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DUI Process

Dayton DUI Attorney Charles Rowland > DUI Law  > DUI Process (Page 13)

Drunk Driving Deaths At Record Low (by DaytonDUI)

Drunken-driving deaths fell to a record low last year, according to data released by the U.S. Department of Transportation's National Highway Traffic Safety Administration (NHTSA). Fatalities in crashes involving drunken drivers declined 2.5 percent to 9,878 from the previous year and are down 53 percent since first measured in 1982.“This new data is encouraging, especially as we approach the holiday season when it is so important that we promote responsible drinking,” Beer Institute President Joe McClain said in a prepared statement. “We recognize that even with these record lows, more work remains to be done. Brewers and beer importers are committed to...

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Do Not Pay Your Reinstatement Fee! (by DaytonDUI)

Charles M. Rowland II may be able to get your reinstatement fee lowered from $475.00 to $40.00.  Whether or not he can do this is not decided until the end of the case.  So Don’t Pay Right Away! In Ohio, any person who operates a vehicle within the state of Ohio is legally presumed to have given his or her consent to a chemical test of their blood, breath, or urine to determine alcohol content if arrested for OVI (drunk driving).  According to Ohio Revised Code 4511.191, if probable cause exists to believe that you are operating a vehicle while impaired (commonly called a DUI) and you refuse to take a...

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Eleventh District Court of Appeals Upholds State v. Vega

When you are accused of a DUI/OVI in Ohio, the breath test machine is presumed to be perfect.  What is more, your attorney cannot challenge presumed flaws in the machine or the weakness in the science supporting the machine.  Such challenges are limited by a 1984 Ohio Supreme Court ruling (State v. Vega) holding that once the Ohio Department of Health certifies a machine, it becomes valid and the defendant loses the ability to argue defenses based on the underlying science of the machine.  This author has made it a long-standing goal to fight this case and has done so for...

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MADD’s Legislative Agenda Moving Forward

As we have long warned in this blog, MADD and its allies in government are working hard to implement harsh measures that will test every person who gets into a car without their consent for alcohol impairment.  Yesterday,  the National Transportation Safety Board has officially urged every state to "require all convicted drunken drivers, including first-time offenders, to use devices that prevent them from starting a car’s engine if their breath tests positive for small (non-impairing) levels of alcohol."  This would require a legislative change in Ohio OVI law which now requires such devices only for multiple offenders.The board also urged...

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MADD’s Historic Push For A .05% Alcohol Limit (by Dayton DUI)

In 1938 the American Medical Association created a "Committee to Study Problems of Motor Vehicle Accidents."  Around that same time the National Safety Council began the "Committee on Tests for Intoxication." Their original research found that a driver with a .15% Blood Alcohol Concentration (B.A.C.) could be presumed to be "under the influence." Ohio law followed this paradigm making it illegal to drive with a B.A.C. over .15%.  This standard existed for over 20 years.Law and politics changed forever with the founding of Mothers Against Drunk Driving in the late 1970's.  MADD changed the world for the better.  No longer...

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Kettering Municipal Court Traffic Safety Program (by DaytonDUI)

Kettering Municipal Court offers a Traffic Safety Program for eligible participants which allows you to attend a class instead of receiving points for your traffic citation(s). Classes are held monthly on a Tuesday evening from 6:00 to 9:00 p.m. and are taught by police officers at either the Kettering Police Department, 3600 Shroyer Road, or the Centerville Police Department, 155 W. Spring Valley Road. Upon successful completion of the program, your citation will be dismissed and will not appear on your driving record, and you will receive no points on your driving record. You may be eligible for the Traffic Safety...

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Ohio DUI and SR-22 Insurance (by DaytonDUI)

The SR-22 is a form that your car insurance company  files with the Ohio Bureau of Motor Vehicles.  The form provides the Ohio Bureau of Motor Vehicles with proof of financial responsibility by showing that you have the required insurance coverages in effect.  The filing acts as a guarantee to the Ohio BMV that an insurance company has issued at least minimum liability coverage for the person making the filing.  An SR-22 also requires the insurance company to notify the Ohio BMV if you cancel your coverage, thus creating a system of continuous monitoring.  The BMV usually requires that you file...

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Problems with the Intoxilyzer 8000

If you have been charged with OVI (drunk driving) based on a test on the Inoxilyzer 8000, let Charles M. Rowland II defend your case.  He was the first private attorney in Ohio to be certified as an operator of the Intoxilyzer 8000, he is Ohio's only Forensic Sobriety Assessment certified attorney, and  he limits his practice to the defense of the drunk driver.  Given the problems with the implementation of the Intoxilyzer 8000, you need an attorney who is up-to-date and on the cutting edge of DUI/OVI defense. What Are The Problems?The Intoxilyzer 8000, manufactured by CMI (out of Kentucky)...

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Showing Proof of Insurance (by DaytonDUI)

Ohio law requires all license holders to carry insurance on the vehicles they drive—and requires the Clerk’s Office to report the status of your insurance when you are cited to the Ohio Bureau of Motor Vehicles. If you do not submit the required proof, your driver's license will be suspended and you may be subject to additional fees and insurance sanctions.Please check the area on your citation that says “Financial Responsibility Proof Shown.” Make sure the “Y” box is checked. If you did not show proof when you were cited or if the officer did not mark “Y” to indicate...

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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...

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