06 May

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Ohio DUI Law: State v. Buitrago

State v. Buitrago, 2010-Ohio-1984, 93380 (OHCA8) Defendant-appellant, Mitchell , lost control of the car, struck the center median, and spun to a stop. Both of the passengers in his car were injured. He was convicted of two counts of aggravated vehicular assault (one count for each person). He argues that he should only be sentenced on one count of aggravated vehicular assault because his action arose out of one course of conduct.The 8th District Court of Appeals held that since there are two victims there are two seperate crimes that are not of similar import. Defendant can...

06 May

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SCRAM Alcohol Monitoring on Probation

Posted by Dayton DUI

in Drugs & Alcohol

SCRAM, which stands for Secure Continuous Remote Alcohol Monitoring is a bracelet worn by the defendant 24 hours a day 7 days a week. The bracelet will take periodic alcohol tests from the defendant's ankle and will store that reading until it is uploaded by the Probation Officer. The SCRAM Company will then analyze the data to determine if a defendant is, or has been, drinking. The SCRAM bracelet is a very sensitive piece of equipment. Those that wear it are prohibited from using any products that contain alcohol (i.e. hairspray, lotions, shampoos, toothpaste, mouthwash, etc.). If any of these products are used while...

30 April

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OVI LAW: “show up” identification upheld

Posted by Dayton DUI

in DUI Law

City of New Lexington v. Stanley, 2010-Ohio-1916, 09-CA-5 (OHCA5) FACTS: On September 20, 2008, Jennifer Stenson was outside of her home at 402 Mill Street, in New Lexington, Ohio, when she heard a car crash nearby. Ms. Stenson was sitting outside in her yard with several friends after a local high school football game when she heard the crash.Ms. Stenson, and others who were with her, began to look around for the source of the crash. As she walked towards an alley to the side of her house, Ms. Stenson observed a dark colored pickup...

27 April

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Ohio DUI/OVI Misdemeanor Charges Are Serious

Posted by Dayton DUI

in DUI Law, DUI Process

Image by abardwell via FlickrUnder Ohio DUI Law, it is a serious crime to drive any vehicle while your ability to drive is impaired by alcohol or drugs. While the most common acronym for impaired driving in Ohio is DUI (driving under the influence), it is also referred to as OVI (operating a vehicle while intoxicated), and OMVI (operating a motor vehicle while under the influence). No matter what acronym you refer to it as, it all describes the same crime and statute. The penalties for DUI in Ohio are extremely strict, and all involve exposure to jail or prison time. In...

23 April

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Ohio OVI Law: Allied Offenses

Posted by Dayton DUI

in DUI Law

State v. West, 2010-Ohio-1786, C. A. 23547 (OHCA2)Defendant was indicted on one count of aggravated vehicular assault, R.C. 2903.08(A)(1), and one count of operating a motor vehicle with a prohibited concentration of breath alcohol. R.C. 4511.19(A)(1)(h), (G)(1)(a). Defendant filed a motion to suppress evidence, including her statements to the police. Following a hearing, the trial court overruled Defendant's motion to suppress. Defendant also filed a motion to dismiss the indictment, which the trial court never ruled upon. Defendant subsequently entered pleas of no contest to both charges and was found guilty. The...

12 April

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Ohio DUI Law: State v. Barron (Ineffective Assistance of Counsel)

Posted by Dayton DUI

in DUI Law

State v. Barron, 2010-Ohio-1632, CA2009-04-105 (OHCA12) This case involves the issue of whether an attorney was ineffective in providing the defendant a defensebecause he didn''t challenge the Horizontal Gaze Nystagmus (HGN) test by filing a motion to suppress or object on foundational grounds during trial.To prevail on an ineffective assistance claim, an appellant must show that his trial counsel's performance fell below an objective standard of reasonableness and that appellant was prejudiced as a result. Strickland v. Washington (1984), 466 U.S. 668, 687-688, 693, 104 S.Ct. 2052. Prejudice exists where there is a reasonable probability...

12 April

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GetMADD

Posted by Dayton DUI

in Uncategorized

GetMADD, http://getmadd.com is a leading voice against the neo-prohibition tactics employed by Mothers Against Drunk Drivers. Here is a sample of their content:Follow the Money: And you thought it was about saving lives In 2006, MADD received $4,436,481 from arrestees who in MADD's words were 'forced' to sit in on their VIP panels. The 2004 figure was $3,749,000 The 2005 figure was $3,957,095 (More arrests=more money for MADD. Hmm). ...

24 March

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Standardized Field Sobriety Test Training

Posted by Dayton DUI

in Uncategorized

[caption id="" align="alignright" width="168" caption="Image by erjkprunczyk via Flickr"][/caption]Tomorrow, I will leave for South Carolina to attend the most recent National Highway Transportation Administration (NHTSA) Student class on the Standardized Field Sobriety Tests. This is the same training that police officers receive in their ADAP training. This training will allow me to augment my knowledge of the field tests and be able to offer my clients the best in DUI/OVI representation. This is in keeping with my commitment to be the very best DUI/OVI attorney that I can be.-Charles M. Rowland II-...

02 February

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Dayton Municipal Court

Posted by Dayton DUI

in Ohio Cities

[caption id="" align="alignleft" width="240" caption="Image by OZinOH via Flickr"][/caption]The Dayton Municipal Court was created in 1913 by the Ohio State Legislature and began its judicial operation in 1914. The court serves the citizens of Dayton, Ohio and is located at 301 West Third Street at the coner of Third and Perry Streets. Five full-time judges and two full-time Magistrates serve on the court. You can find out more about the Dayton Municipal Court by visitingwww.DaytonDUI.com or www.DaytonMunicipalCourt.com. One of my favorite features on the site is the recently added "pay fines on-line" program. If you find yourself facing a charge in...

27 January

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Dayton DUI Treatise: What is an Invalid Sample Reading?

Posted by Dayton DUI

in DUI Process

The following article appears on www.AVVO.com. Please visit me on AVVO where I have earned a 10/10 rating.Written by: Charles Melville Rowland II Fairborn, OH | Avvo Rating: 10.0 | Client Reviews (2) Add to list Print Send to a friend Share thisThe Problem “I was standing by the machine. It beeped and the officer told me to blow. I blew and blew. The officer got really mad and told me that I was messing with the machine. He said I had to do it again. He took out one ticket and put in another. The next time I blew again…really hard. He told me that I...

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