a

Facebook

Twitter

Copyright 2016 Dayton DUI.
All Rights Reserved.

9:00 - 17:00

Our Opening Hours Mon. - Fri.

937.318.1384

Call Us For Free Consultation

Facebook

Twitter

Search
OVI Menu
 

Motor vehicle Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "Motor vehicle"

Kettering DUI First Offense: What To Expect

Kettering DUI? This article is designed to help you understand what to expect if you are charged with a DUI in the Kettering Municipal Court. A first offense DUI is defined at O.R.C. 4511.19 as a DUI with no priors within 6 years.  A first offense DUI can be charged in three ways.  The first charge is caused by testing over the legal limit of .08% B.A.C. (example O.R.C. 4511.19(A)(1)(d)).  These types of offenses are also referred to as “per se”  violations.  A second way to be charged is for violating the high-tier provision of Ohio’s DUI law.  Ohio has also created a per se “high-tier” limit...

Continue reading

Ohio’s Open Container Law, O.R.C. 4301.62

It is illegal to possess in public an open container of an alcoholic beverage. Conviction of this offense carries a maximum penalty of a $150 fine. Consumption of alcohol in a motor vehicle is a fourth-degree misdemeanor with maximum penalties of 30 days imprisonment or a $250 fine or both.  If you are facing an OVI (drunk driving) charge, an open container or any other alcohol-related charge, please contact Charles M. Rowland II at (937) 318-1384 or visit www.DaytonDUI.com.  Below is the full text of Ohio's Open Container Law. OPEN CONTAINER LAW 4301.62 Opened container of beer or intoxicating liquor prohibited at...

Continue reading

Speeding in Ohio – What is the Law?

SPEEDING: What is the law? The speed law is set forth at Ohio Revised Code 4511.21.  It states:(A) No person shall operate a motor vehicle, trackless trolley, or streetcar at a speed greater or less than is reasonable or proper, having due regard to the traffic, surface, and width of the street or highway and any other conditions, and no person shall drive any motor vehicle, trackless trolley, or streetcar in and upon any street or highway at a greater speed than will permit the person to bring it to a stop within the assured clear distance ahead. The law goes on...

Continue reading

Reckless Operation in Ohio: What is the Law?

RECKLESS OPERATION: What is the law? Reckless operation in Ohio can constitute any number of offenses within the Ohio Revised Code dealing with operation of a vehicle with willful or wanton disregard to persons or property.  Commonly, reckless operation is charged under O.R.C. 4511.20 (all codes sections are set forth below).  There is a separate O.R.C. section dealing with reckless operation while off-road (O.R.C. 4511.201) and while on a watercraft (O.R.C. 1547.07).  O.R.C. 4511.202 is Ohio’s Reasonable Control Statute. The Ohio Supreme Court, in State v. Earlenbaugh (1985), 18 Ohio St.3d 19, 21-22, stated, "we believe that the statute simply provides two...

Continue reading

Ohio OVI Law: Ignition Interlock Devices FAQ

Q. What is the law? Ohio's Ignition Interlock Device Law is set forth at Ohio Revised Code 4501.45(E), which states: “Ignition interlock device” means a device certified by the director that connects a breath analyzer to a motor vehicle’s ignition system, that is constantly available to monitor the concentration by weight of alcohol in the breath of any person attempting to start the motor vehicle by using its ignition system, and that deters starting the motor vehicle by use of its ignition system unless the person attempting to start the vehicle provides an appropriate breath sample for the device and the...

Continue reading

What Am I Required To Do Following An Accident?

The crime is referred to as Hit and Run, Leaving the Scene of and Accident, Hit/Skip or Failure to Notify.  Here is an overview of what proscriptions Ohio has adopted to punish persons involved in an accident who leave the scene.  Because of the serious nature of the offense you should seek a qualified and experienced criminal/traffic  attorney to help you combat this charge and give you advice. Ohio law, O.R.C. 4549.02, requires any person who is involved in an accident on public roads or highways to stop and exchange information with the other party. What information must I provide?  The statute...

Continue reading

Driving Under the Influence of Drugs in Ohio

Ohio Revised Code 4511.19(A)(1)(j) prohibits the operation of a motor vehicle under the influence of a controlled substance, specifically if your blood or urine contains a statutorily specified concentration of: amphetamine, cocaine, cocaine metabolite, heroin, heroin metabolite (6-monoacetyl morphine), L.S.D., marijuana, marijuana metabolite, methamphetamine, phencyclidine, salvia divinorum, or salvinorin A. Dayton DUI Attorney Charles M. Rowland II dedicates himself to the defense of the accused drunk driver.  He has attended the latest forensic science seminar of the National College for DUI Defense and is the only Ohio OVI attorney to have earned certification in Forensic Sobriety Assessment.  If you need an...

Continue reading

Aggravated Vehicular Assault and Vehicular Assault; R.C. 2903.08

  When someone is seriously injured in an accident that involves alcohol, it is a tragedy.  Charles M. Rowland II represents people charged with felony OVI offenses like Aggravated Vehicular Assault and Aggravated Vehicular Homicide throughout the State of Ohio.  You need someone who knows the science and is talented enough to assemble a team to win your case. "WIN THE SCIENCE/WIN THE LAW/WIN YOUR CASE!"  Below is the Ohio Revised Code Chapter defining the offense of Aggravated Vehicular Assault.  If you need an experienced DUI attorney to represent you, CONTACT CHARLES M. ROWLAND II today at 937-318-1DUI (318-1384), 1-888-ROWLAND (888-769-5263) 2903.08...

Continue reading

What Does a “Lanes of Travel” or “Marked Lanes” Charge Mean?

Image via Wikipedia A marked lanes charge is often a companion charge to a DUI/OVI offense.  It is also a "cue" that the officer may look for based on his/her National Highway Transportation Safety Administration training. Many people believe that weaving, in and of itself, is both a crime and an indication of drunk driving.  This article will demonstrate the Ohio law on these matters as they are most frequently charged (marked lanes; lanes of travel).  Check your ticket and see if you have violated this law. Ohio Revised Code sec. 4511.25...

Continue reading

“POINTS” on your Ohio License

One of the most frequently asked questions to my staff involve the issue of POINTS on an Ohio driver's license.  "Points" under Ohio law are set forth at O.R.C. 4510.036(C).  The statute lists the following as 6-point violations: 6 Point Violations -Aggravated Vehicular Homicide -Vehicular Homicide -Vehicular Manslaughter -Aggravated Vehicular Assault -Willful Fleeing and Eluding, -Failure to Stop and Disclose Identity at Accident -Street Racing -Driving Under Suspension -OVI (drunk driving) -Unauthorized Use of a Motor Vehicle -Any felony motor vehicle violation or any felony committed with motor vehicle Four Point Violations -Operation of a Vehicle After Underage Consumption -Operation in Willful or Wanton Disregard of Safety (a reckless operation offense) -Exceeding the Speed Limit by...

Continue reading