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DUI Court Process Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "DUI Court Process" (Page 24)

Miamisburg Municipal Court Information

www.MiamisburgDUI.com If you are arrested on suspicion of OVI (drunk driving) in Miamisburg, West Carrollton, Germantown, German Township or Miami Township, your misdemeanor DUI case will be heard in the Miamisburg Municipal Court.  The Honorable Robert E. Messham, Jr. has presided over the Miamisburg Municipal Court since 1989. John F. Kolberg serves as the Court's Magistrate.  The Miamisburg Municipal Court, located at 10 N. First Street, Miamisburg, Ohio 45342, serves a population of over 80,000 and handles in excess of 15,000 cases per year.  The court is open Monday through Friday, 8:00...

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Eaton Municipal Court, Preble County, Ohio

The Eaton Municipal Court is located at 1199 Preble Dr., Eaton, Ohio.  The jurisdiction of the court covers all of Preble County, Ohio and has been served by the honorable Paul D. Henry for many years.  You can access the court's web site here, or contact them by phone at  (937) 456-4941 or fax at (937) 456-4685.  The court's public access/case information is available here.  If you have been arrested for OVI in Eaton, or anywhere in Preble County, you can post bond at the Eaton Police Department after-hours and on weekends at 328 N. Maple St., Eaton, Ohio 45320. Charles...

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Ohio OVI Law: What is an Arraignment?

The first hearing in an Ohio DUI case is the arraignment.  Ohio arraignments are governed by Rule 8 of the Ohio Traffic Rules (Traf. R. 8).  The purpose of the arraignment is to assure that the accused is aware of the charges against him or her, and that the accused is made aware of his or her rights. (Traf. R. 8(B)) At this hearing, the court will, in open court, read the charge and ask the defendant to enter a plea.  Prior to asking for a plea the arraigning judge must be satisfied that the accused understands (1) the right...

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Military DUI: What Happens Now?

The consequences of an OVI while serving active duty in the military can be devastating: dishonorable discharge, rank reduction, pay deduction, loss of security clearance, fines and jail time and mandatory military counseling sessions and potential exclusion from some sensitive operations.  Military regulations often subject its members to enhanced Non-Judicial Punishment (NJP), which go above and beyond the punishments allowed by civilian law.  We are seeing more cases where the leadership is “cracking down” on drunk driving offenses and promising to end the career of personnel who are found guilty of an OVI offense.  This limits the ability of commanding...

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Springfield Ohio OVI Checkpoint Canceled

Image via WikipediaPlans for an OVI checkpoint tonight in Springfield, Clark County, Ohio have been canceled due to the inclement weather.  The cancellation was announced in today's edition of the Springfield News Sun.  A new date for the checkpoint has not been announced. If you need help this weekend please contact Springfield DUI attorney Charles M. Rowland II at (937)318-1DUI or on the 24/7 DUI Hotline at (937)776-2671.  Follow checkpoint developments in Clark County, Ohio by signing up for text alerts at www.DaytonDUI.com/blog, or you can text DaytonDUI (one word) to 50500. Related articlesSpringfield Receives Grant for Increased OVI...

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DUI Law: Appellate Review & Motion to Suppress

I have written extensively about the importance of filing a motion to suppress to challenge the evidence that the State can use against a defendant in a DUI case.  Counsel can use the motion to suppress as an informal discovery tool, as an informal deposition of the State's witnesses, as a dry run of your scientific defense, or as a method of attacking the State's witnesses.  Whatever your strategy, the goal is to win.  But what if you don't?A defendant has not direct appeal from a decision overruling a motion to suppress because an adverse ruling is not considered a...

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Ohio Death Penalty: The Time Has Come

"An Ohio Supreme Court justice who helped write the state's death penalty law three decades ago and has more recently questioned its interpretation called Tuesday for an end to capital punishment in the state." (SOURCE)Justice Paul Pfeifer, the judge some call the father of Ohio's death penalty, has come out against the State's imposition of death.  He goes on to call for Ohio governors to commute the sentence of those currently on death row to that of life without the possibility of parole. Ohio has 157 men and one woman on death row. Of those, 43 were...

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Happy MLK Day, A Salute to Thurgood Marshall

One of the heroes of the law is the Honorable Thurgood Marshall.  Marshall won his very first U.S. Supreme Court case, Chambers v. Florida, 309 U.S. 227 (1940), at the age of 32. That same year, he was appointed Chief Counsel for the NAACP. He argued many other cases before the Supreme Court, most of them successfully, including Smith v. Allwright, 321 U.S. 649 (1944); Shelley v. Kraemer, 334 U.S. 1 (1948); Sweatt v. Painter, 339 U.S. 629 (1950); and McLaurin v. Oklahoma State Regents, 339 U.S. 637 (1950). His most famous case as a lawyer was Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), the...

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Arrested for OVI in Ohio? How You Act is Important

Your behavior with law enforcement can be vital to the officer's decision making. Investigating officers are given a great deal of discretion in handling any situation. They may simply be seeking information to put in their report or they may be deciding whether or not to issue a citation. At the initial stage you must know your rights in order to protect yourself and, if necessary, aid your attorney in presenting your case to a jury. At this point it is vital to remember anything you say or do will be used against...

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State v. Vega, shackling Ohioans for over 25 years!

State v. Vega shackles Ohioians  The following post is from a respected national DUI attorney, Lawrence Taylor,  a man I respect.  Here he lays out the best and most damning argument against Ohio's decision to prevent defendant's from challenging the breath test machine.  The decision he is criticizing is State v. Vega.  It is the position of this blog that this decision is badly decided and should be overturned. Posted by Lawrence Taylor on December 4th, 2008I received a lot of email from readers who think there was some misunderstanding at the end of my last post, that it could not possibly...

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