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DUI Court Process Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "DUI Court Process"

DUI Process Overview: What Does Your Attorney Do Prior To Trial

DUI Process Overview - What Does Your Attorney Do? To understand your case, we offer this DUI process overview. It will help you understand what your attorney does. It also lets you participate in your case. You are in charge. An attorney will spend a great deal of time listening to your version of events. He will scrupulously track down potential witnesses and talk to every person who was with you on the night you were arrested. If possible, the attorney will get a copy of your bar bill to show exactly what you had to drink. Your attorney will also explain...

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What Happens At Your OVI First Appearance?

The following will happen when you appear for your OVI First Appearance. At your OVI first appearance you will be called into a big room with many people facing many different types of charges. The Judge, will explain the complaint or charge.  This details the offense(s) you are charged with. In addition, the Court must explain it to you if you do not understand the nature of the charge(s). The Judge will also advise you of the potential penalties.  Many people will  plead guilty to the charges and receive their punishment.  We are often confronted with people who regret their OVI arraignment...

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What Happens At A DUI Pre-Trial?

What Happens At A DUI Pre-Trial? We are often asked questions about what happens at a DUI pre-trial.  The following video explains what you will likely encounter. Our goal at the pre-trial hearing is to have the prosecutor look at the case from the perspective of the accused. We do this by focusing on the decision-making process of the arresting officer and what else could have been done to reach the conclusion that a person was impaired.  The pre-trial represents the best opportunity to resolve the case prior to trial.  In fact, the biggest decision most people will face in their OVI...

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An Overview Of The OVI Process From Beginning To End

In this video, we walk you through the typical OVI process. OVI PROCESS - ARRAIGNMENT Following an OVI arrest, you will attend your ARRAIGNMENT. This hearing is designed to allow you to enter a plea. No doubt, you will have considered getting an attorney. We offer a free consultation. Furthermore, I make myself available immediately. If you have an attorney at this point, you may not have to attend this hearing. If you hire me, we file paperwork with the court. This paperwork will tell the court you have an attorney. In addition, we file other important papers to protect your rights....

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Wright-Patterson Air Force Base DUI?

Who Has Jurisdiction Over the Wright-Patterson Air Force Base DUI? Jurisdiction over DUI charges at Wright-Patterson Air Force Base may be military, civilian or both. When both entities file charges, they often coordinate to determine which will prosecute the offense criminally. Because he or she is always subject to the UCMJ, an offender cannot be tried twice criminally.  But because he or she is always subject to the UCMJ, they may face both civilian and military administrative punishment. The place of arrest and the authorities involved typically dictate jurisdiction. An active-duty serviceperson arrested on-base and charged with DUI faces one or more of...

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Admitting OVI Blood Tests Made Easier By Ohio Supreme Court

A REVIEW OF BLOOD TEST REGULATION IN OHIO In Ohio, a blood test is administered by a crime lab or the collecting health care agency. The blood must be drawn by a licensed medical professional.  In cases where blood tests are administered by a crime lab, the Ohio DUI driver’s blood sample must be drawn within three hours of the perceived infraction.  In addition, it must be tested in compliance with regulations drafted by the Ohio Department of Health. Because of their complexity, an attorney focusing on DUI defense exclusively should be considered. Please consult the articles on the ODH rules on this...

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OVI Attorney Ethics Rule 1.1 – Competence

What is the first ethical rule for a OVI attorney?  It iss set forth at the American Bar Association - Model Rules of Professional Conduct, Rule 1.1. This is the rule regarding competence.  It states, "A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation."  OVI cases are among the most complex because of the scientific elements of the case. As your attorney, I must be familiar with the statutory and case-made law regarding OVI. In addition I must have a working knowledge of: the NHTSA standardized field sobriety...

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Springfield Red Light Camera Program Restrictions Upheld

Springfield was trying to defy the (relatively) minor rules placed on their use of automated ticketing machines. On Friday, the Second District Court of Appeals ruled that it was entirely constitutional for the legislature require police presence where photo ticketing devices are in use (view ruling). Springfield refused to make any changes at all in the way their private vendors operated. They filed suit to block enforcement, objecting to the new law's requirement that a safety study justify the use of a camera and the prohibition on ticketing vehicles allegedly traveling 5 MPH or less over the speed limit. "Upon review, we conclude...

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Ohio Supreme Court Address Juvenile Prior OVI Offenses

In State v. Bode, 144 Ohio St.3d 155, 2015-Ohio-1519, the Ohio Supreme Court decided an issue affecting juveniles and the ability of the state to enhance a DUI charge based on prior juvenile adjudications. As a juvenile, the defendant was arrested for violating an equivalent offense 4511.19(A)(1)(a), colloquially referred to as a DUI charge. He was not represented by counsel. By 2011 Bode had been convicted of three more DUI charges. In 2011, Bode was indicted for and convicted of felony DUI charges. The cases were felonies because of Ohio enhancement statute R.C. 4511.19(G)(1)(d), which relied on his prior juvenile offense...

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