a

Facebook

Twitter

Copyright 2017 Dayton DUI.
All Rights Reserved.

9:00 - 17:00

Our Opening Hours Mon. - Fri.

937.318.1384

Call 24/7 - Free Consultation!

Facebook

Twitter

Search
OVI Menu

Arrested for Physical Control?

What is a Physical Control charge? https://youtu.be/JaywvEoqoIM In this Video Charles Rowland explains what the physical control option is for a DUI in Ohio. Pursuant to Ohio Revised Code 4511.194 (effective Jan. 1, 2005), it is illegal to be in physical control of a vehicle while under the influence. "Physical Control" is defined as being in the driver's seat of a car and having possession of the vehicle's keys.  Physical Control does not require that the vehicle have ever been driven or even started.  Under the statute, having the keys within reach will satisfy the definition of having “physical control.” This is a growing problem...

Continue reading

Reckless Operation in Ohio: What is the Law? – Video

RECKLESS OPERATION: What is the law? https://youtu.be/R0IvweB5sdY This video explains what reckless operation means for your Ohio drivers license and the difference between a reckless operation and an OVI.  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...

Continue reading

Military DUI: FAQ’s For Active Duty Soldiers Who Face A DUI Charge

Ohio Military DUI camo

If you are an active duty soldier and receive a military DUI (drunk driving) charge, you may face civilian DUI penalties or military DUI punishment.  This article will describe what military penalties are available and under what circumstances they are invoked.  https://youtu.be/ekx44mzHy3k Who Will Prosecute My Military DUI? The overwhelming number of DUI cases will be prosecuted in the civilian courts and the military authorities will not seek jurisdiction. Punishment under the Uniformed Code of Military Justice (court martial/Article 15s) is not available to the military if the civilian authorities are prosecuting your DUI case.  This is true even if your DUI case gets dismissed or reduced. ...

Continue reading

War On Drunk Driving! Are the Warriors Using Gaslighting?

Ohio's War On Drunk Driving Includes Gaslighting? All is fair in love and the war on drunk driving. In the 1944 film Gaslight, Ingrid Bergman's character  Paula Alquist Anton meets and marries the charming Gregory Anton played by Charles Boyer.  The husband does everything in his power to isolate his wife from other people. He allows her neither to go out nor to have visitors, implying that he is doing so for her own good, because her nerves have been acting up, causing her to become a kleptomaniac and to imagine things that are not real. On the one occasion when...

Continue reading

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...

Continue reading

DWI, DUI, OMVI, OVI, Drunk Driving – Is There Any Difference?

DWI, DUI, OMVI, OVI, Drunk Driving - Is There Any Difference? Spoiler Alert: DWI, DUI, OMVI and OVI all mean the same thing.  Operating a vehicle under the influence alcohol violates Ohio Revised Code 4511.19. Colloquially, the most common way to describe drunk driving is by referring to it as a DUI. In addition, news organizations use the term DWI. DWI (driving while impaired) is also frequently used to describe drunk driving. Here in Ohio we don't use DWI, DUI or OMVI to describe the legal charge.  In 1982, Ohio enacted a law that refers to driving under the influence of alcohol or drugs...

Continue reading

Military DUI? Who Will Punish You?

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...

Continue reading

Dayton DUI – DUI Expungement

DUI Expungement No DUI expungement under Ohio law? One of the reasons I am proud to defend 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 can find...

Continue reading

Drugged Driving – Dude, I’m Injured Not Stoned

DRUGGED DRIVING - IS THIS PERSON INJURED OR STONED? When a law enforcement officer comes upon a crash scene he or she may suspect illicit drug use. Their training, the  National Highway Traffic Safety Administration manual and common sense dictate that no suspicion of drug use be  assumed without evidence. When a case involves medical problems, a drug investigation (DRE, drug recognition expert evaluation) should not be performed. This is the rule per NHTSA. The government wants to avoid confusing possible drug use with the observations really being medical issues. Where the NHTSA manual states in a situation like this, "your primary...

Continue reading

College OVI Rules – Top Ten Rules for Partying in Ohio

Don't get a college OVI. It will follow you for the rest of your life. DaytonDUI offers college students these rules for partying (legally) in Ohio. Rule #1: No College OVI -Don't Drink and Drive Ohio has some of the most stringent college OVI laws in the county.  A first-time offender faces 180 days in jail and a one thousand seventy-five dollar fine, loss of their driver's license for up to three years and enhanced penalties upon subsequent convictions.  A DUI (called an OVI in Ohio) is not subject to expungement, meaning it will be on your record forever, and subjects an...

Continue reading