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Dayton DUI Attorney Charles Rowland > Posts tagged "drunk driving" (Page 13)

Ohio State Highway Patrol Announces Christmas Enforcement Initiative

On Friday, the Ohio State Highway Patrol issued a press release announcing their annual Christmas enforcement initiative.  This year they have stuck with the familiar "Drive Sober or Get Pulled Over" theme.  I expect that the effort will be accompanied by a full media blitz including radio and television commercials. Below is the full text of the press release. Patrol to target impaired drivers this Holiday Season Drive Sober or Get Pulled Over COLUMBUS – The Ohio State Highway Patrol will be out in full force this holiday season removing dangerous and impaired drivers in an effort to reduce fatal and injury crashes....

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Drunk Driving Deaths At Record Low (by DaytonDUI)

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...

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Do Not Pay Your Reinstatement Fee! (by DaytonDUI)

Charles M. Rowland II may be able to get your reinstatement fee lowered from $475.00 to $40.00.  Whether or not he can do this is not decided until the end of the case.  So Don’t Pay Right Away! In Ohio, any person who operates a vehicle within the state of Ohio is legally presumed to have given his or her consent to a chemical test of their blood, breath, or urine to determine alcohol content if arrested for OVI (drunk driving).  According to Ohio Revised Code 4511.191, if probable cause exists to believe that you are operating a vehicle while impaired (commonly called a DUI) and you refuse to take a...

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How To Pay Your Ticket In Dayton (by DaytonDUI)

 If you receive a ticket in the jurisdiction of the Dayton Municipal Court, you can pay the ticket on-line, in person or by mail.Pay your fine online at www.paymyfine.org with a VISA or MASTERCARD. Traffic Tickets will be in the system within five (5) business days. Electronic parking tickets will be available for online payment within 12 hours of issuance. Handwritten parking tickets will be available for online payment within two business days of issuance.Pay in person between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday report to the Dayton Montgomery County Courts Building at 301 W. Third St.,...

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Can A Defendant Waive A Jury Trial In Ohio? (by DaytonDUI)

Controversial Jury Bill Dies In Committee Ohio is one of 21 states that give the power to decide whether or not to have a jury trial solely to the defendant.  Thus, a defendant can, at any point, decide against a jury trial and opt for a trial only to the judge.  This is often done in serious OVI cases wherein a technical or scientific point is the most salient point.  It is particularly apt when a defendant wants to avoid allowing the prosecution to enflame the jury with sympathetic evidence of injuries or in cases where the defendant has a lengthy...

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FBI Investigates False DUI Arrests

This page has long maintained that the current "Standardized Field Sobriety Test" procedure is fraught with uncertainty and open to subjective interpretation.  A federal investigation has been launched against Utah Highway Patrol Cpl. Lisa Steed for civil rights violations. Steed has been accused of arresting people for DUI who were sober. Two judges have found Steed lied on the witness stand and a 2010 memo suggesting she was falsifying arrest reports has emerged.  While the vast majority of law enforcement officers are hard-working and dedicated to protecting the public from drunk drivers, this officer may have used her discretion to abuse innocent citizens....

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Arrested for DUI in Kettering? (by DaytonDUI)

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...

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Eleventh District Court of Appeals Upholds State v. Vega

When you are accused of a DUI/OVI in Ohio, the breath test machine is presumed to be perfect.  What is more, your attorney cannot challenge presumed flaws in the machine or the weakness in the science supporting the machine.  Such challenges are limited by a 1984 Ohio Supreme Court ruling (State v. Vega) holding that once the Ohio Department of Health certifies a machine, it becomes valid and the defendant loses the ability to argue defenses based on the underlying science of the machine.  This author has made it a long-standing goal to fight this case and has done so for...

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MADD’s Legislative Agenda Moving Forward

As we have long warned in this blog, MADD and its allies in government are working hard to implement harsh measures that will test every person who gets into a car without their consent for alcohol impairment.  Yesterday,  the National Transportation Safety Board has officially urged every state to "require all convicted drunken drivers, including first-time offenders, to use devices that prevent them from starting a car’s engine if their breath tests positive for small (non-impairing) levels of alcohol."  This would require a legislative change in Ohio OVI law which now requires such devices only for multiple offenders.The board also urged...

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

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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