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DUI Court Process Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "DUI Court Process" (Page 23)

DUI Refusals and the Automatic License Suspension

According to Ohio Revised Code 4511.191, if probable cause exists to believe that you are operating a vehicle while impaired (commonly called a DUI) and you refuse to take a chemical test at the request of law enforcement, your license will be suspended immediately. Depending on previous offenses or refusals, you can have your license suspended for a period of 1 year to 5 years.  After a second offense your vehicle may also be immobilized.You, or your attorney,  can appeal the automatic license suspension (O.R.C. 4511.197)  at the initial court appearance which will be held within 5...

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Juvenile OVI (Operating a Vehicle After Underage Consumption)

Juvenile BAC Limit is .02 in Ohio O.R.C. 4511.19(B) makes it illegal for persons under 21 years of age to drive a vehicle with a concentration of .02 percent, but less than .08 percent by weight of alcohol by whole blood or breath, or with an equivalent amount by blood serum or plasma or urine.  (1994 S.B. 82, eff. 5/4/94).  In 2004, amended R.C. 4511.19(B) renamed the offense "operating a vehicle after underage consumption" (OVUAC).  In State v. Gibson, 2000 WL 303134 (Ohio Ct. App. 4th Dist. Ross County 2000), the Fourth Appellate District held that "because the pers se limit for...

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Fighting for Fairness in DUI Law

As anyone who follows this blog regularly knows, I have a deep and abiding hatred for the 1984 Ohio Supreme Court decision in State vs. Vega (1984), 12 Ohio St.3d 185, 465 N.E.2d 1303.  Vega has come to stand for the proposition that an attorney may challenge the particulars of his client's evidential breath test, but the standards and practices of breath testing as determined by the Ohio Department of Health are sacrosanct and cannot be challenged in court.  In this commentator's opinion, the Vega ruling allows junk science to become conclusive evidence (example: Ohio's adherence to a one-breath-test...

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Springfield Ohio DUI Information

Image via WikipediaIf you have been arrested for OVI in Springfield, Ohio, your misdemeanor OVI case will be heard in the Clark County Municipal Court.   If you need to find information about a case in the Clark County  Municipal Court you can search HERE for case information/case look-up,  or visit the court’s web site HERE.Charles M. Rowland II has represented the accused drunk driver in Springfield and the Clark County Municipal Court for over fifteen years.  Charles Rowland dedicates his practice to...

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DUI Court Process: The Stopping Sequence

You are driving home when you see a car following you closely.  The car is acting unlike any other car you have ever encountered and you begin to wonder if you are in danger.  At that point you see the flashing emergency lights and hear the piercing wail of a siren.  You heartbeat begins to spike, your stomach sours with a flood of cortisol and your hands begin to sweat.  Little do you know that the officer's DUI investigation has begun. The National Highway Traffic Safety Administration (hereinafter NHTSA) provides the training manual for law enforcement in detection of drunk drivers. ...

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Arrested for DUI in Bellbrook? Sugarcreek?

IF YOU ARE CHARGED WITH DUI IN BELLBROOK OR SUGARCREEK, YOUR CASE WILL BE HEARD IN THE XENIA MUNICIPAL COURT The Xenia Municipal Court has jurisdiction over OVI/DUIviolations of any ordinance, including in Bellbrook, and Sugarcreek, Ohio.  The honorable Michael Murry is the presiding judge of the Xenia Municipal Court and has made a great deal of  information available on the court's website (LINK).  Visit HERE to see case look-up information via the court's public access page and HERE for a schedule of fines.  Location:  Xenia Municipal Court is located on the second floor of Xenia City Hall, 101 N. Detroit Street. The...

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Juvenile DUI in Ohio and the Learner’s Permit

My 15 year-old was caught drinking. How will this affect her ability to get her license? Ohio has adopted a very low alcohol level for persons under 21.  R.C. 4511.19(B) sets the BAC level at .02 percent but less than .08 percent (by weight of alcohol by whole blood or breath, or with an equivalent amount by blood serum or plasma or urine).  These quasi-zero tolerance levels are justified by the fact that this age group accounts for a "disproportionate share of alcohol-related accidents." See Ohio Driving Under the Influence Law, 2009-2010 ed., Weiler & Weiler, pp. 24-25.  Juveniles who test...

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DUI Case Argued Before U.S. Supreme Court (Bullcoming v. New Mexico)

[caption id="" align="alignright" width="300" caption="Image via Wikipedia"][/caption]Is An Analyst Required To Appear In Court? The United States Supreme Court will hear oral arguments in Bullcoming v. State of New Mexic0 (Docket No. 09-10876) to decide "whether the Confrontation Clause permits the prosecution to introduce testimonial statements of a nontestifying forensic analyst through the in-court testimony of a supervisor or other person who did not perform or observe the laboratory analysis described in the statements."  According the the National College for DUI Defense, Stanford Associate Law professor Jeffrey L. Fisher, who brought and won the Crawford and Melindez-Diaz cases is slated to...

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Kettering Municipal Court, Information and Contacts

If you are arrested on suspicion of  OVI (drunk driving) in Centerville, Kettering, Moraine or Washington Township, your DUI case will be heard in the Kettering Municipal Court.   The Honorable Thomas Hannah and the Honorable Robert Moore serves as judges of the Kettering Municipal Court.  The Kettering Municipal Court, located at 2325 Wilmington Pike, Kettering, Ohio 45420 serves a population of over 117,000.  The court is open Monday through Friday, 8:30 am -- 4:30 pm and can be reached at (937) 296-2461.  You can access KMC on the web at www.KetteringMunicipalCourt.com.  Arrested in Moraine? Your case may be scheduled in...

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DUI LAW: Once There Was A Place Called Camelot

Image by Mr Mo-Fo via FlickrDON'T LET IT BE FORGOT, THAT ONCE THERE WAS A SPOT, FOR ONE BRIEF SHINING MOMENT, THAT WAS KNOWN AS CAMELOT. In State v. Homan, 89 Ohio St.3d 421, 2000-Ohio-212, 732 N.E.2d 952 (2000),  the Ohio Supreme Court ruled in favor of requiring the government to strictly comply with the standardized testing procedures set forth in the National Highway Traffic Safety Administration (hereinafter NHTSA).  NHTSA is the government agency tasked with determining what quasi-scientific tests are indicative of alcohol impairment.  The court concluded that "even minor deviations from the standardized procedures can severely...

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