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DUI Court Process Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "DUI Court Process" (Page 12)

DUI Blood Test and Miranda Rights

Miranda rights are required to be given when an “investigatory stop” turns into a “custodial investigation.” Miranda v. Arizona (1966), 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694.  In other words, only when a traffic stop becomes “custodial” does the officer need to advise the defendant of his or her Miranda rights.  “Under Miranda v. Arizona (1966), 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694, statements stemming from custodial interrogations are admissible only after a showing that the procedural safeguards have been followed. “Custody” is when a defendant is taken into custody “or otherwise deprived of his freedom by...

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DUI Accidents and Ohio Law (Aggravated Vehicular Homicide & Aggravated Vehicular Assault)

If you are involved in an accident while driving under the influence in Ohio you face very harsh penalties. Aggravated Vehicular Homicide, O.R.C. 2903.06,  is a crime that results from the death of another caused by the defendant’s operating a vehicle while impaired (a violation of R.C. 4511.19)  or while driving negligently or recklessly.  The statute  encompasses driving an automobile recklessly or negligently (called Vehicular homicide) whether or not alcohol played a part in the death.  Often, defendants are indicted for multiple counts, with additional counts for each victim of the accident.Under the reckless section of the statute you will be...

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Why Was I Charged With Two OVI Offenses?

There are two ways to be charged with OVI (drunk driving) in Ohio.  Often, both are charged for reasons that will be addressed shortly.  First, let's explore what the two charges mean."Per Se" Offenses:  per se is a latin phrase meaning "in itself."  It is also a legal term of art defined in Black's Law Dictionary as "taken alone...

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Arrested at Wright-Patterson AFB?

  WE CAN HELP IF YOU ARE ARRESTED ON BASE We have a former J.A.G. officer on staff to help with military DUI/OVI cases.  Located conveniently near Wright-Patterson Air Force Base, Charles M. Rowland II has successfully represented active-duty military, contractors, and civilian employees for over 15 years.  He knows how to deal with issues of deployment, security clearances, loss of rank, loss of on-base driving privileges and issues related to out-of-state licenses.  If you find yourself arrested for OVI in or near Wright-Patterson Air Force Base and you will be required to appear in the United State Federal Court or the...

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Service and Personal Jurisdiction in OVI Cases (by DaytonDUI)

In order to have personal service over a defendant in an OVI case, the court must be satisfied that the citation has been properly served pursuant to Ohio Traffic Rule 3(E). Toledo v. Williams, 1991 WL 3811 (Ohio Ct. App. 6th Dist. Lucas County 1991).  Taffic Rule 3(E) requires that the officer who completes the complaint sign the ticket and serve the citation on the defendant. See City of Cleveland v. Trzebuckowski, 2002-Ohio-584 (Ohio Ct. App. 8th Dist. Cuyahoga County 2002), holding that the officer's printing of his name instead of signing in cursive was sufficient to have satisfied the...

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Dayton OVI Attorney Charles M. Rowland II

Dayton OVI attorney Charles M. Rowland II serves the Dayton Municipal Court.If you are arrested on suspicion of  drunk driving in the City of Dayton, your misdemeanor case will be heard in the Dayton Municipal Court.  The Dayton Municipal Court is located at 301 West Third Street Dayton, Ohio 45402.  You can visit the Dayton Municipal Court’s website at: www.DaytonMunicipalCourt.org. Office hours for the Clerk of Court are 8:00am to 4:30pm, Monday through Friday, excluding holidays, for the acceptance of case filings and payments. Parking, Traffic and Criminal payments can also be paid online at www.PayMyFine.org.  A full list of contact numbers is available...

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Arrested for OVI in Xenia, Ohio?

FORMER XENIA CITY PROSECUTOR CHARLES M. ROWLAND IIYou may be thinking, I’m in trouble, I’m going to lose my license, and I may even end up in jail after being arrested for OVI in Xenia, Ohio. The truth is if you are convicted of DUI (now called OVI) in Ohio, there are serious consequences according to Ohio drunk driving laws. But what you may not realize is that there are defenses in an OVI case. A good drunk driving defense lawyer can save you from harsh consequences. Remember, this isn’t an open and shut case. There are ways to defend a...

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OVI in Huber Heights? (by Dayton DUI)

Does Huber Heights Have Its Own Municipal Court? If you are arrested for misdemeanor DUI / OVI in Huber Heights your case will be heard in the Montgomery County Municipal Court, Eastern Division.  Many refer to this as the Huber Heights Municipal Court, but the court’s jurisdiction is larger, covering regions in north-east Montgomery County including the city of Riverside, Ohio.  The Montgomery County Municipal Court is located at 6111 Taylorsville Rd.,Huber Heights, OH 45424-2951.  You can contact the court’s Traffic/Criminal Division at  (937) 496-7231, the Civil Division at (937) 225-5824 and you can fax information to (937) 496-7236. Charles M. Rowland II appears regularly in the Montgomery County Municipal Court (Huber Heights...

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Appellate Decision: Rules (as written) Don’t Apply

A recent 10th District Court of Appeals decision in State v. Castle, 2012-Ohio-6028, decided on an interpretation of the Ohio Administrative Code that will allow the government to use both a BAC DataMaster or any other approved device to prosecute drunk driving cases in Ohio.  The court determined only the limited issue of whether the issuance of an operator access card under Ohio Adm.Code 3701-53- 09(D) prohibits the operator from performing breath tests using an instrument for which the operator also has been issued either an operator or senior operator permit under Ohio Adm.Code 3701-53-09(B)."The BAC DataMaster and Intoxilyzer 8000 are...

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Can A Defendant Waive A Jury Trial In Ohio? (by DaytonDUI)

Controversial Jury Bill Dies In Committee Ohio is one of 21 states that give the power to decide whether or not to have a jury trial solely to the defendant.  Thus, a defendant can, at any point, decide against a jury trial and opt for a trial only to the judge.  This is often done in serious OVI cases wherein a technical or scientific point is the most salient point.  It is particularly apt when a defendant wants to avoid allowing the prosecution to enflame the jury with sympathetic evidence of injuries or in cases where the defendant has a lengthy...

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