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Dayton DUI Attorney Charles Rowland > Posts tagged "drunk driving" (Page 23)

You Have The Right To Remain Silent

We frequently encounter jurisdictions that conduct "interviews" with a suspect following an arrest.  These interviews are carefully crafted checklists that gather incriminating statements related to the elements of the crime and further attempt to limit mitigating factors which your attorney may later wish to assert.  The questions typically seek to establish that the suspect was "operating" the vehicle.  Officers will also ask what the person had to eat and drink, when, where and how much.  Medical issues, mental issues, eye health, and other questions seek to limit the suspect's ability to later assert a defense to the clues of impairment...

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Thomas More, A Man For All Seasons

In the wonderful play by Robert Bolt, A Man for All Seasons, we meet Sir Thomas More, Lord Chancellor in the Court of King Henry VIII.  As an attorney and judge, More did much to strengthen the power of the jury by instituting reforms that both made the jury system more fair and strengthened the court in opposition to the growing power of the King.  In the play, when the King begins to alter the rule of law to accomodate his divorces and remarriages, More refuses to assent.  He loses his position and is eventually arrested and tortured for his...

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The Prescription Drug Defense

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...

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Ohio DUI Law: Your Right To A Speedy Trial

Your right to a speedy and public trial is enshrined in the Bill of Rights.  The Sixth Amendment to the United States Constitution provides, "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of...

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Ohio Has Declared War on Drunk Drivers

In 1982, Ohio declared “WAR” on drunk driving.  Since that time Ohio has devised one of the toughest DUI systems in the nation.  By creating a civil penalty called an automatic license suspension, even a first time DUI results in an immediate loss of your “right” to drive.  A conviction can result in a jail sentence ranging from the mandatory minimum three days to a maximum of six months and a minimum fine of $375.00 up to $1,075.  Conviction of a first time DUI will result in a license suspension lasting from six months to three years.  If a driver...

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DUI Law and the Fourth Amendment: Is Your Home Your Castle?

The doctrine that “a man’s home is his castle” is enshrined in the Bill of Rights.  The Fourth Amendment to the United State Constitution embodies the principle and states that a home should be free from search without a warrant.  The Fourth Amendment states, “The right of the people to be secure in their person, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause * * *.” Furthermore, in United States v. United States Dist. Court for the E. Dist. of Michigan (1972) 407 U.S. 297, 313,...

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Beer Festivals in Ohio

Rick Armon at the Beer Blog has compiled a list of Ohio's beer festivals.  Some such as the International Beer Fest in Cleveland and the Cincy Winter Beerfest in Cincinnati will draw thousands. Others such as the Frozen Falls Beer Festival in Garrettsville and the Celebration of the Hop in North Olmsted will attract hundreds.  You can find a continuously updated version of this list at the Beer Blog.  Have fun and enjoy a beer festival near you. • Saturday: The Columbus Winter Beerfest at the Greater Columbus Convention Center. The event will feature more than 50 breweries and 250 beers.• Jan. 28: The Montessori School of...

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What Am I Required To Do Following An Accident?

The crime is referred to as Hit and Run, Leaving the Scene of and Accident, Hit/Skip or Failure to Notify.  Here is an overview of what proscriptions Ohio has adopted to punish persons involved in an accident who leave the scene.  Because of the serious nature of the offense you should seek a qualified and experienced criminal/traffic  attorney to help you combat this charge and give you advice.Ohio law, O.R.C. 4549.02, requires any person who is involved in an accident on public roads or highways to stop and exchange information with the other party.What information must I provide?  The statute...

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DUI Law: Is This Constitutional?

Even if you are found not guilty at trial, the Automatic License Suspension issued at the beginning of your case will remain in effect.  Yes, even if a jury of your peers concludes that you were wrongly arrested for OVI and exonerates you in court, the harsh ALS penalty will remain in effect.  Guilt or innocence does not matter.  How can this be?In State v. Lewis, 2010 Ohio 2872 the First District Court of Appeals found that Ohio DUI law calls for an automatic license suspension if a person refuses a chemical test and O.R.C. 4511.191(D)(1) specifically states that “[a]ny...

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