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Dayton DUI Attorney Charles Rowland > Posts tagged "Attorney"

Are You The Best DUI Attorney? Here Is My CV…

Are You The Best DUI Attorney? Someone called my office the other day and demanded an answer. "I want the best DUI attorney, Is that you?" Believe it or not, I have encountered this question a few times. I always answer by saying, "I have experience, credentials and a great track record, but you should sit down with me and see if I'm right for you."  The truth is that you have to choose an attorney who is qualified.  Once they pass that test, you have to judge them on a more intuitive level. Do you like them? Has their staff...

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Fairborn OVI? Contact Charles M. Rowland II

Fairborn OVI Attorney Charles M. Rowland II If you have been arrested for OVI in Fairborn or Bath Township, your misdemeanor case will be heard in the local Municipal Court, 1148 Kauffman Ave. in Fairborn, Ohio. Need to find information about a case in the Fairborn Municipal Court? Search HERE. For case information or visit the court’s web site HERE. I am a life-long resident of Greene County.  I have represented the accused drunk driver in the Fairborn/Beavercreek Municipal Court since 1995. In addition, my office is conveniently located near Wright-Patterson Air Force Base and the Mall at Fairfield Commons. OVI law is my...

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What If The Prosecutor Won’t File Charges? O.R.C. 2935.09

In a story that is breaking today, family members of Tamir Rice are seeking to skirt local prosecutors and ask a judge to issue warrants for murder against the police officers involved in the case.  The lawyers, tired of waiting for prosecutors to take action, are relying on a rarely used Ohio law to expedite their effort to have two officers charged. The cited statute — Ohio Revised Code 2935.09 — allows anyone with information about illegal activity to file an affidavit for an official to review. It was established in 1960 to give private citizens an avenue when they feel police are...

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What Is The Rule of Law?

We often hear how, in order for society to function, we must uphold the "Rule of Law." But what does this mean? In one of its most simple constructions, it means that we are to be ruled by laws, not the whims of humans.  Traditionally, the rule of law has the following precepts: The government, its agents and private entities such as banking institutions and corporations are accountable to legal authority. The laws of the land are accessible, reasonably understood, stable and just; they are applied evenly so as to protect the safety of the citizens and allow for the freedom to...

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OVI or DUI (Which is right?)

The current version of Ohio's impaired driving law is O.R.C. 4511.19, is entitled "Operating vehicle under the influence of alcohol or drugs - OVI."  This is the same offense which is also known as DUI (driving under the influence), OMVI (operating a vehicle impaired), DWI (driving while intoxicated) or drunk driving.  The Ohio General Assembly changed the acronym to connote the broadening of the law from simply alcohol impairment to any drug (or condition?) which may impair.  The term "operate" also has a broader definition than that of "driving."  For example, if a driver is found behind the wheel of...

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DUI Science and Blood Contamination

The practice of modern DUI law involves understanding the various scientific tests that have become commonplace in forensic collection and storage of specimens for alcohol analysis.  Specifically, DUI attorneys must understand that contamination can increase the concentration of ethanol in a specimen.  Typically, contamination takes one of two forms.  The first is straight-forward physical contamination which may manifest itself before, during or after collection.  The second form of contamination occurs when microorganisms contaminate a sample and produce ethanol in the sample thereby falsely inflating the amount of ethanol therein.  This article will focus on the physical contamination that may cause...

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MADD Gets Your Money!

Despite sequestration, budget cuts, deficit spending and general dysfunction in Washington D.C., one thing is clear: M.A.D.D. will always get its money.  This week MADD boasted that Congress has provided full funding for the main components of its agenda.  The spending bill allows over $50 million for aspects of the Campaign to Eliminate Drunk Driving, including: $29 million for three annual high visibility “crackdowns.”  Two of these crackdowns are the twice yearly Drive Sober or Get Pulled Over campaigns, which target drunk drivers and the Click It or Ticket seat belt campaign.  By securing this funding, MADD wins the argument about invasive and unpopular checkpoints. $20...

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Charles M. Rowland II, DaytonDUI

Charles M. Rowland II Charles M. Rowland II maintains an established DUI/OVI practice, representing the accused drunk driver in State and Federal Courts in the Miami Valley and throughout Ohio. An attorney since 1995, Charles Rowland dedicates his practice exclusively to representing the accused drunk driver and has worked to amass more credentials than any attorney in his field. DUI/OVI CREDENTIALS Charles served as the Xenia City Prosecutor and has served as a “Special Prosecutor” on high-profile felony cases.  Charles is a proud member of the National College for DUI defense and in 2006 attended the intensive seminar on DUI law at Harvard University. ...

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Ohio DUI Blood Testing: Hemolysis

As blood testing becomes a more favored form of evidential testing in Ohio, attorneys must become familiar with flaws in the testing protocol which may create detriments to their clients.  One such area for consideration is the way in which the blood specimen is handled from collection site to the property room to the Court. Most blood specimens are collected in Vacutainer tubes which contain pre-measured amounts of preservatives and anticoagulants.  Mixing the specimen and the contents of the tube must be done in a prescribed manner involving the gentle inversion of the tube eight to ten times.   The blood must...

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Lawyer Up! Invoke Your Right To Remain Silent (by DaytonDUI)

The Fifth Amendment to the U.S. Constitution provides that no person shall be compelled in any criminal case to be a witness against himself.  At trial, the prosecution can neither call the defendant as a witness, nor comment on the defendant's failure to testify.  Whether to testify or not is exclusively the privilege of the defendant. Harris v. N.Y., 401 U.S. 222,225 (1971).  Outside the context of detention or arrest, a person has no duty to answer any questions of police at all; and if judicial compulsion is sought by the State, the person still can invoke his Fifth Amendment...

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