07 February

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Aggravated Vehicular Homicide, O.R.C. 2903.06

Aggravated Vehicular Homicide, O.R.C. 2903.06, is a crime that results from the death of another caused by the defendant's operating a vehicle while impaired (a violation of R.C. 4511.19) or while driving negligently or recklessly. The statute encompasses driving an automobile recklessly or negligently (called Vehicular homicide) whether or not alcohol played a part in the death. Often, defendants are indicted for multiple counts, with additional counts for each victim of the accident.Under the reckless section of the statute you will be found guilty of a third degree felony which rises to a second degree felony if the driver is...

30 January

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Save Your CDL (by DaytonDUI)

Posted by Dayton DUI

in DUI Law

I Fight For Commercial DriversOhio Revised Code 4506.16 sets for the ways that you can be disqualified or lose your commercial driver’s license.4506.16(D)(5) If you are convicted of two “serious traffic violations” within a three (3) year period, your commercial driver’s license will be suspended for sixty (60) days. 4506.16(D)(6) If you are convicted of three “serious traffic violations” within a three (3) year period, you commercial driver’s license will be suspended for 120 days.If you receive a conviction of any of the following, your commercial driver’s license will be suspended for one year:4506.15(A)(2) You have a BAC...

28 January

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The Problems With Portable Breath Tests (by DaytonDUI)

Posted by Dayton DUI

in DUI Law, DUI Process

In possibly the best article you will ever read on portable breath testing, DUI attorneys Justin McShane and Josh Lee describe the portable breath test devises which are used by the Ohio State Highway Patrol as a "potentially dangerous, non-specific and non-selective measures at roadside." You can find the article HERE and in the Voice for the Defense. The Problems of Fuel Cell Devices1.1. Lack of Specificity20 for EthanolAs PBTs are used for purportedly forensic purposes, their specificity for ethanol becomes a critical factor. The electrochemical detector is not specific for ethanol.21 Indeed, there is “much evidence to show” they are actually not...

24 January

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Why Was I Charged With Two OVI Offenses?

Posted by Dayton DUI

in Uncategorized

There are two ways to be charged with OVI (drunk driving) in Ohio. Often, both are charged for reasons that will be addressed shortly. First, let's explore what the two charges mean."Per Se" Offenses: per se is a latin phrase meaning "in itself." It is also a legal term of art defined in Black's Law Dictionary as "taken alone...

15 January

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Ohio DUI Blood Testing: Hemolysis

Posted by Dayton DUI

in DUI Process

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...

14 January

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Top 10 Rules For Dealing With The Ohio BMV

Posted by Dayton DUI

in DUI Law, DUI Process

Protecting Your Ohio Driver’s License After Your OVI Case Dealing with the Ohio Bureau of Motor Vehicles after an OVI case can be a nightmare. So, you will want to avoid problems before they rear their ugly heads. Don't worry! You can make this as painless as possible by following these simple rules. We are here to serve you. Call us at 1-888-ROWLAND or (937)318-1DUI before a minor issues results in major problems. 1. Make sure the Ohio BMV knows how to reach you. The burden is upon you to notify them of any address change. Courts will accept their statement that...

21 December

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Drunk Driving Deaths At Record Low (by DaytonDUI)

Posted by Dayton DUI

in DUI Process

Drunken-driving deaths fell to a record low last year, according to data released by the U.S. Department of Transportation's National Highway Traffic Safety Administration (NHTSA). Fatalities in crashes involving drunken drivers declined 2.5 percent to 9,878 from the previous year and are down 53 percent since first measured in 1982.“This new data is encouraging, especially as we approach the holiday season when it is so important that we promote responsible drinking,” Beer Institute President Joe McClain said in a prepared statement. “We recognize that even with these record lows, more work remains to be done. Brewers and beer importers are committed to...

18 December

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Arrested for DUI in Kettering? (by DaytonDUI)

Posted by Dayton DUI

in Ohio Cities

If you have been arrested for OVI in Centerville, Kettering, Moraine orWashington Township, your misdemeanor OVIcase will be heard in the Kettering Municipal Court. If you need to find information about a case in the Kettering Municipal Court you can search HERE for case information/case look-up, or visit the court’s web site HERE.Charles M. Rowland II has represented the accused drunk driver in the Kettering Municipal Court since 1995. Charles Rowland dedicates his practice to OVI law and has some of the most impressive credentials for OVI attorneys in the state of Ohio. If you find yourself in need of criminal representation in the Kettering...

13 December

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Judges To Consider Military Service At Sentencing

Posted by Dayton DUI

in Ohio Criminal Law

Ohio appears ready to pass a requirement that judges consider a persons' military service when deciding a sentence in a criminal case. Sub. S.B. 330, proposed by Senator Joe Schiavoni would apply to both misdemeanor and felony charges. "They have been through things that most of us haven't," Schiavoni said. "It's so, so important we consider that before they get thrown into jail and their problems aren't handled properly." Schiavoni says the bill has bipartisan support from both legislators and judges.Here is one version of the key language in the bill requiring consideration of military service at sentencing: (F) The sentencing court...

10 December

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Is The Smell Of Alcohol Enough To Justify Field Sobriety Testing?

Posted by Dayton DUI

in DUI Law

Standardized Field Sobriety Tests: Is Smell Enough? Some Ohio courts have upheld determinations that the mere presence of a moderate to strong odor of alcohol, coupled with a proper initial stop, is sufficient to justify the administration of field sobriety tests. See, e.g., State v. Tackett, 2d Dist. No. 2011-CA-15, 2011-Ohio-6711 (“[t]his court has, however, repeatedly held that a strong odor of alcohol alone is sufficient to provide an officer with reasonable suspicion of criminal behavior”). See also State v. Schott, 2d Dist. No. 1415, 1997 Ohio App. LEXIS 2061 (May 16, 1997); State v. Haucke, 2d Dist. No. 99 CA...

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