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Dayton DUI Attorney Charles Rowland > Posts tagged "Crime"

Affirmative Defenses to a Driving Under Suspension Charge

Ohio law provides two affirmative defenses to the crime of driving under suspension.  Ohio Revised Code section 4510.04, Affirmative defenses to driving under suspension or cancellation, provides in pertinent part, It is an affirmative defense to any prosecution brought under section 4510.11, 4510.14, 4510.16, or 4510.21 of the Revised Code or under any substantially equivalent municipal ordinance that the alleged offender drove under suspension, without a valid permit or driver’s or commercial driver’s license, or in violation of a restriction because of a substantial emergency, and because no other person was reasonably available to drive in response to the emergency.It is an affirmative defense to any...

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Dayton DUI Lawyer’s Creed; fight for the system

Our values suggest that when the government accuses you of a crime you have the right (and your attorney the duty) to challenge the evidence against you.  If attorneys vigorously fight your case, the police are trained to do a better job investigating and prosecuting crimes.  Judges who hold the state to a higher standard and prosecutors who properly exercise discretion, protect the citizens from tyranny.  Being pro-law enforcement should not ever mean we give police a pass, but that we hold them to such a standard that even in the most difficult case we trust the system.  This was...

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Holiday Driving Tips from www.About.com

Driving During the Holidays Extra Precaution Needed By Charles Montaldo, About.com GuideDriving on shopping trips during the holidays requires some extra safety precautions. The holiday season is a time when busy people can become careless and vulnerable to theft and other holiday crime. The following tips from the Los Angeles Police Department Crime Prevention Section can help you be more careful, prepared and aware during the holiday season.Avoid driving alone or at night. If you must shop at night, park in a well-lighted area. Avoid parking next to vans, trucks with camper shells, or cars with tinted windows. Park as close as you can to your destination and take...

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Ohio DUI Law: Geneva v. Fende (reasonable articulable suspicion, probable cause)

Geneva v. Fende, 2009-Ohio-6380, 2009-A-0023 (OHCA11)Criminal Appeal from the Ashtabula County Court, Western Division, Case No. 2008 TRC 2112. Lauren A. Gardner, City of Geneva Law Director, For Plaintiff-Appellant. Daniel J. Kolick and Michael T. Schroth, Kolick & Kondzer, For Defendant-Appellee. OPINIONCYNTHIA WESTCOTT RICE, J.{¶1} Appellant, the city of Geneva, appeals the judgment of the Ashtabula County Court, Western Division, granting appellee Nicole M.Fende's motion to suppress. At issue is whether police had reasonable suspicion to subject her to an investigative stop. Because we hold appellee's stop was not warranted, we affirm.{¶2} Appellee was charged in the trial court with operating a motor...

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DUI Enhancements Upheld by Ohio’s High Court

[caption id="" align="alignright" width="300"] Image via Wikipedia[/caption]2007-2295.  State v. Hoover, Slip Opinion No. 2009-Ohio-4993. Union App. No. 14-07-11, 173 Ohio App.3d 487, 2007-Ohio-5773.  Judgment affirmed in part and reversed in part. Lundberg Stratton, O'Connor, Lanzinger, and Cupp, JJ., concur. Moyer, C.J., and Pfeifer and O'Donnell, JJ., dissent. Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-4993.pdf(Sept. 30, 2009) The Supreme Court of Ohio today upheld as constitutional a state law that imposes 10 additional days of mandatory jail time on a driver with a prior DUI conviction if that person refuses to take a chemical test after being arrested for a subsequent DUI violation. The Court’s 4-3 majority decision, authored by...

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Ohio Magistrates Are Governed by Crim.R. 19

[caption id="" align="alignright" width="210" caption="Image via Wikipedia"][/caption]When you are arrested on a criminal case, you may find yourself in front of a magistrate instead of a judge.  This is common, but may cause confusion if you are asked to give your consent to allow the magistrate to hear your case.  Set forth below is a cursory examination of the authority given to criminal magistrates in Ohio.Criminal Rule 19 governs the authority of magistrates in the municipal courts.  A court can refer to the magistrate any of the following: (1) Initial appearances and preliminary hearings conducted under Criminal Rule 5. (2)...

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Misdemeanor Court Draws Fire from NACDL

Today the National Association of Criminal Defense Lawyers released a report on the state of misdemeanor prosecutions in America.Minor Crimes, Massive Waste: The Terrible Toll of America’s Broken Misdemeanor Court The explosive growth of misdemeanor cases is placing a staggering burden on America's courts. Defenders across the country are forced to carry unethical caseloads that leave too little time for clients to be properly represented. As a result, constitutional obligations are left unmet and taxpayers’ money is wasted.To see the report go to NACDL.org....

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