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Dayton DUI Attorney Charles Rowland > Posts tagged "drunk driving" (Page 4)

Why Do They Call it Moonshine?

Why Do They Call It Moonshine?Moonshine is as American as apple pie.  Prohibition did not stop people from wanting alcohol.  Prohibition did not stop people from wanting money.  Put those two desires together and you have the illegal production of alcohol called "moonshining."  "Moonshiners" is a term used for people who did their production at night to avoid the government agents (G-Men) and Treasury Agents (T-Men) who patrolled the hills of Appalachia looking to stop production of illegal hootch.Production of moonshine illegal alcohol required the use of stills.  The stills were heated by fires and produced tell-tale smells, sounds and...

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Ohio’s Felony OVI Look-Back Rule

Ohio has established a twenty year felony OVI look-back period. A sixth or greater OVI (drunk driving) offense within a twenty year look-back period is a fourth degree felony OVI. R.C. 4511.19(G)(1)(d).  Another harsh provision under Ohio OVI  law is the “once a felony, always a felony” rule contained in R.C. 4511.19(G)(1)(e), meaning that any future DUI regardless of how many years have passed is charged as a third-degree felony.  This means that if you have many years of sobriety in between DUI convictions, you still face a felony rather than having your case treated as a first-in-six misdemeanor offense.Felony OVI...

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Teachers & OVI: Do I Report an OVI?

You Don't Need To Report Teachers, if you have an OVI (drunk driving) conviction, you may be worried about your career.  We have represented many teachers and strive to have every OVI reduced or dismissed so that it cannot have an adverse impact on your future.  One question we frequently encounter is, "Do I have to report and OVI conviction on my application?"  The answer is NO!A great OVI resource for teachers is the Ohio Educator Conduct FAQ provided by the Ohio Department of Education's Office of Professional Conduct.  It states,  Do I have to indicate an OVI or DUI conviction on...

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OVI & Your Brain: Who Cares About Impairment?

More Faulty OVI Breath Test Assumptions One of the faulty assumptions underlying OVI evidential breath testing is the assumption that the tests are measuring the ability of alcohol to impair your brain.  They do not.  The breath test for OVI does not care how, or even if, the alcohol is impairing your brain only that it is in your breath via your lungs via your blood.  The machines do not test venous blood but arterial blood utilizing the scientific principle of Henry’s Law.  As alcohol can be at different rates throughout your body, the machine is not measuring impairment.During peak absorption...

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OVI In The Fairborn Municipal Court

Information about OVI cases in the Fairborn Municipal Court If you are charged with an OVI in Fairborn, your misdemeanor OVI case will be heard in the Beavercreek/Fairborn Municipal Court.  The Fairborn Municipal Court, located at at 1148 Kauffman Ave., Fairborn, Ohio 45324, maintains a copy of its fee schedule on its web site. The Fairborn Municipal Court serves Fairborn, Bath Township, Beavercreek and Beavercreek Township. The court conducts preliminary hearings in felony cases, handles traffic and non-traffic misdemeanors, and civil cases where the money in dispute does not exceed $15,000. The Greene County Common Pleas Court (in Xenia) handles felony criminal cases.  You can contact the Fairborn Municipal Court at; (937)...

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Clark County OVI and the 72 Hour Driver Intervention Program.

Clark County OVI and the 72 Hour Driver Intervention Program. In Ohio, a 1st offense OVI/DUI conviction carries a mandatory minimum 3-day jail sentence. Most courts, including Clark County Municipal Court, allow this minimum sentence to be satisfied by attending a state-certified 72 hour (3-day) Driver Intervention Program. Most people prefer the D.I.P. because it is usually held in local hotels rather than in the local jail.  Most courts allow a person to choose a convenient weekend and location.  Check with your Ohio OVI attorney to arrange for a convenient program if you are convicted.  An experienced attorney will be able...

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DUI Science: Pharmacokinetics and Pharmacodynamics

Pharmacokinetics and Pharmacodynamics Defending a DUI (now called OVI in Ohio) requires an attorney to understand how the body reacts to the impairing substance (pharmacokinetics) and how the brain is affected by the substance (pharmacodynamics).  Pharmacokinetics explains the absorption, distribution and elimination of the drug.  Pharmacodynamics includes the action of the drug on the brain, pharmacologic effects and toxicity. [Holford, N., Chapter 3: Pharmacokinetics and Pharmacodynamics: Rational Dosing and the Time Course of Drug Action, in B. Katzung, Editor, McGraw Hill, Eighth Edition, 2001, p. 36].  Pharmacokinetics and pharmacodynamics are explained in this short introductory video.Charles M. Rowland II has attended...

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Miami Township OVI Checkpoint (August 23, 2013)

If you live in Miami Township, be prepared for a Miami Township OVI checkpoint.  The Montgomery County OVI Task Force announced today that a Miami Township OVI checkpoint will be held in the area of Ohio 741 (Springboro Pike) between Alex Bell and Ohio 725 (Miamisburg-Centerville Rd.) beginning at 7 p.m.  In addition to the Miami Township OVI checkpoint, the Clark County OVI Task Force has announced that they will be conducting over 1000 hours of aggressive saturation patrols in and around Springfield, Ohio throughout the Labor Day holiday. The Miami Township OVI checkpoint will be accompanied by aggressive saturation patrols.  If you want to receive updated information...

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Vandalia OVI Attorney Charles M. Rowland II

OVI in Vandalia? Being charged with an OVI offense can be one of the most traumatic events you will face.  Vandalia OVI Attorney Charles M. Rowland II has represented clients in the Vandalia Municipal Court since 1995.  He limits his practice to OVI defense and stays on the cutting edge of OVI forensic science and the tactics necessary to defend your case.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...

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Intoxilyzer 8000 Is Unreliable Judge Finds

A judge recently ruled the Intoxilyzer 8000 (Ohio's newest breath testing machine) unreliable.  In State of Ohio v Chelsea Lancaster, Judge Teresa Liston who heard several cases, combined for purposes of challenging the device, at the request of Marietta Municipal Court Judge Janet Dyar Welch was assigned to hear just these Intoxilyzer 8000 cases.  Judge Liston is a retired judge who serves on the faculty of the National and Ohio Judicial Colleges and Capital University Law School.  She is well known and highly respected by her colleagues throughout the state. See HERE.The cases addressed the court's gatekeeper function as it relates to the...

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