30 March

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DUI Case Law Update: State v. Houck

State v. Houck, 2011-Ohio-6359, In State v. Houck, the Fifth District Court of Appeals upheld a decision of the lower court on defendant's Motion to Suppress. The issue involved an arrest for OVI which was made after an officer alleged the defendant was weaving within his lanes and crossing the center line ONCE. Just one problem. When the video was viewed at the motion to suppress hearing, no weaving and no crossing of the center line was observed. "In this case, the video tape introduced at trial affirmatively demonstrates Appellee’s vehicle did not appear to swerve back and forth and does not...

28 March

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MADD Fights For DADDS Technology Study In Senate Transportation Bill

Posted by Dayton DUI

in DUI Law

In a great article in Politico, Kathryn Wolfe describes the fight brewing between MADD and the opponents of their latest prohibition technology - DADDS. MADD has been working with major insurance companies and automobile manufacturers to get a passive alcohol system (called DADDS) as mandated equipment in every automobile in the world. In 2008, at MADD’s urging, the Automotive Coalition for Traffic Safety entered into a $10 million agreement with the federal government to develop such a technology. This system would search every driver (not just convicted DUI offenders) every single time they started their car. This year, MADD's power as...

17 February

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The Prescription Drug Defense

Posted by Dayton DUI

in Drugs & Alcohol

While many people think of impaired driving as involving alcohol, we are increasingly seeing people accused of being impaired by prescription drugs. Clients are surprised to learn that the same harsh penalties that apply to alcohol impairment also apply to prescription drug impairment. You need an attorney who knows how to fight a drugged driving case.Drugged driving cases involving prescription drugs present a problem for law enforcement as indicators of prescription drug use are less apparent. The standardized field sobriety tests are crude tools for detecting alcohol and may be useless in determining prescription drug impairment. Challenging the officer's observations...

08 February

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Innocent Until Proven Guilty; Does it apply in Ohio DUI Prosecutions?

Posted by Dayton DUI

in Uncategorized

Ei incumbit probatio qui dicit, non qui negat In America you are presumed innocent until proven guilty beyond a reasonable doubt. "Presumption of innocence" serves to emphasize that the prosecution has the obligation to prove each element of the offense beyond a reasonable doubt and that the accused bears no burden of proof. This presumption is ancient, dating back to the Old Testament. In Genesis 18:23-32, it states, "Abraham drew near, and said, "Will you consume the righteous with the wicked? What if there are fifty righteous within the city? Will you consume and not spare the place for the fifty...

31 January

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Ohio Controlled Substances Act, Drug Schedules

Posted by Dayton DUI

in Drugs & Alcohol, Ohio Criminal Law

If you get arrested for possession of a controlled substance, it feels like your world is falling apart. If you are unfamiliar with the judicial system you are likely scared to death and wondering what will happen. The first and most important decision you can make at this point is to hire an experienced and competent defender. Charles M. Rowland II will file a motion to suppress, aggressively prepare for trial and present your best case to the prosecutor. Preparation leads to better results including dismissal, a reduction in your charge, treatments in lieu of conviction, or an acquittal at...

27 January

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Intoxilyzer 8000 Is Unreliable!

Posted by Dayton DUI

in DUI Law, DUI Process

Today, in State v. Heather Reid, Case No. TRC 1100716 in the Circleville Municipal Court, Judge Gary Dumm has ruled that "The State of Ohio cannot expect this Court to find the Intoxilyzer 8000 reliable when the State refuses to address known problems and explain why those problems can be ignored."The Court calls for independent laboratory testing to address the issues raised by the adoption of the Intoxilyzer 8000: RFI, sample size of the chamber, volume of the sample tested, possible operator manipulation of the results, possible CMI modifications of the software without the knowledge of ODH and slope detector...

23 January

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Big 4th Amendment Win In The United State Supreme Court

Posted by Dayton DUI

in DUI Law, Ohio Criminal Law

Today the Supreme Court of the United States unanimously held that attaching a GPS device to a vehicle and using that GPS device to monitor the movements of the vehicle constitutes a "search" under the Fourth Amendment. Read the decision in United States v. Jones, here. This decision was one of the most anticipated cases in this Supreme Court term and had many civil liberties proponents holding their breath. Associate Justice Antonin Scalia said that the government’s installation of a GPS device, and its use to monitor the vehicle’s movements, constitutes a search, meaning that a warrant is required. “By...

20 January

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Arrested for DUI in Xenia or Bellbrook?

Posted by Dayton DUI

in Ohio Cities

IF YOU ARE ARRESTED IN XENIA, CEDARVILLE OR BELLBROOK? Start here. Xenia Municipal Court, and the honorable Michael Murry, has jurisdiction over OVI/DUI violations of any ordinance of any municipal corporation within its territory. The Xenia Municipal Court has jurisdiction for the cities of Xenia and Bellbrook; the villages of Yellow Springs, Cedarville, Jamestown, Spring Valley, and Bowersville; and the townships of Sugarcreek, Xenia, Cedarville, New Jasper, Silvercreek, Ceasarcreek, Miami, Jefferson, Ross, and Spring Valley. The Court’s jurisdiction also includes four college campuses: Central State University, Wilberforce University, Cedarville College, and Antioch College. Law enforcement agencies located within the jurisdiction of the...

18 January

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Are We Living In The Good ‘Ole Days?

Posted by Dayton DUI

in Ohio Criminal Law

Reduced Crime Rates Recall Golden Era For the past twenty years the United States has been living through a phenomenon. In a recent Washington Post editorial, Chales Lane wrote, Between 1991 and 2010, the homicide rate in the United States fell 51 percent, from 9.8 per 100,000 residents to 4.8 per 100,000. Property crimes such as burglary also fell sharply during that period; auto theft, once the bane of urban life, dropped an astonishing 64 percent. And FBI data released Dec. 19 show that the trends continued in the first half of 2011. With luck, the United States could soon equal its...

09 January

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Rowland Named a Fellow to the American Bar Foundation

Posted by Dayton DUI

in Uncategorized

Charles M. Rowland II of Fairborn, Ohio has been selected to be a Fellow to the American Bar Foundation. The Fellows is an honorary organization of attorneys, judges, law faculty, and legal scholars who have been elected by their peers to become members of The Fellows. They have demonstrated outstanding achievements and dedication to the welfare of their communities and to the highest principles of the legal profession. The Fellows support the research work of the American Bar Foundation through their annual contributions and sponsor seminars and events of direct relevance to leaders of the legal profession.Established in 1955,...

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