a

Facebook

Twitter

Copyright 2019 Dayton DUI.
All Rights Reserved.

9:00 - 17:00

Our Opening Hours Mon. - Fri.

Facebook

Twitter

Search
OVI Menu
 

DUI Court Process Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "DUI Court Process" (Page 29)

Science Wins at the Supreme Court

[caption id="" align="alignleft" width="300" caption="Image via Wikipedia"][/caption]Today in an per curiam decision, the United States Supreme Court reversed the Virginia Supreme Court and remanded the case to Virginia in light of its recent decision in Melendez-Diaz v. Massachusetts.  This is good news for the lawyers and defendants everywhere that wish to challenge and/or rely upon scientific evidence in their trials.  It means that the government still has to bring live witnesses to trial to testify and be subject to cross-examination.  It was widely thought that the four dissenters in Melendez-Diaz granted cert on this case in an effort to quickly overturn...

Continue reading

Ohio OVI Law: State v. Rogers (sentencing issue)

State v. Rogers, 2010-Ohio-197(CA11) The issue in this case is whether or not the Girard Municipal Court properly considered the sentencing factors of  R.C. 2929.22.  The 11th District Court of Appeals held that "a silent record raises the presumption that the trial court correctly considered the appropriate sentencing criteria.” Peaspanen, 2005-Ohio-4658, at ¶29."Practice Pointer:  If you have an issue regarding sentencing, you better raise it at the sentencing....

Continue reading

Ohio Supreme Court Justice Florence Ellinwood Allen

Image via WikipediaFlorence Ellinwood Allen, the first woman to serve as a Justice on the Supreme Court of Ohio, was named today as one of four 2010 Great Ohioans by the Capitol Square Review and Advisory Board and the Capitol Square Foundation.Selected from nominations submitted by individuals and organizations throughout Ohio, the awards commemorate special Ohioans who have played a significant role in an event or series of events of lasting significance in World, American or Ohio history. Honorees must have been born in Ohio or lived in the state for at least five years. In addition,...

Continue reading

Ohio Second District Court of Appeals

The majority of the Miami Valley is served by Ohio's Second District Court of Appeals.  You can visit the Court of Appeals here.  General questions about the 2nd District Court of Appeals should be directed to: Ronald E. Mount, Court Administrator Erin E. Scanlon, Deputy Court Administrator Second District Court of Appeals of Ohio 41 N. Perry Street, Fifth Floor P.O. Box 972 Dayton, Ohio 45422-2170 Phone/Fax Numbers: (800)608-4652 (within Ohio),   (937)225-4464,   (937)496-7724 (fax)...

Continue reading

Vandalia Municipal Court in Vandalia, Ohio

One of the greatest things about being a DUI/OVI attorney is visiting the different courts throughout Ohio.  I have started taking pictures of the courts I visit as a kind of photographic journal.  This week I visited the Vandalia Municipal Court which is located at 245 James Bohanan Dr., Vandalia, Ohio45377.  You Can contact the court at (937) 898-3996.  The Judge is the Honorable Cynthia M. Heck. Visit the court at: www.VandaliaCourt.com, or by email at: vmc@vandaliacourt.com....

Continue reading

Ohio Supreme Court: Wilson v. Cincinnati (1976)

The Ohio Supreme Court has held that the Fourth Amendment prohibits placing a defendant in a position of choosing between allowing a warrantless search or facing criminal penalties. Wilson v. Cincinnati (1976), 46 Ohio St.2d 138, 145, 346 N.E.2d 666.  This is an important protection which places sensible limits on police power.  The picture to the left is of Ohio's Supreme Court, a magnificent structure located in downtown Columbus, Ohio. ...

Continue reading

Ohio Supreme Court Upholds Fourth Amendment (State v. Smith, 2nd District)

2008-1781.  State v. Smith, Slip Opinion No. 2009-Ohio-6426. Greene App. No. 07-CA-47, 2008-Ohio-3717.  Judgment of the court of appeals reversed, and cause remanded to the trial court. Moyer, C.J., and Pfeifer, O'Connor, and Lanzinger, JJ., concur. Lundberg Stratton, O'Donnell, and Cupp, JJ., dissent. Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-6426.pdf(Dec. 15, 2009) The Supreme Court of Ohio ruled today that the Fourth Amendment prohibition against unreasonable searches and seizures requires police to obtain a warrant before searching data stored in a cell phone that has been seized from its owner in the course of a lawful arrest when the search is not necessary to protect the safety of law enforcement...

Continue reading

Ticketed for Sounding TOO Fast!

Image by myfear via FlickrOhio Court of Appeals rules that a police officer cannot issue a speeding ticket because a car sounds fast.The Ohio Court of Appeals on Monday ruled that a motorist cannot be convicted of speeding based solely on how fast his car may have sounded. On October 18, 2007, Patrolman Ken Roth ticketed Daniel Freitag in the village of West Salem as Freitag was driving with his wife Jane on US Route 42. Roth claimed his radar unit clocked Freitag at 42 MPH in a 35 zone. Roth also claimed he could hear Freitag's 2006 Lincoln...

Continue reading

Ohio DUI Law: Geneva v. Fende (reasonable articulable suspicion, probable cause)

Geneva v. Fende, 2009-Ohio-6380, 2009-A-0023 (OHCA11)Criminal Appeal from the Ashtabula County Court, Western Division, Case No. 2008 TRC 2112. Lauren A. Gardner, City of Geneva Law Director, For Plaintiff-Appellant. Daniel J. Kolick and Michael T. Schroth, Kolick & Kondzer, For Defendant-Appellee. OPINIONCYNTHIA WESTCOTT RICE, J.{¶1} Appellant, the city of Geneva, appeals the judgment of the Ashtabula County Court, Western Division, granting appellee Nicole M.Fende's motion to suppress. At issue is whether police had reasonable suspicion to subject her to an investigative stop. Because we hold appellee's stop was not warranted, we affirm.{¶2} Appellee was charged in the trial court with operating a motor...

Continue reading

Failing to Provide Criminal Discovery

Image via WikipediaWhat are the appropriate sanctions for the prosecuting attorney's failure to provide discovery?  In Taylor v. Illinois, 484 U.S.400, 108 S.Ct 646 (1988) the United States Supreme Court held these factors to be important to the court's consideration in fashioning sanctions: (a) The reason for non-disclosure;(b) Any prejudice to the party seeking disclosure;(c) The relevance and importance of the non-disclosed materials;(d) The ability of the party reasonably to make disclosure;(e) The relevance and importance of the non-disclosed material;(f) Whether a continuance can rectify any prejudice; and(g) Whether the failure to disclose was negligent, willful or in...

Continue reading