigation revealed that it was an inebriated off-duty government worker. He was engaging in some drunk droning. This month, the Department of Transportation’s Federal Aviation Administration proposed a framework of regulations that would allow routine use of certain small unmanned aircraft systems (UAS) in today’s aviation system, while maintaining flexibility to accommodate future technological innovations. FAA Steps In Under the new FAA proposals, drone operators must be over 17 and obtain a proper license before flying. Drones may only be flown in the day time...

26 July

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Dedicated to DUI Defense

Posted by Dayton DUI

in Uncategorized

DUI Defense Is All I Do When you cruise the internet looking for DUI Defense Attorneys, be sure to look for these buzz words."The DUI lawyer(S)" "Our DUI Team" - This means that more than one member of the firm could be responsible for handling your charge. It is not uncommon to not know who will show up to handle your case until the court date. It is also not uncommon to be under the assumption that the attorney you met with will be "your" attorney. Ask who will represent me at your initial consultation. At Babb & Rowland, the only person...

24 July

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Binge Drinking and College Culture – Dayton DUI

Posted by Dayton DUI

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Binge Drinking - What Is The Problem? Some opponents of alcohol consumption target the problem of binge drinking on college campuses. While there is no consensus on what "binge drinking" is, we know that college students do a lot of it. Binge drinking is the current target of temperance proponents. It is blamed for everything from sexual assaults to deaths from consumption. When a person consumes heavily, with the intention of achieving intoxication above .08% BAC, they are "binge drinking" according to critics. 74.4 percent of the time they are doing it with beer. (Nami, et.al. 2004). Wine bingers are rare....

20 July

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Alcohol Influence Report – OVI Trial Strategy

Posted by Dayton DUI

in Uncategorized

The Alcohol Influence Report is a document prepared by the arresting officer noting each and every indicator for alcohol impairment that they took note of in their investigation. Most of the forms require that the officer simply check the predetermined indicator. Not surprisingly, all the officer's observations fall neatly into these predetermined areas. The report is a document of the officers opinions and should not be considered routine ministerial reports of a non-adversarial nature. Clearly, letting the jury have this document as evidence to review in the jury room would be prejudicial to an OVI defense.You need an attorney who...

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