22 June

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Ohio’s Implied Consent Law

[caption id="" align="alignright" width="210" caption="Image via Wikipedia"][/caption]In Ohio, any person who operates a vehicle within the state of Ohio is said to have given his or her consent to a chemical test of their blood, breath, or urine to determine alcohol content if arrested for OVI (drunk driving). Pursuant to recent changes in Ohio OVI law, an OVI suspect has 3 hours to comply with the request to submit to a test, and failure to do so within the 3 hour limit will be considered a "refusal." Recent changes allow the police to use "whatever reasonable means are necessary to...

18 May

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Dayton DUI Checkpoint Announced

Posted by Dayton DUI

in News, Uncategorized

The Combined Agency OVI Task Force of Montgomery County announced that they will operate a sobriety checkpoint this weekend. As is their custom, they will not reveal the location of this checkpoint until later in the week. If you find yourself in need of an attorney who has experience handling checkpoint cases, contact attorney Charles Rowland at (937) 318-1DUI or visit www.DaytonDUI.com for more information. ...

27 April

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Ohio DUI/OVI Misdemeanor Charges Are Serious

Posted by Dayton DUI

in DUI Law, DUI Process

Image by abardwell via FlickrUnder Ohio DUI Law, it is a serious crime to drive any vehicle while your ability to drive is impaired by alcohol or drugs. While the most common acronym for impaired driving in Ohio is DUI (driving under the influence), it is also referred to as OVI (operating a vehicle while intoxicated), and OMVI (operating a motor vehicle while under the influence). No matter what acronym you refer to it as, it all describes the same crime and statute. The penalties for DUI in Ohio are extremely strict, and all involve exposure to jail or prison time. In...

08 April

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Can I Avoid a DUI/OVI Checkpoint?

Posted by Dayton DUI

in DUI Law

In State v. Bryson, 142 Ohio App.3d 397, 755 N.E.2d 964 (8th Dist. Cuyahoga County 2001), the Eight District Court of Appeals ruled that making a legal turn to avoid a sobriety roadblock would not constitute reasonable and articulable suspicion to justify the police in making an investigatory stop. Here, the police saw someone turn around rather than go through their checkpoint. They dispatched an officer to pull him over. The court found that the officer was not justified in taking such an action. Among the justifiable reasons that a person...

17 March

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Ohio BMV and Reinstatement Fees

Posted by Dayton DUI

in DUI Process

[caption id="" align="alignleft" width="144" caption="Image by themaxsons via Flickr"][/caption]Ohio Revised Code section 4510.10 sets forth the procedure for a municipal and/or county court to follow in cases involving an offender that cannot reasonably pay reinstatement fees due and owing. The court can establish a payment plan of not less than fifty dollars per month, or give the offender an extension of their operating privileges until a future date upon which date all reinstatement fees must be paid in full. Pursuant to R.C. 4510.10 (F), reinstatement fees are debts that may be discharged in...

10 March

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Charles Rowland’s Biography at www.DUI1.com

Posted by Dayton DUI

in DUI Lawyer, DUI Process, Ohio Cities, Ohio Counties

Charles M. Rowland II maintains an established DUI/OVI and criminal practice, representing the accused drunk drivers in State and Federal Courts in the Miami Valley and throughout Ohio. Since 2005, Charles Rowland has dedicated 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 ...

22 February

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Springfield DUI Attorney partners with www.DUIAttorney.com

Posted by Dayton DUI

in Ohio Cities

Charles M. Rowland II is proud to announce a partnership with www.DUIAttorney.com. Charlie will be the contact attorney for Clark County. The Ohio DUI Defense Lawyers associated with this site have been selected based on their dedication, skills, experience and reputation. If you have been arrested for a Clark County Ohio DUI, you need to get the immediate advice and help from an experienced and able Ohio DUI Attorney or law firm that knows the nuances of Ohio DUI law as it is practiced in the court where your case will be heard. Charles M. Rowland II is a member of...

08 February

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Trial Attorney Toolkit – Motion in Limine

Posted by Dayton DUI

in Uncategorized

Image via WikipediaBlack's Law Dictionary defines a motion in limine as "[a] pretrial request that certain inadmissible evidence not be referred to or offered at trial." Black's Law Dictionary (7th ed.) p. 1033. The motion in limine has been called a "procedural orphan" due to its lack of statutory or procedural authority despite being recognized by the Ohio Supreme Court in State v. Grubb 28 Ohio St.3d 199, 503 N.E.2d 1141 (1985). See Ohio Driving Under the Influence Law, Weiler & Weiler, 2009-2010 ed., sec.12.9, p. 355. The practitioner should be careful not to rely upon a motion in limine in lieu...

02 February

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Dayton Municipal Court

Posted by Dayton DUI

in Ohio Cities

[caption id="" align="alignleft" width="240" caption="Image by OZinOH via Flickr"][/caption]The Dayton Municipal Court was created in 1913 by the Ohio State Legislature and began its judicial operation in 1914. The court serves the citizens of Dayton, Ohio and is located at 301 West Third Street at the coner of Third and Perry Streets. Five full-time judges and two full-time Magistrates serve on the court. You can find out more about the Dayton Municipal Court by visitingwww.DaytonDUI.com or www.DaytonMunicipalCourt.com. One of my favorite features on the site is the recently added "pay fines on-line" program. If you find yourself facing a charge in...

28 January

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DUI Busters on Craig’s List; Neo-Prohibition Rears Its Ugly Head

Posted by Dayton DUI

in Uncategorized

Image via CrunchBaseThe latest controversy to hit Craig's List involves "DUI Busters who target bars and make calls on patrons they feel are intoxicated. Is this the next evolution of the MADD neo-prohibition? This story is from a FOX station in Wisconsin.Milwaukee, WI. Jan. 22 — We’re all fed up with drunk drivers. Some people on the popular website Craigslist have decided they’ve had enough, and they want to put a stop to it. They call themselves the DUI Busters, but some are questioning their controversial tactics… The so-called "DUI Busters" are trying to put a stop to it, and they’re...

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