23 January

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What Is Community Control?

Probation is now called "community control" and provides for terms and conditions you must comply with in order not to go to jail.Community control requires you to work with a "probation officer" (P.O.) for a given period of time as set by the court. A common misconception is that the probation officer will actively work against you in an effort to return you to jail. Most of the time, the probation officer is working to make sure you comply with the court order and stay out of jail. It is up to you to show up and make sure the probation...

16 December

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Underage Consumption And Ohio’s College Students: Know Your Rights

Posted by Dayton DUI

in Ohio Criminal Law

Being charged with "underage consumption" is a common occurrence on Ohio college campuses. The crime of underage consumption is a violation of Ohio Revised Code, which prohibits possessing, consuming or being under the influence of alcohol under the age of 21. Holding an alcoholic beverage and/or being intoxicated in a public place is enough to sustain the charge. Students sometimes mistakenly believe that an officer must give them a breathalyzer test to "prove" intoxication. This is not the law. College students often compound their problems by being so scared of being arrested for underage consumption that they provide false information to the...

03 December

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Ohio’s Revised Booster Seat Law

Posted by Dayton DUI

in Ohio Criminal Law

If you have a child, you need to comply with Ohio's Booster Seat Law.As of Oct. 7, 2009, Ohio’s Booster Seat Law requires all children to use belt-positioning booster seats once they outgrow their child safety seats (usually at 4 years old and 40 pounds) until they are 8 years old, unless they are at least 4 feet, 9 inches (57 inches) tall.Ohio’s revised child restraint law requires the following:Children less than 4 years old or 40 pounds must use a child safety seat. Children less than 8 years old, unless they are at least 4 feet, 9 inches tall must use...

02 December

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Child Endangerment and DUI Laws In Ohio

Posted by Dayton DUI

in Ohio Criminal Law

There is an intersection between the child endangerment and DUI laws in Ohio. Child endangerment is an act or omission that exposes a child to psychological, emotional or physical abuse. Child abuse based on the offense of child endangerment is normally a misdemeanor, but endangerment that results in mental illness or serious physical illness or injury is a felony. See abused child, neglected child. Child endangerment and DUI laws are implicated when a person drives drunk with a child in the car.Ohio Revised Code 2919.22(C)(1) addresses the child endangerment and DUI laws as follows, (C) (1) No person shall operate a vehicle,...

09 October

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Disorderly Conduct While Intoxicated, ORC 2917.11

Posted by Dayton DUI

in Ohio Criminal Law

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...

30 September

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Ohio Drug Laws And College Students

Posted by Dayton DUI

in Drugs & Alcohol, Ohio Criminal Law

If you attend college in Ohio you need to know Ohio Drug Laws and how they can get you in trouble. Selling or distributing illicit drugs: O.R.C. Section 2925.03 prohibits any person from selling or offering to sell any controlled substance, preparing or packaging any controlled substance for sale, or distributing any controlled substances. Anyone who violates this statute is guilty of drug trafficking. Violation of this statute is a felony, the level of which depends on the specific criteria set forth in Section 2925.03(C), including type and weight of drug. The minimum penalty for a fifth degree felony can include 6...

23 September

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Ohio’s Underage Drinking Law (Party Smart)

Posted by Dayton DUI

in Ohio Criminal Law

Ohio's Underage Drinking Law (also known as Underage Possession, Minor in Possession, Underage Consumption) prohibits anyone under the age of 21 from purchasing, possessing or consuming alcohol prior to your 21st birthday. A violation of this law is a first degree misdemeanor which can subject you to a maximum six month jail sentence and a maximum $1,000 fine.Is this unfair? Yes Is this hypocritical? Yes Is this bad public policy? Yes Would I like to see it changed? YesYou may also violate Ohio's Underage Drinking Law by being the host. A social host or home owner risks being fined and imprisoned when he/she...

24 April

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License Plate Light Not Illuminated (O.R.C. 4513.05)

Posted by Dayton DUI

in DUI Process, Ohio Criminal Law

In Ohio, it is illegal to operate a motor vehicle without a white light illuminating the rear registration plate. See O.R.C. 4513.05. This law is often used as a pretext for a traffic stop which allows the officer to come into contact with the motorist. Here is a full text of the law. 4513.05 Tail lights and illumination of rear license plate. (A) Every motor vehicle, trackless trolley, trailer, semitrailer, pole trailer, or vehicle which is being drawn at the end of a train of vehicles shall be equipped with at least one tail light mounted on the rear which, when lighted,...

15 March

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

Posted by Dayton DUI

in DUI Process, Ohio Criminal Law

[caption id="attachment_37659" align="alignright" width="199"] Open Container[/caption]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.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...

04 January

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Ohio State Patrol To Enforce Dram Shop Laws

Posted by Dayton DUI

in DUI Process, Ohio Criminal Law

Dram shop is a legal term referring to a bar where alcoholic beverages are sold. Traditionally, it referred to a shop where spirits were sold by the dram, a small unit of liquid. Dram shop laws which are designed to make business establishments liable for the injuries or damages caused by persons to whom they have sold alcohol. For example, if a bar or tavern sells alcohol to a patron, and that patron then injures someone in a car accident, the dram shop law allows the plaintiff to recover damages from the bar as well as the intoxicated person. According to Ohio’s dram shop law, persons who...

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