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DUI Court Process Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "DUI Court Process" (Page 2)
03 August
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OVI Attorney Ethics Rule 1.1 – Competence

Posted by Dayton DUI
in Uncategorized

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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03 March
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Springfield Red Light Camera Program Restrictions Upheld

Posted by Dayton DUI
in DUI Process

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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07 January
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Ohio Supreme Court Address Juvenile Prior OVI Offenses

Posted by Dayton DUI
in DUI Law

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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16 December
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Dayton Municipal Court To Include Translation Services

Posted by Dayton DUI
in Ohio Cities

Dayton Municipal Court to offer Translation Services The foreign born population in the United States has boomed over 57% in the last decade. More than one in 15 of our fellow Ohioans speak only "a little" English or speak "less than well." Russian, Swahili, Somoli, Turkish and other dialects make up a large proportion of the non-speaking population, as well as the growing Spanish-speaking population in the Dayton area. Language barriers can make it hard or confusing for citizens to access needed services, and criminal defendants and victims have the right to understand what’s happening in their cases.Welcome Dayton, the Dayton...

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14 December
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Supreme Court To Decide DUI Cases

Posted by Dayton DUI
in DUI Law

In a follow-up to its recent decision in Missouri v. McNeely, the Supreme Court agreed to decide whether a blood or breath test for drunk driving can be made without a search warrant and whether, if there is no warrant, an individual can be charged with a crime for refusing to take such a test.As in Ohio, North Dakota, state laws bars a person from driving in the state if he or she refuses to submit to a chemical test, of blood, breath or urine, to determine alcohol concentration. It makes refusal to take such a test open to prosecution...

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22 October
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Fairborn Municipal Court’s Vivitrol Drug Court Program Is Certified

Posted by Dayton DUI
in Drugs & Alcohol, Ohio Cities

The Fairborn Municipal Court's Vivitrol drug court has received certification. According to the very good story in the Fairborn Herald, The Fairborn Municipal Vivitrol Drug Court program aims to teach individuals how to live a drug and alcohol-free life. Those accepted are expected to be able to do so within two years of entering the program. It is broken into four phases, and individuals will begin Vivitrol treatment within the first phase, and possibly discontinuing the drug during or after the fourth phase, depending on the individual. In the first phase, participants are screened a minimum of two times per week, visit...

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13 October
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Why Was I Charged With Two OVI Offenses?

Posted by Dayton DUI
in Uncategorized

Why Was I Charged With Two OVI Offenses?   Often, the arresting law enforcement officer will charge both the per se (you tested over the legal limit of .08) and appreciable impairment (you looked and acted drunk), knowing that you cannot be convicted of both.  In essence, the officer is hedging his bets, hoping that if your test is found to be faulty you can still be found guilty of being impaired.At your trial or sentencing hearing, your conviction will either be for the per se or appreciable impairment charge.  At DaytonDUI, we will help you understand the pros and cons of any plea agreement and empower...

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02 September
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Ohio OVI Laws: Immobilization (First Offense)

Posted by Dayton DUI
in Uncategorized

If you do not have a prior OVI offense, getting your car back is relatively easy as Ohio OVI laws do not authorize immobilization as a penalty for a first offense.  Here are the steps you should take to get your car back.Locate the proper tow lot; Gather enough cash (or other proper payment) to pay towing and storage fees; Gather proof of ownership; and If you were placed under and Administrative License Suspension, get a licensed driver to drive your car from the impound lot.If you have trouble with ANY of the items above, contact your OVI attorney and they will help get your...

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