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Dayton DUI Attorney Charles Rowland > Posts tagged "drunk driving" (Page 11)

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...

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Physical Control & Reckless Operation

Often, a client will be presented with a plea offer involving a reduction to a charge called “physical control.”  Physical control is the crime of being in control of a car while you are impaired.  It is a zero point violation under Ohio law and does not carry a mandatory license suspension.  Physical control is usually contrasted with a Reckless Operation.  To determine which reduction is advantageous, we offer this article.  Please talk to your attorney prior to accepting a “physical control” or a “reckless operation” as both have definite pros and cons. This video explains what physical control could...

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DUI Blood Test and Miranda Rights

Miranda rights are required to be given when an “investigatory stop” turns into a “custodial investigation.” Miranda v. Arizona (1966), 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694.  In other words, only when a traffic stop becomes “custodial” does the officer need to advise the defendant of his or her Miranda rights.  “Under Miranda v. Arizona (1966), 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694, statements stemming from custodial interrogations are admissible only after a showing that the procedural safeguards have been followed. “Custody” is when a defendant is taken into custody “or otherwise deprived of his freedom by...

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Super Bowl DUI Patrols 2013

This weekend, more than 81 local law enforcement agencies around the state will be conducting more than 1,925 hours of enforcement activity and 1,100 hours of saturation patrols, funded by federal grants provided through OTSO.  The FBI compared saturation patrols vs. checkpoints in Ohio, Missouri and Tennessee.  The study showed that "Overall, measured in arrests per hour, a dedicated saturation patrol is the most effective method of apprehending offenders (Source: FBI Law Enforcement Bulletin, January 2003).  As this author has long argued, the saturation patrol is also more in keeping with American standards of justice than a checkpoint, as officers...

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Charles M. Rowland II, DaytonDUI

Charles M. Rowland II Charles M. Rowland II maintains an established DUI/OVI practice, representing the accused drunk driver in State and Federal Courts in the Miami Valley and throughout Ohio. An attorney since 1995, Charles Rowland dedicates his practice exclusively to representing the accused drunk driver and has worked to amass more credentials than any attorney in his field. DUI/OVI CREDENTIALS Charles served as the Xenia City Prosecutor and has served as a “Special Prosecutor” on high-profile felony cases.  Charles is a proud member of the National College for DUI defense and in 2006 attended the intensive seminar on DUI law at Harvard University. ...

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Springfield, Ohio OVI Attorney

If you have been arrested for OVI in Springfield, Ohio, your misdemeanor OVI case will be heard in the Clark County Municipal Court.   If you need to find information about a case in theClark County  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 Springfield and the Clark County Municipal Court for over fifteen years.  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 Clark County Municipal Court, contactSpringfield DUI Attorney Charles M. Rowland II today! You...

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The Problems With Portable Breath Tests (by DaytonDUI)

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...

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Why Was I Charged With Two OVI Offenses?

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...

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Arrested for OVI in Vandalia?

Vandalia Municipal Court’s jurisdiction serves approximately 83.5 square miles, which includes the Cities of Vandalia, Englewood, Clayton, Union and the Townships of Harrison and Butler, located in the Montgomery County, Ohio.  The Court is located on the 2nd floor of the Justice Center at 245 James E. Bohanan Memorial Drive, Vandalia, Ohio. The Court operates Monday through Friday, 8:00 a.m. to 4:00 p.m.  The honorable Cynthia M. Heck is the elected judge of the Vandalia Municipal Court and will preside over your case.  You may also appear before the Vandalia Municipal Court Magistrates: Bonnie Beaman Rice and Fred M. Izenson.  Listed below...

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Ohio DUI Defense

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Huber Heights, Beavercreek, Centerville, Springboro, Franklin and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitterupdates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook,www.facebook.com/daytondui and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to...

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