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DUI Law

Fairborn Municipal Court and the T.I.P. Program

People charged with Driving Under Suspension (DUS) or Failure to Reinstate in the Fairborn Municipal Court can take advantage of a new program designed to divert cases from the court's docket and help violators obtain a valid license.  Under the Traffic Intervention Program (TIP), an officer of the court helps people understand what is needed to clear up license problems.  If a defendant becomes valid within 120 days of arraignment,  presents proper insurance and does not have any new driving violations, the charge of driving under suspension or failure to reinstate (both first degree misdemeanors) will be amended to the...

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Dayton OVI Defense Attorney Charles M. Rowland II

Being arrested for DUI / OVI / OMVI / drunk driving / or drugs in Dayton, Ohio can seriously impact your life and the lives of those around you who you love and care about. Jail time, loss of drivers license or full driving privileges, unbearable insurance premiums can often come as the result of a drunk driving case handled in court improperly. The best way to handle a DUI charge in Dayton, Ohio is to retain a knowledgeable and aggressive Dayton Ohio lawyer. A DUI attorney is a necessity in most drinking and...

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Pilot DUI and the Federal Aviation Administration

[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption]Reporting Requirements Under 14 CFR 61.15, all pilots must send a Notification Letter (MS Word) to FAA’s Security and Investigations Division within 60 calendar days of the effective date of an alcohol-related conviction or administrative action. In 14 CFR 61.15(c), alcohol-related convictions or administrative actions refer to motor vehicle actions (MVA). Notification Letters Note: Each event, conviction, or administrative action, requires a separate Notification Letter. For example, an airman’s driver license may be suspended at the time of arrest for driving under the influence of alcohol for either:Failing a...

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Columbus, Ohio: Innocent Or Not, You’re Paying Us

[From the National Motorists Association, July 20, 2010] If you’ve read any of our articles in the past, you know that red light ticket cameras have a way of helping city council members forget about basic due process rights.This story from 10TV News in Ohio shows that Columbus, Ohio’s program is one of the worst in that respect: According to Columbus policy, a driver has to pay $95 to have a hearing.  If the driver does not pay, he or she loses.  If he or she pays late, the payment rises to...

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Ohio Out-of-State DUI Issues

[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption] Dayton DUI Defense Attorney Can Represent Your Out-of State DUI States use two reporting systems to share information about a DUI arrest.  The Non-Resident Violator Compact (NVRC) is a group of states that share information about an out-of-state DUI arrest.  Other states belong to the Inter-State Driver's License Compact, which operates to share information so that you have one driving record for all offenses no matter where the offense occurred.  Ohio joined the NVRC in 1985 and the Inter-State Compact in 1987. The Interstate Compact is a multi-state agreement between participating states to share...

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State v. King; Prosecutorial Misconduct

Image via WikipediaIn State v. King, 2010-Ohio-3254 the 11th District Court of appeals ruled that Dawn King's arrest for OVI be overturned on grounds that the prosecuting attorney committed prosecutorial misconduct in pointing out that the defendant was an attorney, thereby impliedly reducing the burden of proof required in the case.  This decision was made under a "plain error" standard because the defense attorney never objected to the prosecutor's argument.  Click on the link above to read the full text of the case.Charles Rowland is a Dayton DUI Defense Attorney who has represented clients accused of drunk driving for over...

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Why the HGN Test is Fraudulent

Officers Get It Wrong 95% of the Time![caption id="" align="alignright" width="240" caption="Statue personifying "SCIENCE""][/caption]The most important scientific study of the Horizontal Gaze Nystagmus test undertaken by someone not associated with the government is J. Booker, The Horizontal Gaze Nystagmus Test: Fraudulent Science in American Courts, 44 Science and Justice 3 at 133 (July 2004).  The biggest takeaway for DUI attorneys is that the study revealed that the HGN test was improperly administered in the field 95% of the time. (95%!)Booker goes on to argue that the test was rushed into the field without proper scientific scrutiny, applying five hallmarks...

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Breathalyzers and the Body Temperature Defense

Sources of Error in Breath Testing (Part One)Image via WikipediaDeviations in the normal body temperature can result in an error in the evidentiary breath test.  In his article "Body Temperature and the Breathalyzer Boobytrap," 721 Mich B.J. (1982), Dr. Hlastala confirms that the normal body temperature of a healthy person may"may vary by as much as 1 degree centigrade above or below the normal mean value of 37 degrees centigrade or 1.8 degrees F from the mean value of 98.6 degrees F." The higher the body temperature, the greater the error rate of the breathalyzer machine. LaBianca...

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Ohio Blood and Urine Tests for Alcohol

[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption]Ohio Administrative Code 3701-53-01 sets forth the rules used in blood testing cases.  Like no other area of DUI practice, experience can make all the difference in a blood or urine test.  Ohio DUI defense attorney Charles M. Rowland II has successfully suppressed blood results in OVI cases and has the experience to fight your Blood-Alcohol Test.  Set forth below are just some of the requirement of OAC 3701-53-05:Specimens are to be collected in accordance with RC 4511.19 or RC 1547.11. For blood samples, an aqueous solution of a non-volatile (nonalcohol) antiseptic is to be...

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OVI Case Law Update; State v. Sani

[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption]Twenty-Minute Observation Case (9th District Court of Appeals) State v. Sani, 2010-Ohio-2813 (9th Dist. Ct. App.) http://www.supremecourt.ohio.gov/rod/docs/pdf/9/2010/2010-ohio-2813.pdfIn this case the Defendant is stopped for littering and is subsequently arrested for drunk driving.  The officer starts the observation period for purposes of the twenty-minute observation period as the time he begins the standardized field sobriety tests.  He placed the defendant under arrest and left the defendant in the car for four minutes while he attended to the vehicle and other matters.   Defendant challenged this as  a proper observation period and the trial court agreed.  What's...

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