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Dayton DUI Attorney Charles Rowland > Posts tagged "drunk driving" (Page 3)

The Ohio Investigative Unit Conducts “Trace Back Investigations”

The Ohio Investigative Unit (formerly Liquor Control) has taken on a new task in Ohio - "trace back" investigations.  When a fatal crash occurs and alcohol or drugs are suspected, the OIU will step in to see where the alcohol came from and whether or not the person providing the alcohol or drugs can be held responsible.Through an integrated re-structuring within the Ohio Department of Public Safety that will reduce facility costs, streamline administrative functions and lead to better collaboration through improved information sharing and oversight, Ohio troopers will continue to focus on the suspected impaired driver, but Ohio Investigative...

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OVI Trial Practice: Admission of the Alcohol Influence Report

The Alcohol Influence Report is a document prepared by the arresting officer noting each and every indicator for alcohol impairment that they took note of in their investigation.  Most of the forms require that the officer simply check the predetermined indicator.  Not surprisingly, all the officer's observations fall neatly into these predetermined areas. The report is a document of the officers opinions and should not be considered routine ministerial reports of a non-adversarial nature.   Clearly, letting the jury have this document as evidence to review in the jury room would be prejudicial to an OVI defense.Evidence Rule 803(8) excludes...

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Beavercreek OVI Attorney

If you have been arrested for OVI in Fairborn, Bath Township, Beavercreek or Beavercreek Township, your misdemeanor OVI case will be heard in the Beavercreek/Fairborn Municipal Court, 1148 Kauffman Ave. in Fairborn, Ohio.  If you need to find information about a case in the Fairborn Municipal Court you can search HERE for case information or visit the court’s web site HERE.Charles M. Rowland II, a life-long resident of Beavercreek, has represented the accused drunk driver in the Fairborn/Beavercreek Municipal Court since 1995.  Charles Rowland dedicates his practice to OVI law and has some of the most impressive credentials for OVI attorneys in...

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Montgomery County OVI Checkpoint (April 25, 2014)

Trotwood police, along with the Dayton police and Montgomery County Sheriff's Office are all teaming up Friday night for a Montgomery County OVI checkpoint targeting drivers in the 1000 block of Shiloh Springs Road in Trotwood, Ohio.  The checkpoint started at 7pm, near the 1000 block of Shiloh Springs Road. Learn about future Montgomery County OVI Checkpoints ahead of time.  If you want to receive updated OVI checkpoint info,  enhanced traffic enforcement, saturation patrols and other important developments that affect you, sign up for text alerts on the main page of this blog.  OVI checkpoint alerts will be sent directly to your mobile...

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Fourth Amendment Drunk Driving Case Decided By SCOTUS

The Supreme Court handed down an opinion in a Fourth Amendment drunk driving case yesterday in Navarette v. California, No. 12-9490 (Apr 22, 2104) (available here). Writing for the divided Court, here is how Justice Thomas's opinion begins and ends: After a 911 caller reported that a vehicle had run her off the road, a police officer located the vehicle she identified during the call and executed a traffic stop. We hold that the stop complied with the Fourth Amendment because, under the totality of the circumstances, the officer had reasonable suspicion that the driver was intoxicated...

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Ohio DUI Attorney: Is It A Just World?

As an Ohio DUI attorney, I often observe a bias that people carry toward those accused of drunk driving.  Psychologists call this phenomena the "Just World Hypothesis."The belief that people get what they deserve and deserve what they get, which was first theorized by Melvin Lerner in 1977.  Lerner, M.J. & Miller, D.T. (1977). Just-world research and the attribution process: Looking back and ahead. Psychological Bulletin, 85, 1030-1051.  Attributing failures to dispositional causes rather than situational causes, which are unchangeable and uncontrollable, satisfies our need to believe that the world is fair and we have control over our life. We are motivated to...

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Phase Two: The Personal Contact Phase

An officer's decision to arrest for DUI involves three steps: observing the vehicle in motion, observing the driver during a personal contact phase, and administering field sobriety tests.  Evidence is collected at each stage.  If, after conducting all three phases, the officer believes probable cause exists that you are impaired, you will then be arrested.  Probable cause is a flexible, common-sense standard. It merely requires that the facts available to the officer would 'warrant a man of reasonable caution in the belief,' Carroll v. United States, 267 U.S. 132, 162 (1925), that you are impaired; it does not demand any showing that...

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Limited Driving Privileges Under Ohio Revised Code 4510.021

Q. Can I get limited driving privileges during the pendency of my OVI case?A court may grant limited driving privileges to a person who has had their license suspended pursuant to a pending OVI.  The Ohio Revised Code, 4510.021 limits driving to the following purposes: (1) Occupational, educational, vocational, or medical purposes; (2) Taking the driver's or commercial driver's license examination; and (3) Attending court-ordered treatment.  A court is granted broad discretion to impose restrictions so long as the restrictions are reasonable.  While most courts will not impose an ignition interlock devise or restricted "party" plates on a first offense OVI, the statute...

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Defending Your DUI: The Gastric Bypass Defense

Gastric bypass surgery (also called bariatric surgery) is a procedure that drastically reduces the size of the stomach which has a dramatic effect when consuming alcohol.  Gastric bypass surgery results in alcohol moving much more quickly from the stomach into the small intestine.  80% of alcohol is absorbed in the small intestine, this surgery results in a much higher peak BAC than with the equivalent amount of alcohol consumed before the surgery.  Due to these anatomical and physiological changes, drinking after gastric bypass surgery is similar to drinking on an empty stomach, but creates an even higher peak BAC because there...

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Springfield Township OVI Checkpoint (Sept. 13, 2013)

Springfield Township OVI Checkpoint Tonight There will be a Springfield Township OVI checkpoint tonight on Upper Valley Pike north of Shrine Road.  The Springfield Township OVI checkpoint will be in operation from 7:30 p.m. until 11 p.m., the Clark County OVI Task Force announced.  The checkpoint detail will include members of the county sheriff’s office, Springfield police, the Ohio Highway Patrol, Enon police, Box 27 from Springfield Fire Rescue, the county health department and the county Emergency Management Agency.If you want to receive updated information on Springfield Township OVI checkpoint,  enhanced traffic enforcement, saturation patrols and other important developments that affect you, sign up...

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