17 September

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Drunk And Disorderly, A Definition

Drunk and Disorderly! The crime of disorderly conduct while intoxicated is a violation of O.R.C. 2917.11. The crime of disorderly conduct is also know, and often charged, as public intoxication. This broadly defined crime can be charged as a minor misdemeanor carrying a maximum fine of $150.00 and no jail time or as a 4th degree misdemeanor carrying a maximum punishment of 30 days in jail and a $250.00 fine. Disorderly conduct while intoxicated can be defined as anyone who is voluntarily intoxicated and engages in one of the circumstances described below:In public or in front of two other people, behaves in a manner that would...

11 August

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It Is The Anniversary Of The Parking Ticket

Posted by Dayton DUI

in DUI Process, Ohio Criminal Law

Seventy nine years ago this month, the Reverend Charles H. North of the Oklahoma Third Pentecostal Holiness Church became the first person to every receive a parking ticket. The controversial "Park-O-Meter" had been installed in the prior weeks and caused a stir amongst the residents.According to his grandson Dwight Thurmond the parking citation was issued after his grandfather rooted through his coat for the required nickel. Finding none, he trudged over to the nearby grocery store to get change. Little did he know he was about to become a historical footnote. When he returned he curiously examined a white piece...

22 July

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The Militarized Police Have Become The Founders’ Worst Nightmare

Posted by Dayton DUI

in Ohio Criminal Law

In a great article for the New American, attorney Joe Wolverton reviews the horrors of militarized police set forth in the Randy Balko book, "Rise of the Warrior Cop." I have expressed my admiration for the book as a call for a return to "the law" as it was traditionally understood throughout our history. The publisher of Balko's Rise of the Warrior Cop book, explains: The American approach to law enforcement was forged by the experience of revolution. Emerging as they did from the shadow of British rule, the country's founders would likely have viewed police, as they exist today, as a standing army,...

25 June

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OVI Checkpoints Are Corrupt

Posted by Dayton DUI

in Checkpoints, Ohio Criminal Law

OVI Checkpoints are corrupt! That is why I fight against them.Watch our video on why we send out OVI Checkpoint alerts.In his book Why People Obey The Law, legal scholar Tom Tyler argues that compliance with the law has less to do with deterrence (fear of penalty) than with the rational decision that complying with the law is in a person's self-interest. More important to their compliance is the decision that following the law is the right thing to do. Having the biggest impact on their perception of the law is the belief in the legitimacy of the authority. "People who...

18 June

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A Trial Attorney’s Creed.

Posted by Dayton DUI

in Ohio Criminal Law

A Trial Attorney's Creed! When someone asks, "How can you defend drunk drivers?" I respond with this quote from Don Quioxte. I think it is the perfect creed for a trial attorney. “It is not the responsibility of knights errant to discover whether the afflicted, the enchained and the oppressed whom they encounter on the road are reduced to these circumstances and suffer this distress for their vices, or for their virtues: the knight's sole responsibility is to succor them as people in need, having eyes only for their sufferings, not for their misdeeds.” ― Miguel de Cervantes Saavedra, Don QuixoteTrial attorney Charles...

14 April

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Do You Offer Free DUI Consultation?

Posted by Dayton DUI

in Ohio Criminal Law

We offer a free DUI consultation because the most important decision you will make in defending your case will be hiring the right DUI attorney. Here is a common sense guide to making the most of your time.You should walk out of your free DUI consultation confident in the knowledge that you have spoken to someone who has real experience defending DUI cases. Ask the following and, if you don’t get straight answers, get up and leave: Have you ever tried a DUI case to a jury? Have you ever tried a felony DUI case? Have you ever tried a “test” case...

18 March

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DUI & Drug Trafficking Cases In Ohio

Posted by Dayton DUI

in Drugs & Alcohol, Ohio Criminal Law

More and more, we are seeing an increase in drug trafficking cases. The Ohio State Highway Patrol has become much more aggressive in using a traffic stop as a pretense to do an extensive search for illegal drugs. These stops frequently turn a minor traffic violation case into a trafficking, distribution or possession of drugs case. We expect more of these cases as the Ohio State Highway Patrol begins implementation of the Drug Recognition Expert protocol.The analysis of a drug trafficking case is very similar to the approach we take to an impaired driving case. What that means is that...

03 March

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Possession of a Controlled Substance: Drug Possession Laws

Posted by Dayton DUI

in Drugs & Alcohol, Ohio Criminal Law

Drug Possession, a.k.a. Possession of a controlled substance is defined in Ohio as knowingly obtaining, possessing or using a controlled substance under the Ohio Revised Code § 2925.11. As applied to marijuana, possession of less than 100 grams (or about 3.5 ounces), giving 20 grams or less of marijuana to another person, or growing less than 100 grams of marijuana are each considered “minor misdemeanors,” punishable by a maximum fine of $150. A minor misdemeanor is not a “jailable” offense, but a person’s driver’s license can be suspended for a period ranging from six months to five years, and a...

27 February

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The Ohio “Clear and Convincing Evidence” Standard

Posted by Dayton DUI

in Ohio Criminal Law

Clear and Convincing Evidence is required for the standardized field sobriety tests to be admitted. Ohio Revised Code 4511.19(D)(4)(b) sets forth the standards for admissibility of the results of field sobriety tests in OVI (drunk driving) prosecutions. See State v. Bozcar, 113 Ohio St. 3d 148, 2007-Ohio-1251, 863 N.E.2d 115 (2007). In order for the tests to be admissible, the State must demonstrate:By clear and convincing evidence. The Officer administered the tests in substantial compliance. The testing standards for any reliable, credible, and generally accepted test. Including, but not limited to, the standards set by NHTSA.The only guidance provided for determining the meaning of “substantial compliance” has come from State v....

20 February

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Ohio’s Best Evidence Rule: What Does It Keep Out Of Evidence?

Posted by Dayton DUI

in DUI Law, Ohio Criminal Law

Ohio's Best Evidence Rule is set forth at Evid.R. 1002. It is very similar to its' federal counterpart. Ohio Rule of Evidence 1002 provides that,To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these rules or by statute enacted by the General Assembly not in conflict with a rule of the Supreme Court of Ohio. But also like its federal counterpart, Ohio Rule of Evidence 1004(1), Ohio's Best Evidence Rule, provides thatThe original is not required, and other evidence of the contents of a writing, recording, or photograph is admissible if...

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