21 August

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Kettering DUI Sobriety Checkpoint Announced

The Ohio State Highway Patrol along with officers from multiple jurisdictions will be conducting a DUI checkpoint tonight in Kettering, Ohio. There will be two stop areas set up along Wilmington Pike near I-675. Persons arrested at this stop will appear in the Kettering Municipal Court for their initial appearance on charges of drunk driving, now commonly referred to as OVI (operating a vehicle impaired). Charles Rowland has established a web site dedicated to defending the accused drunk driver in Kettering, Ohio: www.KetteringDUI.com. If you find yourself in need of representation in the Kettering Municipal Court for any charged related...

13 August

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Ohio’s Chief Justice Addresses Columbus Metropolitan Club

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Image by jimmywayne via FlickrChief Justice Thomas J. Moyer, Columbus Metropolitan Club, Aug. 12, 2009Carol, thank you for the warm introduction and for the opportunity to speak to the members and guests of the Columbus Metropolitan Club.This is my third appearance in eight years and I always feel at home here because you represent the bright side of community and civility ...

04 August

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Supreme Court Ruling Bad for Red-Light Cameras

Posted by Dayton DUI

in DUI Process

[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption]Red light camera and speed camera manufacturers fear that last month's US Supreme Court ruling in the case Melendez-Diaz v. Massachusetts could create legal turmoil for the industry. The National Campaign to Stop Red Light Running issued a statement yesterday warning that the ruling has armed motorists with a greater ability to challenge the basis of automated traffic citations. Speed cameras, for example, depend heavily on legal faith in a certificate that claims to confirm the total reliability of a machine's speed reading. In the Melendez-Diaz case, the high court ruled that merely producing...

30 July

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Confrontation Clause Upheld at US S.Ct.

Posted by Dayton DUI

in DUI Law

[caption id="" align="alignright" width="180"] Image via Wikipedia[/caption]The United State Supreme Court decided a very important case that impacts directly upon DUI trials. In Melendez-Diaz v. Massachusetts, the Court held that lab reports which are used as evidence in trial are “testimonial” as defined by Crawford v. Washington and Davis v. Alaska. What this means for prosecutors is that the witness must be called as a witness and be subject to cross-examination. The majority consisted of Justices Scalia, Stevens, Souter, Thomas and Ginsburg. Justice Kennedy wrote the dissent and was joined by Justices Alito, Roberts and Breyer.The dissent attempts to...

14 July

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Ohio Magistrates Are Governed by Crim.R. 19

Posted by Dayton DUI

in DUI Law

[caption id="" align="alignright" width="210" caption="Image via Wikipedia"][/caption]When you are arrested on a criminal case, you may find yourself in front of a magistrate instead of a judge. This is common, but may cause confusion if you are asked to give your consent to allow the magistrate to hear your case. Set forth below is a cursory examination of the authority given to criminal magistrates in Ohio.Criminal Rule 19 governs the authority of magistrates in the municipal courts. A court can refer to the magistrate any of the following: (1) Initial appearances and preliminary hearings conducted under Criminal Rule 5. (2)...

07 July

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DUI Motion to Suppress; Who has the burden of going forward?

Posted by Dayton DUI

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Ohio law has reached a consensus on who bears the burden of going forward in DUI/OVI motions to suppress when this issues involve an illegal stop and arrest. In Xenia v. Wallace (1988), 37 Ohio St.3d 216, 524 N.E.2d 889, the court ruled that the state had the burden of going forward and the burden of proof to justify a seizure once it has been shown that the seizure was made without a warrant. Therefore, if your motion to suppress is based on a refusal or pre-arrest decisions, the state must carry the water.Much less clear to judges and practitioners is...

23 June

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U.S. Supreme Court upholds Fourth Amendment

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[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption]In one of his final decisions, if not his final one, as a justice, Supreme Court Justice David Souter ruled for a divided Court Thursday morning that the intrusive strip search of an Arizona middle-school girl in pursuit of drugs was a violation of her Fourth Amendment rights. But because the constitutional standard was not clear at the time of the search, the Court agreed that the assistant principal who ordered the search in 2003 was entitled to qualified immunity from liability for the violation. The ruling...

10 June

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How Do I Choose A DUI/OVI Attorney?

Posted by Dayton DUI

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[caption id="" align="alignright" width="144" caption="Image by umjanedoan via Flickr"][/caption]Choose a lawyer who is knowledgeable and competent in the field of criminal law and has taken steps to further his or her education in the field. Charles Rowland maintains membership in the National College of DUI Defense and in the National Motorists Association. Choose an attorney who is able to answer your questions and spends time addressing your concerns. The attorney is going to be your guide throughout this process so make sure it is someone who you are able to talk with openly...

01 June

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Montgomery County Area Two Court in Huber Heights, Ohio

Posted by Dayton DUI

in Ohio Cities

If you are arrested for DUI (now known as OVI – operating a vehicle impaired) in Montgomery County, Ohio you may go to one of several Municipal courts serving Montgomery County. In addition to the Dayton Municipal Court, located at the Montgomery County Courts Building on Perry St in downtown Dayton, Ohio, Montgomery County also has two County Municipal Courts. The Montgomery County Area Two Court is located at 6111 Taylorsville Rd, in Huber Heights, Ohio. You can reach the Montgomery County Area One Court by calling: Traffic/Criminal (937) 687-9099; Civil (937) 687-9092; or by...

26 May

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Ohio’s Juvenile Justice System is Failing Kids

Posted by Dayton DUI

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Image via WikipediaCOLUMBUS, OH – The Ohio juvenile justice system is failing the state's children by permitting children to be routinely shackled, mandating that children accused of certain crimes be charged as adults and by not ensuring that all children accused of crimes get lawyers.The findings, detailed in a report card released today, are the result of an investigation by the American Civil Liberties Union, the ACLU of Ohio, the Children's Law Center, Inc. and the Office of the Ohio Public Defender. The investigation has also revealed that Ohio detains and incarcerates a greater percentage of its children than most...

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