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Dayton DUI Attorney Charles Rowland > Posts tagged "drunk driving" (Page 34)

Springfield Ohio OVI Checkpoint Canceled

Image via WikipediaPlans for an OVI checkpoint tonight in Springfield, Clark County, Ohio have been canceled due to the inclement weather.  The cancellation was announced in today's edition of the Springfield News Sun.  A new date for the checkpoint has not been announced. If you need help this weekend please contact Springfield DUI attorney Charles M. Rowland II at (937)318-1DUI or on the 24/7 DUI Hotline at (937)776-2671.  Follow checkpoint developments in Clark County, Ohio by signing up for text alerts at www.DaytonDUI.com/blog, or you can text DaytonDUI (one word) to 50500. Related articlesSpringfield Receives Grant for Increased OVI...

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DUI Law: Appellate Review & Motion to Suppress

I have written extensively about the importance of filing a motion to suppress to challenge the evidence that the State can use against a defendant in a DUI case.  Counsel can use the motion to suppress as an informal discovery tool, as an informal deposition of the State's witnesses, as a dry run of your scientific defense, or as a method of attacking the State's witnesses.  Whatever your strategy, the goal is to win.  But what if you don't?A defendant has not direct appeal from a decision overruling a motion to suppress because an adverse ruling is not considered a...

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Dayton DUI Law: Explaining Error Messages and Their Importance

Ohio utilizes the BAC DataMaster breath test machine to measure the blood alcohol content of a suspect arrested for driving under the influence. The BAC DataMaster is a product of National Patent Analytical Systems, Inc. (NPAS) located in Mansfield, Ohio.  National Patent Analytical Systems has certified Charles Rowland in the operation, diagnostic verification and calibration of the BAC DataMaster Breath Alcohol Testing Instrument, the most commonly used breath testing instrument in Ohio for DUI arrests.  The BAC DataMaster breath test device requires regular maintenance, and a proper environment for testing administration. The BAC DataMaster is part computer, and uses an LED display. If...

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Arrested for OVI in Ohio? How You Act is Important

Your behavior with law enforcement can be vital to the officer's decision making. Investigating officers are given a great deal of discretion in handling any situation. They may simply be seeking information to put in their report or they may be deciding whether or not to issue a citation. At the initial stage you must know your rights in order to protect yourself and, if necessary, aid your attorney in presenting your case to a jury. At this point it is vital to remember anything you say or do will be used against...

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DUI Crime Lab Requirements, O.A.C. 3701-53-06

[caption id="" align="alignright" width="210" caption="Image via Wikipedia"][/caption]O.A.C. 3701-53-06 sets forth the lab requirements for proper testing in DUI cases Ohio Administrative Code 3701-53-06 (formerly O.A.C. 3701-53-05) contains the requirements for laboratories who administer alcohol and drugs tests.  Section (A) sets forth the rules that labs must keep chain of custody records and test results for three (3) years.  All positive blood, urine and other bodily substances shall be retained for a period of not less than one year.  Section (B) requires lab proficiency.  Section (C) requires that,"[t]extbooks and package inserts or operator manuals from the manufacturer...

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Dayton DUI-OVI Checkpoint Tonight (December 17, 2010)

Sobriety Checkpoint Tonight in Dayton The Combined Agency DUI Task Force of Montgomery County will be operating a sobriety checkpoint tonight, Dec. 19, in the 1600 block of South Smithville Road.  Law enforcement officials will be on scene from 8:30 p.m. to 2 a.m.In addition to checking drivers for alcohol or drug impairment, officials said they will also be checking to make sure people are wearing their safety belts.If you are stopped on suspicion of drunk driving contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (1-888-769-5263).  For after-hours help...

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Clark County, Ohio (Springfield) OVI Checkpoint Tonight

There will be an OVI sobriety checkpoint tonight in Clark County, Springfiield, Ohio beginning at 11 pm.  According to the Clark County Sheriff, the location of the checkpoint will be at 235 and Billie Roads. UPDATE: User report from Clark County, OH - Lakeview Rd And Gerlaugh Rd - Lakeview is OH 235The DUI checkpoint will be conducted by the Clark County OVI Task Force.  The Clark County OVI Task Force  is made up of the Clark County Combined Health District, Springfield Police Division, Clark County Sheriff’s Office, the Ohio Highway Patrol, the Ohio Department of...

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Dayton DUI Attorney Charles M. Rowland II

People want to know that their attorney has the credentials and experience necessary to fight and win their case.  In this video, Dayton DUI/OVI lawyer Charles M. Rowland II explains what he has done to earn your trust.  If you need to speak to an attorney call Charles Rowland at 888-769-5263 (888-ROWLAND) or at 937-318-1384 (318-1DUI).To find out more about Charles M. Rowland II click the ABOUT CHARLES ROWLAND tab above. ...

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Blood & Urine Specimens O.A.C. 3701-53-05

Image via WikipediaOhio Administrative Code section 3701-53-05 applies to the collection of blood and urine specimens.  Section (A) requires all samples to be "collected in accordance with section 4511.19 (DUI statute), or section 1547.11 (Boating Under the Influence) of the Revised Code, as applicable."Section (B) states, "[w]hen collecting a blood sample, an aqueous solution of non-volatile antiseptic shall be used on the skin.  No alcohols shall be used as a skin antiseptic."  A good place to start your DUI investigation is the first blood draw.  We have garnered the help of a legal-nurse-practitioner to find instances where wounds could have...

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State v. Syx, 2010-Ohio-5880

In State v. Syx, 2010-Ohio-5880, Judge Fain wrote for a unanimous 2nd District Court of Appeals holding that: The Sixth Amendment Confrontation Clause provides that, "[I]n all criminal prosecutions, the accused shall enjoy the right *** to be confronted with the witnesses against him."  The United States Supreme Court has held that the right to confrontation is violated when an out-of-court statement, which is testimonial in nature, is admitted into evidence without the defendant having had the opportunity to cross-examine the declarant. Crawford v. Washinton (2004), 541 U.S. 36, 68, 124 S.Ct 1354, 158 L.Ed.2d 177. In this case, the defendant argued...

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