a

Facebook

Twitter

Copyright 2019 Dayton DUI.
All Rights Reserved.

9:00 - 17:00

Our Opening Hours Mon. - Fri.

Facebook

Twitter

Search
OVI Menu
 

affirmative defense Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "affirmative defense"

Holiday DUI Blitz Begins December 6th

The Ohio State Highway Patrol announced its annual "Holiday DUI Blitz."  The 6-State Trooper Project is a multi-state law enforcement partnership aimed at providing combined and coordinated law enforcement and security services in the areas of highway safety, criminal patrol and intelligence sharing.The holiday dui  initiative will take place from Friday, December 5 at 12:01 a.m. through Sunday, December 7 at 11:59 p.m. This high-visibility enforcement effort will include the Indiana State Police, Kentucky State Police, Michigan State Police, Ohio State Highway Patrol, Pennsylvania State Police and the West Virginia State Police. Charles M. Rowland II dedicates his practice to defending...

Continue reading

Dayton DUI Credentials: Former Prosecuting Attorney

Dayton DUI attorney Charles M. Rowland II has served as a city prosecutor responsible for DUI cases and has served as a special prosecutor handling DUI cases.  He now represents people accused of drunk driving.Charles is a frequent speaker and a prolific writer on all matters related to DUI defense. The DaytonDUI Blog was chosen for inclusion in the prestigious ABA Journal of Legal Blogs . In 2011, Charles spoke to the Dayton Bar Association on evidential breath testing and in 2012 Charles was honored to be one of only two DUI defense attorneys chosen to speak to Ohio’s prosecuting...

Continue reading

Piqua OVI Checkpoint (Nov. 15, 2014)

Piqua OVI checkpoint tonight from 8 p.m. until 10 p.m along County Rd. 25A.  Please plan in advance and designate a sober driver.Stay ahead of the checkpoints! If you want to receive updated information on sobriety checkpoints, enhanced traffic enforcement, saturation patrols and other important developments that affect you, sign up for text alerts. Text alerts will be sent directly to your mobile device/smartphone in the location you choose in the Miami Valley. This service is free and available to the general public.You can also put DaytonDUI on your Android Smart phone via the DaytonDUI app. The app helps you...

Continue reading

Asserting An Affirmative Defense In An OVI

In an Ohio OVI, a defendant may rely on an affirmative defense.  The Ohio Revised Code 2901.05(C) recognizes an affirmative defense to certain crimes and offenders. If an affirmative defense is asserted, the burden of proof is on the defendant to prove the affirmative defense by a preponderance of the evidence. The following are the affirmative defenses are recognized:Entrapment Insanity Self-Defense Intoxication Duress BlackoutIf you plan to assert an affirmative defense, it will be raised at the trial stage and not in a pre-trial motion.  Often, the biggest hurdle in the assertion of an affirmative defense will be crafting the affirmative defense and having the court...

Continue reading

Affirmative Defenses to a Driving Under Suspension Charge

Ohio law provides two affirmative defenses to the crime of driving under suspension.  Ohio Revised Code section 4510.04, Affirmative defenses to driving under suspension or cancellation, provides in pertinent part, It is an affirmative defense to any prosecution brought under section 4510.11, 4510.14, 4510.16, or 4510.21 of the Revised Code or under any substantially equivalent municipal ordinance that the alleged offender drove under suspension, without a valid permit or driver’s or commercial driver’s license, or in violation of a restriction because of a substantial emergency, and because no other person was reasonably available to drive in response to the emergency.It is an affirmative defense to any...

Continue reading

Ohio DUI Law: Is Duress An Affirmative Defense To An OVI?

Duress was asserted as an affirmative defense in Cleveland v. Chambers, 1984 WL 5006 (Ohio Ct. App. 8th Dist. Cuyahoga County 1984).  In that case, the accused was robbed in a parking lot and told to "get out of here" by the perpetrator who took the extra step of following him in a separate car.  The police found the defendant when he subsequently crashed his car.  The defendant was charged with OVI.  Even under these extreme circumstances, the court found the defendant's apprehensions "did not create a circumstance where [he] had no control over his actions nor where he was...

Continue reading