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DUI Court Process Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "DUI Court Process"

What Happens At Your OVI First Appearance?

The following will happen when you appear for your OVI First Appearance. At your OVI first appearance you will be called into a big room with many people facing many different types of charges. The Judge, will explain the complaint or charge.  This details the offense(s) you are charged with. In addition, the Court must 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.  Many people will  plead guilty to the charges and receive their punishment.  We are often confronted with people who regret their OVI arraignment...

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Dedicated to DUI Defense

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 who will handle your case...

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What Happens At A DUI Pre-Trial?

What Happens At A DUI Pre-Trial? We are often asked questions about what happens at a DUI pre-trial.  The following video explains what you will likely encounter. Our goal at the pre-trial hearing is to have the prosecutor look at the case from the perspective of the accused. We do this by focusing on the decision-making process of the arresting officer and what else could have been done to reach the conclusion that a person was impaired.  The pre-trial represents the best opportunity to resolve the case prior to trial.  In fact, the biggest decision most people will face in their OVI...

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Alcohol Influence Report – OVI Trial Strategy

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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An Overview Of The OVI Process From Beginning To End

In this video, we walk you through the typical OVI process. OVI PROCESS - ARRAIGNMENT Following an OVI arrest, you will attend your ARRAIGNMENT. This hearing is designed to allow you to enter a plea. No doubt, you will have considered getting an attorney. We offer a free consultation. Furthermore, I make myself available immediately. If you have an attorney at this point, you may not have to attend this hearing. If you hire me, we file paperwork with the court. This paperwork will tell the court you have an attorney. In addition, we file other important papers to protect your rights....

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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...

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Admitting OVI Blood Tests Made Easier By Ohio Supreme Court

A REVIEW OF BLOOD TEST REGULATION IN OHIO In Ohio, a blood test is administered by a crime lab or the collecting health care agency. The blood must be drawn by a licensed medical professional.  In cases where blood tests are administered by a crime lab, the Ohio DUI driver’s blood sample must be drawn within three hours of the perceived infraction.  In addition, it must be tested in compliance with regulations drafted by the Ohio Department of Health. Because of their complexity, an attorney focusing on DUI defense exclusively should be considered. Please consult the articles on the ODH rules on this...

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DUI Defense In “My Cousin Vinny”

DUI defense is never far from my mind.  I was reminded of this last weekend watching one of my favorite movies, "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 criminal procedure. However, he...

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Dayton DUI – No Expungements

Choose Dayton DUI at (937) 318-1384 One of the reasons I am proud to defend Dayton DUI cases, is that these cases are unduly stigmatized.  For example, if you punch someone in the nose your friends will say, "Wow, what happened?" If, however, you say you were charged with a DUI, they will say, "Oh, I'm sorry."  It is this assumed guilt that is like no other criminal offense.  It erodes at our Constitutionally guaranteed right to be presumed innocent. What makes this presumption particularly frustrating is that DUI cases are notoriously hard for the prosecution to prove. An experienced attorney...

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OVI Attorney Ethics Rule 1.1 – Competence

What is the first ethical rule for a OVI attorney?  It iss set forth at the American Bar Association - Model Rules of Professional Conduct, Rule 1.1. This is the rule regarding competence.  It states, "A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation."  OVI cases are among the most complex because of the scientific elements of the case. As your attorney, I must be familiar with the statutory and case-made law regarding OVI. In addition I must have a working knowledge of: the NHTSA standardized field sobriety...

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