18 February

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Driving Is A Right – Not A Privilege!

Driving Is A Right - Not A Privilege!Have you ever been told that "driving is a privilege?" Bah! This author argues that case law needs to be expanded to include “driving” as a fundamental right under the First Amendment’s Freedom of Assembly. Thus, the analysis should be under the substantive due process analysis not simply under the procedural due process analysis.Because the human rights of freedom of movement, right to earn a living and the right to peaceably assemble are only capable of being maintained with a valid driver’s license, the Court should require a more rigorous standard before depriving...

05 February

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Top 10 Defenses to an Ohio OVI

Posted by Dayton DUI

in Uncategorized

When people need an Ohio OVI Attorney, the biggest challenge is knowing whether or not an attorney truly has the skills, knowledge, training, tools, resources, and strategies that are needed to successfully resolve and win drunk driving cases. Countless attorneys handle impaired driving cases, but only a very small percentage have the skills, knowledge, training, tools, resources, and strategies that are needed to successfully resolve and win cases. Unfortunately for the public, even attorneys who have been practicing law for many years and devote a significant portion of their practice to OVI law, often don’t have the skills, knowledge, training,...

07 January

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Dayton DUI Attorney Charles M. Rowland II

Posted by Dayton DUI

in Ohio Cities

Dayton DUI attorney Charles M. Rowland II serves the Dayton Municipal Court.If you are arrested on suspicion of drunk driving in the City of Dayton, your misdemeanor case will be heard in the Dayton Municipal Court. The Dayton Municipal Court is located at 301 West Third Street Dayton, Ohio 45402. You can visit the Dayton Municipal Court’s website at: www.DaytonMunicipalCourt.org. Office hours for the Clerk of Court are 8:00am to 4:30pm, Monday through Friday, excluding holidays, for the acceptance of case filings and payments. Parking, Traffic and Criminal payments can also be paid online at www.PayMyFine.org. A full list of contact numbers...

05 January

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Why The ALS Suspension Is Unconstitutional

Posted by Dayton DUI

in DUI Law

We are often asked how the arresting officer is authorized to take a persons' license under the ALS suspension, and whether or not this is constitutional. The dilemma presented by Ohio DUI Law is this: If I am innocent until proven guilty, how can they punish me by immediately taking my license when I am accused of DUI? This site takes the position that the current law is unconstitutional. But before we jump into the argument, it is important to understand how the current law works. If you are stopped for an OVI, DUI or drunk driving and you refuse to take a...

23 December

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Police Do Not Need To Know Law To Enforce It – Heien v. North Carolina

Posted by Dayton DUI

in DUI Law

Heien v. North Carolina, No. 13–604. Argued October 6, 2014—Decided December 15, 2014 ; another case giving police more power to stop and arrest and another body blow to the Fourth Amendment.In 2009, Nicholas Heien and a friend were traveling on a highway in North Carolina when they were stopped for having a broken tail light. Subsequently, a search of the car found a plastic bag containing cocaine. Where this case takes a turn is when we learn that the police had no legal right to stop the car because, under North Carolina law, having a single broken tail light is...

22 December

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Policing For Profit Approved By Ohio Supreme Court

Posted by Dayton DUI

in DUI Law

If you were hoping that the Ohio Supreme Court would curtail a city's ability to implement policing for profit, you would be disappointed. Last week, in Walker v. Toledo, Slip Opinion No. 2014-Ohio-5461, a divided Supreme Court ruled that cities in Ohio have complete freedom to set up tribunals that do away with due process protections for motorists accused by a machine.The majority opinion, written by Justice Kennedy held specifically that, Municipalities have home-rule authority under Ohio Constitution, Article XVIII,to impose civil liability on traffic violators through an administrativeenforcement system—Ohio Constitution, Article IV, Section 1 and R.C.1901.20 do not endow municipal courts...

09 December

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Do You Face A Military OVI Charge?

Posted by Dayton DUI

in DUI Law, Uncategorized

Do you face a military OVI? 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 a military OVI offense. This...

08 December

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Juveniles In Solitary Confinement – Sad But True

Posted by Dayton DUI

in Ohio Criminal Law

Summary: Juveniles in Solitary Confinement, some as young as 10 years of age, do exist in our society today.What is it like to be locked up in solitary confinement when you are just a child?Juvenile facilities across the country house children as young as 10 years old in isolation either as punishment or as part of the regular jail/detention operation. Across the U.S, children spend days and months in solitary confinement. The ACLU found that in 2011 more than 95,000 children spent time in isolation.In a subsequent report, the ACLU writes, “This bare social and physical existence makes many young people...

26 November

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What Are You Thankful For?

Posted by Dayton DUI

in Announcements

As we approach the Thanksgiving holiday I wish to take time to express my gratitude. This has been a year of great accomplishments for me and for the issues for which I have always advocated. I have decided to share with you some of the things that have made the past year so great!I am thankful that I work with Mark Babb, Lori Gaipo, Jamie Anderson, Jess Rudolf, Lee Edwards and David J. Smith. David joined us, and Jamie welcomed a new baby. We laughed and grew even closer as a firm and shared life's ups, downs, tears and laughter...

17 October

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Symbolism in the Modern American Courtroom

Posted by Dayton DUI

in Uncategorized

This article will address some of the common symbolism found in the modern American courtroom and answers common questions such as, why does a judge wears a black robe? Why is the judge's bench elevated? This article will address some of the traditions and symbolism present in a typical American courtroom. It is important that we remind ourselves of the symbolism because “[c]eremonial ritual achieves its power over the human mind and heart through the manipulation of symbols” Goodsell, Charles T. The Social Meaning of Civic Space: Studying Political Authority through Architecture. Lawrence, Kansas: University of Kansas Press, 1988. Print.In America,...

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