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OVI in Miamisburg Ohio: What you need to know

Dayton DUI Attorney Charles Rowland > Local DUI  > Ohio Cities  > Miamisburg  > OVI in Miamisburg Ohio: What you need to know

OVI in Miamisburg Ohio: What you need to know

Charged with an OVI or DUI near Miamisburg?

Charles Rowland has over 20 years experience defending the accused drunk driver in Miamisburg and surrounding areas. He is proud of all the hard work he has done for clients in the Miamisburg Municipal Court. Since 1995, he has appeared on behalf of the accused drunk driver and has been dedicated exclusively to drunk driving defense for most of those years. He is uniquely qualified to be your DUI lawyer due to his experience as a municipal court prosecutor, a mediation judge and a special prosecutor in DUI cases. What’s more, he has received certification on the BAC DataMaster and the Intoxilyzer 8000 and is am a frequent lecturer on topics related to DUI defense.  Most recently he spoke to the Clark County Bar Association on DUID (drugged driving) and to the Green County Bar Association on DUI motions to suppress.

The Miamisburg Court and your OVI Case.

Any arrest for misdemeanor DUI or OVI in  Miamisburg, West Carrollton, Germantown, German Township or Miami Township will be under the jurisdiction of the Miamisburg Municipal Court.

Miamisburg Municipal Court Information.

The Miamisburg Municipal Court Judge is The Honorable Judge Robert W. Rettich.  has presided over the Miamisburg Municipal Court since 1989. John F. Kolberg serves as the Court’s Magistrate.

Location:
Miamisburg Municipal Court is located at 10 N. First Street, Miamisburg, Ohio 45342

Hours of Operation:
Hours: Monday through Friday, 8:00 am — 4:00 pm.

Contact Information:

The Miamisburg court can be reached at  (937) 866-2203 and more information can be found on  www.miamisburgcourts.com

 Follow the links below to utilize popular aspects of the Court’s site:

How the right OVI Attorney can help you win your case. 

Yes, you CAN beat your DUI charge.

  • HIRE THE BEST MIAMISBURG OVI DEFENSE ATTORNEY
    • The most important decision that you can make in defending your case is hiring the right Miamisburg OVI defense attorney. OVI defense involves understanding Ohio’s complex impaired driving laws. Your attorney should be familiar with the Ohio Administrative Code, the breath test device and field sobriety testing. It is vital that they stay current on all manners of science which may affect your case. Defense begins with an attorney who has the experience to fight your case. And, possesses the scientific knowledge to attack in the right places. In addition, your attorney should credibly negotiate with the prosecuting attorney to secure the best outcome.
  • ILLEGAL POLICE STOP
    • If the officer lacked proper cause to initiate a traffic stop, your case may be dismissed. The Fourth Amendment requires an officer have a reasonable suspicion that a crime is being committed or about to be committed before making a traffic stop. Reasonable suspicion may consist of any minor traffic offense. Examples include speeding, weaving, an accident, expired plates, or a failure to activate headlights. Upon being stopped the officer must establish an articulable reason to continue your detention to do an alcohol/drunk driving investigation.
  • IMPROPER ADMINISTRATION OF STANDARDIZED FIELD SOBRIETY TESTS
    • If an officer improperly administers the field tests the results are compromised. The officer often gives faulty instructions or misunderstands how to administer the tests. We see officers hold the accused to impossible standards. Improperly administered tests amount to nothing more than “Stupid Human Tricks.” Standardized Field Sobriety Tests (SFST) were developed by the National Highway Traffic Safety Administration(NHTSA) to help determine the level of intoxication of a driver without chemical testing.
      When an OVI suspect refuses a chemical test, the tests can be substantial evidence of intoxication. The NHTSA has guidelines as to how the standardized field sobriety tests must be given. If the arresting officer fails to substantially comply with the guidelines established by the NHTSA, then the results of the tests are not admissible as evidence against the defendant. Your Miamisburg OVI defense attorney will be familiar with the standardized tests, the NHTSA manual and have experience cross-examining an arresting officer.
  • FAULTY INTERPRETATION OF THE STANDARDIZED FIELD SOBRIETY TESTS
    • The officer may say all of the right things to get a valid field sobriety test, and still improperly interpret what he or she is seeing. Your Miamisburg OVI defense attorney will review any video of the stop to make sure that your fields tests were fairly administered and properly scored. Arresting officers can (and do) misinterpret the performance of the SFST’s, and determine the performance to be a failure. The dashboard video and aggressive cross examination of the arresting officers will determine whether a OVI defendant actually failed the SFST’s, or if the officer made a mistake. If the defendant did not fail the SFST’s, the results will serve as evidence that the defendant was not intoxicated.
  • UNLAWFUL ARREST NOT SUPPORTED BY PROBABLE CAUSE
    • Assuming the officer has made a valid traffic stop, he or she must continue the investigation until probable cause exists for an OVI arrest. Often, an officer intending to determine whether probable cause exists for an OVI arrest will make the arrest before this determination is made. When this happens, the officer has made an unlawful arrest, and all evidence obtained after the arrest may be deemed inadmissible in court. Placing a suspect in a patrol car or ordering a suspect to follow directions before determining a suspect’s sobriety may constitute an unlawful arrest. If so, any evidence obtained regarding intoxication may be deemed inadmissible in court.
  • OFFICER ERROR PRIOR TO CHEMICAL TESTING
    • If any statements are made after the accused is in custody, they may excluded unless a proper Miranda warningwas given. The officer must also satisfy a 20 minute observation period prior to administering an evidential breath test. The breath test must be given within three hours of operation. The officer must make sure that the testing conditions are free from radio frequency interference and that the testing location is not otherwise compromised.
      Prior to requesting a suspect to submit to a chemical test, the arresting officer is required inform the driver of the consequences of submitting to the test, the driver’s right to refuse to submit to the test and the consequences for so refusing. If the driver submits to the test, he may be providing the State with evidence of intoxication. Failure of the arresting officer to advise the suspect of the above may render the results of the test, or the refusal inadmissible, and may fail to justify a license suspension. Your Miamisburg OVI defense attorney should have a firm understanding of the Ohio Administrative Code and its requirements for a proper chemical test.
  • BAD BREATH: A FLAWED BREATH MACHINE
    • Above we discussed defenses that arise prior to the administration of the chemical test. There are also potential defenses present in the administration of the test. You Miamisburg OVI defense attorney will be familiar with the Ohio Administrative Code requirements regarding calibration and officer performance. You should ask your Dayton OVI defense attorney to show you the “guts” of the tests that are available at the Ohio Department of Health website. What is more, you should only hire an attorney who has become certified on the breath test machine or attended sufficient specialized training so that he or she can spot any issues with the results. Machines, despite what some may say, are far from perfect and often a keen eye will result in a “Not Guilty.”
  • DISCOVERY, DISCOVERY, DISCOVERY
    • Your Ohio OVI defense attorney cannot defend you against an issue he or she does not know exists. An experienced Miamisburg OVI defense attorney will get proper discovery to explore every possible defense. Filing motions for discovery, motions to preserve evidence and expeditiously obtaining the evidence is a good start. In every OVI case, I submit a comprehensive discovery request for every type of evidence possible. I contact the law enforcement agency directly to place it on notice to preserve evidence. This evidence includes dashboard videos and booking videos. These videos must be requested before they are destroyed. These videos can be indispensable in establishing exactly how a field test was administered. They show how a driver performed. Importantly, they can also establish whether a driver’s speech was slurred. Often, these videos contradict an officer’s allegations and exonerate the driver.
  • CREDIBILITY IS KING
    • The coin of the realm in all plea negotiations is the credibility, experience and knowledge. Credibility comes from presenting your case in a way that makes the prosecutor understand your arguments. Experience is knowing when and where to be persuasive. Most prosecutors distain whiners, bullies and bullshit artists, so don’t do it. I always strive to earn the respect of every prosecutor I come into contact with. Knowledge about Miamisburg OVI defense comes from being dedicated to learning as much as you can. We once had a slogan that said, “Is your attorney thinking of DUI defense right now? If not, call DaytonDUI.” I have practiced OVI defense since 1995. Most of those years include practicing DUI defense exclusively. I continue to try to establish myself as one of the best DUI attorneys in Ohio.
  • NOTING MATTERS IF YOU WON’T FIGHT
    • You can have the best defenses in the world, but they won’t matter unless you pursue them. A good attorney will not only pursue the best possible plea, but will prepare for trial. Your attorney should provide context and give you enough information to make a good decision. Your attorney has an obligation to give you information and abide by your decision. If you think you have a good chance of winning, make sure you hire the best attorney. In our office we say “good things happen at trial.” My motto is, “All I do is OVI defense.”

 

Help with Miamisburg Municipal Court Services and Information that affect OVI cases.

 

Miamisburg Municipal Court Case Look-Up Information

If you have been arrested on suspicion of drunk driving and assigned to the Miamisburg Municipal Court, you can find information about your OVI case at the Miamisburg Municipal Court Public Information (case look-up) site – HERE. 

Follow the links below to utilize popular aspects of the Court’s site:

 

The Miamisburg Municipal Court provides a detailed list of Court forms on its site.

“This information is being provided by the Court in order to assist attorneys, and those choosing to file pro se, follow the Court’s Local Rules, and all other statutory requirements.”  I have listed them below, or you can visit the site directly at the Court link provided above.

You can get a detailed description of each form by visiting the appropriate section of the Court’s site.

Wondering if you have to appear in court for your OVI case?

For anyone facing a DUI charge in the Miamisburg Municipal Court your first appearance in court will be a mandatory appearance unless you hire an attorney prior to the date.  The first appearance (called an arraignment) on a DUI charge requires an appearance. Traffic offenses which are NOT waiverable and therefore DO require a court appearance are as follows:

Any felony/ indictable offenseOperating a vehicle under the influence of alcohol or drugs of abuseLeaving the scene/ personal injury or death resulting

Allowing a minor to drive (no O.L)

Driving while under suspension or revocation

All school zone/ bus violations

A third or more moving violations within twelve (12) monthsEluding or fleeing an officerDrag racing

All driver’s license violations/ suspensions

Physical control of a motor vehicle

Driving Privileges

The Miamisburg Municipal Court has devoted a section of its website to obtaining driving privileges. Here are links to various types of suspensions:

Each of the sites tells you how to apply for and receive privileges through the court.  Be aware that an arrest for OVI (operating a vehicle impaired, a.k.a DUI) will result in an ALS suspension.  If you submit to a chemical test and the results are at or above the legal limit, your license will be suspended, immediately, for 90 days. No driving privileges can be granted for the first 15 days. If you refuse to submit to a chemical test, your license will be suspended, immediately, for one year, and you will not be eligible for limited driving privileges for the first 30 days. The duration of the suspension and time without limited driving privileges are extended for those who have committed more than one OVI offense.

 

Charles Rowland

charlie@daytondui.com

Charles M. Rowland II has been representing the accused drunk driver for over 20 years. Contact him at (937) 318-1384 if you find yourself facing a DUI (now called OVI) charge.

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