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Dayton DUI Attorney Charles Rowland > Posts tagged "criminal defense" (Page 11)

Arrested for OVI in Bellbrook, Ohio?

If you are arrested on suspicion of OVI (drunk driving) in Bellbrook, Ohio, your misdemeanor case will be heard in the Xenia Municipal Court.  Xenia Municipal Court is located on the second floor of Xenia City Hall, 101 N. Detroit Street, Xenia, Ohio.  This building is located just to the south of the Greene County Courthouse in downtown Xenia. Hours are 7:30 a.m. until 4:30 p.m. on Mondays, Tuesdays & Wednesdays.  Hours are 7:30 a.m. until 4:00 p.m. on Thursdays and Fridays.  As of January 1, 2008, Night Court services are no longer provided.  You can contact the Court at (937) 376-7290Fax: (937) 376-7288.  The Bellbrook Police...

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Ohio OVI Law: Ignition Interlock Devices FAQ

Q. What is the law?Ohio's Ignition Interlock Device Law is set forth at Ohio Revised Code 4501.45(E), which states: “Ignition interlock device” means a device certified by the director that connects a breath analyzer to a motor vehicle’s ignition system, that is constantly available to monitor the concentration by weight of alcohol in the breath of any person attempting to start the motor vehicle by using its ignition system, and that deters starting the motor vehicle by use of its ignition system unless the person attempting to start the vehicle provides an appropriate breath sample for the device and the...

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Standardized Field Sobriety Tests: The One Leg Stand Test

The Standardized Field Sobriety Tests (SFST) are a battery of three tests administered and evaluated in a standardized manner to obtain validated indicators of impairment and establish probable cause for arrest. These tests were developed as a result of research sponsored by the National Highway Traffic Safety Administration (NHTSA) and conducted by the Southern California Research Institute. A formal program of training was developed and is available through NHTSA to help law enforcement officers become more skillful at detecting DWI suspects, describing the behavior of these suspects, and presenting effective testimony in court. Formal administration and accreditation of the program is provided through the...

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Beavercreek OVI Attorney Charles M. Rowland II

Beavercreek OVI Attorney Charles M. Rowland II has represented clients in the Beavercreek Municipal Court since 1995.  He limits his practice to OVI defense and stays on the cutting edge of OVI science and the tactics necessary to defend your case.  Contact Beavercreek OVI Attorney Charles M. Rowland II at (937) 318-1384 or 888-ROWLAND.  Here is some important information about the Fairborn/Beavercreek Municipal Court. The Beavercreek/Fairborn Municipal Court is located at 1148 Kaufmann Ave, Fairborn, Ohio 45324.  The telephone number for the court is (937) 754-3040, Fax (937) 879-4422.  The normal business hours for the court are 7:30 a.m. for 4:00 p.m.  The jurisdiction of the court includes Beavercreek, Beavercreek Township, Fairborn and Bath Township. If you are...

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Fight Your Marked Lanes Violations, O.R.C. 4511.33 (by Dayton DUI)

The National Highway Traffic Safety Administration (NHTSA) has developed a guide for detecting drunk drivers.  In that guide, NHTSA identifies 24 "clues" that potentially impaired drivers exhibit.  Many of those "clues" relate to the driver's ability to maintain proper lane position.  Your attorney should aggressively defend your driving and point out to a judge or jury other possible causes of weaving such as: texting, eating, telephone calls, conversations with other passengers, changing the radio station, stretching, or fatigue may account for the driving.Your DUI defense lawyer should also be prepared to argue that your weaving may not violate Ohio law. ...

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Ohio OVI Law: The Coming DRE Expert

Ohio is making the transition to using the Drug Recognition Expert protocol in apprehending and prosecuting impaired drivers.   DRE refers not only to the officers themselves, but to the 12-step procedure that these officers use. DRE was developed by police officers from the Los Angeles (California) Police Department. In 1979, the Drug Recognition program received the official recognition of the LAPD.  On October 22, 2010, Ohio became the 48th state to be accepted into the International Association of Chiefs of Police's (IACP) Drug Evaluation and Classification Program (DECP). Once approved by the IACP's DECP Highway Safety Committee, Ohio was eligible to...

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Ohio Revised Code 4511.194, Physical Control

Ohio Revised Code section 4511.194 defines the crime of “Physical Control.” The crime of "Physical Control" involves being in physical control of a vehicle while under the influence of alcohol or a drug of abuse.  This definition means that you do not have to be driving or operating the car.  If a person is in the driver’s position of the front seat of a vehicle, or in the driver’s position of a streetcar, or trackless trolley and having possession of the vehicle’s, streetcar’s or trackless trolley’s key, or other ignition device that person is in “physical control” of the vehicle.  See...

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Tipp City DUI Attorney Charles M. Rowland II

Do you need a Tipp City DUI Lawyer? Tipp City DUI attorney, Charles M. Rowland II has been representing people accused of drunk driving since 1995 and regularly appears in all Miami County Courts.  This page was developed to provide practical information regarding Miami County‘s tough drunk driving law. There you will find information on DUI (now called OVI) law in the Miami County Municipal Court and in the Miami County Common Pleas Court.  The Judges who will hear your case in the Miami County Municipal Court are the Honorable Elizabeth S. Gutman and the Honorable Gary Nasal. Judge Gutman’s office can be reached at (937) 440-3936. Judge Nasal’s telephone number...

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Are the Standardized Field Sobriety Tests Fair to Fatter People?

Being overweight can impact your performance on the standardized field sobriety tests.  The government agency tasked with verifying the validity of the standardized field sobriety tests is the National Highway Traffic Safety Administration (hereinafter NHTSA).  NHTSA concedes that being fifty or more pounds overweight affects performance on the one-leg stand test; a test requiring the suspect to raise a foot off the ground and stand on one foot for 30 seconds. See NHTSA, DWI Detection and Standardized Field Sobriety Testing, Participant's Manual (2006), re: WAT at VIII-11, re: OLS at VIII-13. Id. re: 50 lbs at VIII-13.  In older versions...

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Proof Beyond All Reasonable Doubt And Other Closing Arguments (by DaytonDUI)

Imagine that you woke up with a sore throat.  It persists throughout the day and into the next.  As the week drags on you feel worse and worse and your wife demands that you go to the doctor.  You hate doctors, but you feel so lousy that you agree to get your throat checked out.  When you arrive you fill out the requisite forms and wait longer than you feel is necessary.  Just as you are nearing your boiling point a nurse calls your name and leads you into a small room.  You tell her that you've had a sore...

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