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Dayton DUI Attorney Charles Rowland > Posts tagged "baby dui"

Operating A Vehicle After Underage Consumption: Ohio’s Juvenile OVI Law

Ohio has made illegal the practice of operating a vehicle after underage consumption (OVUAC).  O.R.C. 4511.19(B) makes it illegal for persons under 21 years of age to drive a vehicle with a concentration of .02 percent, but less than .08 percent by weight of alcohol by whole blood or breath, or with an equivalent amount by blood serum or plasma or urine.  (1994 S.B. 82, eff. 5/4/94).  In 2004, amended R.C. 4511.19(B) renamed the offense “operating a vehicle after underage consumption” (OVUAC).  These quasi-zero tolerance levels are justified by the fact that this age group accounts for a “disproportionate share of alcohol-related accidents.”...

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Driving Under Suspension in Ohio

Image via WikipediaOhio’s Driving Under Suspension (DUS) law is formidable.  The statutory scheme encompasses over 20 different types of suspensions ranging from Automatic License Suspensions for DUI offenses to suspensions for failing to purchase adequate insurance coverage. Please click on the links below for specific information. If you need additional information on Ohio’s DUS law, or if you find yourself charged with Driving Under Suspension or any of the myriad offense that require contact with the Ohio Bureau of Motor Vehicles, please contact Dayton traffic attorney Charles M. Rowland II at (937)318-1DUI [318-1384] today. Types of Suspensions in Ohio12-Points Administrative License...

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Montgomery County Courts (An Overview)

If you are arrested for DUI in Montgomery County, Ohio, your case will be heard in one of the courts below. Montgomery County Court of Common Pleas.  This court hears all felony level cases including aggravated vehicular homicide, aggravated vehicular assault and felony-enhanced DUI offenses.  The Court is located in the Montgomery County Courts Building at 41 N. Perry Street in downtown Dayton.  The Judges who serve the Montgomery County Court of Common Please are: Dennis Adkins, Steven Dankof, Barbara P. Gorman (Administrative and Presiding Judge), Mary Katherine Huffman, Dennis J. Langer, Frances E. McGee, Timothy N. O’Connell, Connie S. Price, Gregory F. Singer, Michael L. Tucker, and Mary Wiseman.  You can contact the...

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Juvenile DUI Addressed in Ohio Supreme Court

The issue the Ohio Supreme Court addresses in State v. Adkins, 2011-Ohio-3141  is whether a pre-January 1, 1996 juvenile adjudication can be considered one of the five prior similar offenses necessary to enhance an R.C. 4511.19(A)(1)(a) charge for operating a motor vehicle while under the influence of alcohol (“OVI”). Under R.C. 4511.19(G)(1)(d), an OVI is a fourth-degree felony if the defendant has been convicted of or pleaded guilty to five OVIs in 20 years.  Effective January 1, 1996, the Ohio legislature passed a new law making a prior juvenile adjudication constitutes a prior conviction for purposes of R.C. 4511.19(G)(1)(d).PROCEDURAL HISTORYOn...

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Juvenile OVI (Operating a Vehicle After Underage Consumption)

Juvenile BAC Limit is .02 in Ohio O.R.C. 4511.19(B) makes it illegal for persons under 21 years of age to drive a vehicle with a concentration of .02 percent, but less than .08 percent by weight of alcohol by whole blood or breath, or with an equivalent amount by blood serum or plasma or urine.  (1994 S.B. 82, eff. 5/4/94).  In 2004, amended R.C. 4511.19(B) renamed the offense "operating a vehicle after underage consumption" (OVUAC).  In State v. Gibson, 2000 WL 303134 (Ohio Ct. App. 4th Dist. Ross County 2000), the Fourth Appellate District held that "because the pers se limit for...

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