a

Facebook

Twitter

Copyright 2019 Dayton DUI.
All Rights Reserved.
 

DUI Court Process Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "DUI Court Process" (Page 16)

Ohio DUI Law: What is an “Alford” Plea

An “Alford plea” is a specialized type of guilty plea when the defendant, although pleading guilty, continues to deny his or her guilt but enters the guilty plea because the defendant believes that the offered sentence is better than what the outcome of a trial is likely to be. State v. Schmidt, 3d Dist. No. 10- 10-04, 2010-Ohio-4809, ¶13. See, also, State v. Piacella (1971), 27 Ohio St.2d 92, 271 N.E.2d 852. The term “Alford plea” originated with the United States Supreme Court's decision in North Carolina v. Alford (1971), 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162, wherein...

Continue reading

Federal Court DUI

Misdemeanor drunk driving charges occurring on federal lands (such as national parks and military bases)  fall under the jurisdiction of the federal courts.  Established in 1803, the United States District Court for the Southern District of Ohio handles over 400 criminal cases a year in 48 of Ohio's 88 counties.  The court has an eastern division, located in Columbus and two western divisions located in Dayton and Cincinnati.  If you are arrested for a federal DUI offense in Champaign, Clark, Greene, Darke, Miami, Montgomery, Preble or Shelby counties you will appear in Dayton's Federal Building, 200 W. Second St., Dayton, Ohio...

Continue reading

Ohio DUI Law: Admissibility of the Standardized Field Sobriety Tests

Ohio Revised Code 4511.19(D)(4)(b) sets forth the standards for admissibility of the results of field sobriety tests in OVI (drunk driving) prosecutions.  See State v. Bozcar, 113 Ohio St. 3d 148, 2007-Ohio-1251, 863 N.E.2d 115 (2007).  In order for the tests to be admissible, the State must demonstrate:By clear and convincing evidence. The Officer administered the tests in substantial compliance. The testing standards for any reliable, credible, and generally accepted test. Including, but not limited to, the standards set by NHTSA.The only guidance provided for determining the meaning of "substantial compliance" has come from State v. Burnside, 100 Ohio St. 3d 152, 2003-Ohio-5372...

Continue reading

Ohio DUI Law: Another Jurisdiction Dumps the Intoxilyzer 8000

Add Cincinnati to the Jurisdictions Not Relying on the Intoxilyzer 8000 It appears that the ruling from the 12th District Court of Appeals upholding the use of the Intoxilyzer 8000, despite clear language in the Ohio Administrative Code requiring a dry gas control prior to each subject test, has not saved the Intoxilyzer 8000 in nearby Hamilton County.  In May, Municipal Court Judge Melissa Powers agreed and ruled the machine must be cleared after each breath test. Her ruling threw OVI prosecutions within Cincinnati into limbo because defense attorneys used it to attack drunk-driving allegations made using that machine.  Cincinnati City Prosecutor Charlie...

Continue reading

Ohio DUI Law Update: Appellate Court Upholds Intoxilyzer 8000

In the first appellate decision involving the Intoxilyzer 8000, Ohio's 12th District Court of Appeals ruled that tests should be allowed despite the plain language of the Ohio Administrative Code.  The ruling is the first setback to defense attorneys (like me!) who have challenged the implementation of the machine in Ohio.  The case is State v. Kormos, 2012-Ohio-3128 and you can read the full decision HERE.At issue was Ohio Administrative Code section 3701-53-04 which incorporates the new rules for calibrations of the Intoxilyzer 8000. See O.A.C. 3701-53-04(B) as set forth below.  The “new” standards “automatically perform a dry gas control test before...

Continue reading

OVI in the Franklin Municipal Court (Warren County)

If you are arrested for DUI anywhere inFranklin, Ohio your case will be heard in the Franklin Municipal Court.  The Franklin Municipal Court is located at 1 Benjamin Franklin Way, Franklin, Ohio 45005.  The Franklin Municipal Court shares the municipal building located at the corner of Fourth and Riley with the City of Franklin adminstrative offices.[directions]  You can contact the  court by phone at  937-746-2858 or by fax at 937-743-7751.  The Franklin Municipal Court hours are: Monday: 8:30 AM until 5:00 PM, Tuesday: 8:30 AM until 7:00 PM, Wednesday: 8:30 AM until Noon, Thursday, Friday:: 8:30 AM until 5:00 PM.  The Judge of the Franklin Municipal Court is the Honorable Rupert E. Ruppert who has...

Continue reading

Arrested for OVI in Enon? You Will Appear In The Enon Mayor’s Court

The Enon Mayor's Court is located at 363 East Main St. in Enon, Clark County, Ohio.  If you find yourself arrested for OVI in Enon, you will appear before Magistrate Stephen Hume.  Court is conducted at Wednesday evening at 6:00 p.m.  For information about the Enon Mayor's Court you can visit their website HERE or contact the Enon Mayor's Court by email atenoncourt@enonohio.com.  If you are sending a payment to the court, please use the following address: Enon Mayor's Court, PO Box 232, Enon, OH  45323 or call the Court at (937) 864-7870. OVI is a serious crime and you should seriously...

Continue reading

Ohio DUI Law: Probation

If you are charged with a DUI (now called OVI; operating a vehicle impaired) chances are you will be placed on probation at the disposition of your case.  Probation is now called "community control" and provides for terms and conditions you must comply with in order not to go to jail.  Probation requires you to work with a "probation officer" (P.O.) for a given period of time as set by the court.  Often, a court will only keep you on probation until you have paid all fines and costs and complied with the requirements of your punishments.  In most courts,...

Continue reading

DUI in the Franklin Municipal Court (www.FranklinDUIdefense.com)

If you are arrested for DUI anywhere in Franklin, Ohio your case will be heard in the Franklin Municipal Court.  The Franklin Municipal Court is located at 1 Benjamin Franklin Way, Franklin, Ohio 45005.  The Franklin Municipal Court shares the municipal building located at the corner of Fourth and Riley with the City of Franklin adminstrative offices.[directions]  You can contact the  court by phone at  937-746-2858 or by fax at 937-743-7751.  The Franklin Municipal Court hours are: Monday: 8:30 AM until 5:00 PM, Tuesday: 8:30 AM until 7:00 PM, Wednesday: 8:30 AM until Noon, Thursday, Friday:: 8:30 AM until 5:00 PM.  The Judge of the Franklin Municipal Court is the...

Continue reading

DUI Charges In The Madison County Municipal Court

If you are arrested for DUI anywhere in Madison County, your misdemeanor DUI case will be heard in the Madison County Municipal Court.  The Madison County Municipal Court is located at 1 North Main St. in downtown London, OH in the historical Madison County Courthouse [MAP].  Court mail should be sent to P.O. Box 646, London, Ohio 43140.  The Court is open Monday through Friday from 8:00 am until 4:00 pm.  You can contact the Court  by phone at (740) 852-1669, or by fax at (740) 852-0812.  The Court  also has a dedicated jury information number at (740) 845-1772.  The Honorable Eric M. Schooley...

Continue reading