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DUI Court Process Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "DUI Court Process" (Page 33)

Ohio DUI: A Little Drift Justifies a Stop (State v. Mays)

Image via WikipediaThe Supreme Court of Ohio ruled last September that a momentary drift a few inches over the white line at the edge of the road is sufficient grounds for a police officer to pull over an otherwise safe driver. The ruling upheld the conviction of Christopher Mays who had been stopped by a state trooper on Route 16, a four-lane highway near Newark, on March 26, 2006."The question of whether appellant might have a possible defense to a charge of violating R.C. 4511.33 is irrelevant in our analysis of whether an officer has a reasonable and...

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DUI Defenses Should be Permitted

Image by alancleaver_2000 via FlickrThe accused in a DUI case has the right under the Sixth and Fourteenth Amendments to present witnesses and evidence in his favor.  The Supreme Court upheld these rights in Washington v. Texas (1967), 388 U.S. 14, 19, 87 S.Ct. 1920, stating, "the right to offer testimony of witnesses, if necessary, is in plain terms the right to present a defense.  Just as an accused has the right to confront the prosecution's witnesses to challenge their testimony, he has the right to present his witnesses to establish a defense.  This...

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Ohio Speed Gun Tossed by 9th District Court of Appeals

Hurray, Hurray Hurray!  The 9th District Court of Appeals has ruled the lidar laser speed detection devise (LTI 20 20) as unproven.  The ruling may be remedied with a scientific finding of accuracy, typically called a Daubert hearing.  This particular type of radar has been under attack.  Below is how our friends at www.theNewspaper.com reported the news.  Find out more about Ohio's tough speeding laws at www.OhioSpeedTrap.com. Ohio Court Tosses Laser Speed Gun Readings Ohio appeals court throws out unproven lidar speed gun evidence.  An appellate court on Monday ruled that key evidence used in Ohio speed traps was not admissible. With millions in...

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Kettering DUI: Rules for making bail in Kettering Municipal Court

The Kettering Municipal Court, has some great information on posting a bond, types of bonds (cash or surety) and on getting your bond back at the end of the case.  You can access this site above or go to www.KetteringDUI.com.  Charles M. Rowland II regularly appears in the Kettering Municipal Court on behalf of defendants accused of driving while impaired (now known in Ohio as OVI; operating a vehicle impaired).  If you find yourself in need of an attorney in the Kettering Municipal Court, please contact attorney Charles M. Rowland II at (937) 879-9542.Posting Bond: When someone is arrested, it may be...

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Washington Court House DUI (OVI) Information

[caption id="attachment_7053" align="alignleft" width="300" caption="Outside the Fayette County Court of Common Please"][/caption]WASHINGTONCOURTHOUSEDUI.com was developed to provide practical information regarding Washington Court House and Fayette County's tough drunk driving law. Here you will find information on DUI (now called OVI) law in the Washington Court House Municipal Court and the Fayette County Common Pleas Court. If you find yourself accused of a crime contact Charles M. Rowland II at 937-879-9542 or on the after hours DUI HOTLINE 937-776-2671. If you've been charged with DUI, it's important that you consult an attorney immediately before you lose your rights!  Charles M. Rowland II...

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Ohio Supreme Court Allows Speed and Red-Light Cameras

Ohio Supreme Court Saves Speed Cameras Text of an Ohio Supreme Court ruling granting cities the authority to install speed and red light cameras without legislative authorization.The Ohio Supreme Court today issued a ruling upholding the right of municipalities to create new "civil penalties" for crimes already covered by criminal statutes. The long-awaited ruling gives the green light for Ohio cities to expand speed camera and red light camera camera programs, an authority which the state legislature had specifically declined to grant."Home rule jurisprudence has become confused over the years because different theories have been used to determine when an ordinance...

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DUI Arrest; When do I go to court?

If you are placed under arrest you will be afforded the opportunity to make bond. In most jurisdictions, an officer has the discretion to release you to a sober friend upon completion of the testing procedure.  Some officers use this discretion as a means of extracting cooperation.  If you are held overnight you will be required to make bond.  In a D.U.I. case the bond is usually low enough that most people will only have to spend one night in jail. If, however, you are unable to make bail you will remain in jail until your first scheduled court appearance....

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Aggravated Vehicular Homicide; State v. Hassler

Blood Alcohol Test Taken Outside Time Limit Held Admissible in DUI Vehicular Homicide 2006-1517. State v. Hassler, 2007-Ohio-4947. Delaware App. No. 05 CAA11 0078, 2006-Ohio-3397. Judgment reversed and cause remanded. Lundberg Stratton, O'Connor, Lanzinger, and Cupp, JJ., concur. Moyer, C.J., and Pfeifer and O'Donnell, JJ., dissent. Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2007/2007-Ohio-4947.pdf(Sept. 27, 2007) Under limited circumstances, in the prosecution of a driver for aggravated vehicular homicide while “under the influence of alcohol,” Ohio courts may admit the results of a blood alcohol test taken outside the two-hour time limit for admissibility under the state's DUI statute, the Supreme Court of Ohio ruled today.The case involved the death of...

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