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DUI Court Process Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "DUI Court Process" (Page 6)

The Ohio OVI Breath Test – How To Fight And Win

You may think that any person who takes an OVI breath test and blows above Ohio's .08 legal limit is guilty of OVI.  This is not the case. Watch the Video.  Ohio employs a device called the Intoxilyzer 8000.  This device has many problems in its operation.  In fact, after a lengthy hearing on the Intoxilyzer 8000, a judge in Marietta ruled that the machine was not reliable [Story HERE].  Prosecutors hide behind a 1984 Ohio Supreme Court decision that said because the machines were officially certified by the state, they cannot be challenged by expert witnesses. Until this ruling is overturned...

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Alcoholics Anonymous for Atheists?

Alcoholics Anonymous for Atheists and Agnostics? Yes, that is a thing.AA is open to people of all beliefs, but it is undoubtedly a spiritual program that asks people to have faith in certain principles. One of the most basic requirements of the program is that people believe in a higher power. The second step talks about how members came to believe that a Power greater than ourselves could restore us to sanity. While the third step describes how they made a decision to turn our will and our lives over to the care of God as we understood Him. There...

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Middletown OVI Checkpoint Begins at 9 p.m.

Middletown OVI Checkpoint Alert! Friday night's OVI checkpoint will be held in Middletown from 9 p.m. to 12 a.m. on State Route 122 (University Boulevard) at 1st Avenue, according to the Ohio State Highway Patrol. If you want to receive updated information on Middletown OVI checkpoint locations, enhanced traffic enforcement, saturation patrols and other important developments that affect you, sign up for text alerts on the main page of this blog. OVI checkpoint alerts will be sent directly to your mobile device/smartphone in the location you choose in the Miami Valley. In the past month we have alerted our followers to...

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Washington Courthouse DUI Checkpoint (June 13, 2014)

A Washington Courthouse DUI checkpoint, will be set up, from 8:00 PM, to 11:00 PM on Friday, June 13, on US 62 (Columbus Avenue) near Olive Street, in Washington Court House, Fayette County. The checkpoint will be held in conjunction with patrols by the Ohio State Highway Patrol, the Washington Court House Police Department and Fayette County Sheriff’s Office. If you want to receive updated information on Washington Courthouse DUI checkpoint locations, enhanced traffic enforcement, saturation patrols and other important developments that affect you, sign up for text alerts. OVI checkpoint alerts will be sent directly to your mobile device/smartphone in the...

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Why Do You Publish OVI Checkpoint Locations?

We publish OVI checkpoint locations because planning ahead prevents tragedies and because the United States Supreme Court requires publication.  We are against them and think that they are a violation of your rights.  In the short video below, we tell you what our position on OVI checkpoint enforcement is and why we are opposed.Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or...

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Fourth Amendment Drunk Driving Case Decided By SCOTUS

The Supreme Court handed down an opinion in a Fourth Amendment drunk driving case yesterday in Navarette v. California, No. 12-9490 (Apr 22, 2104) (available here). Writing for the divided Court, here is how Justice Thomas's opinion begins and ends: After a 911 caller reported that a vehicle had run her off the road, a police officer located the vehicle she identified during the call and executed a traffic stop. We hold that the stop complied with the Fourth Amendment because, under the totality of the circumstances, the officer had reasonable suspicion that the driver was intoxicated...

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Ohio Supreme Court Rules on DUI Motion To Suppress Issue

The Ohio Supreme Court ruled on a DUI Motion to Suppress issue in State v. Codeluppi, 2012-Ohio-5812.In August of 2011, Officer Ryan M. Young of the North Ridgeville Police Department stopped Ms. Codeluppi on Lorain Road for driving 53 m.p.h. in a 35 m.p.h. zone.  When Officer Young walked to the driver’s window of Ms. Codeluppi’s car, he smelled a strong odor of alcohol coming from the interior of the car. Following an investigation and administration of standardized field sobriety tests, the defendant was arrested for OVI.In her motion to suppress, Ms. Codeluppi asserted that: the officer lacked sufficient reasonable grounds...

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Ohio DUI Attorney: Is It A Just World?

As an Ohio DUI attorney, I often observe a bias that people carry toward those accused of drunk driving.  Psychologists call this phenomena the "Just World Hypothesis."The belief that people get what they deserve and deserve what they get, which was first theorized by Melvin Lerner in 1977.  Lerner, M.J. & Miller, D.T. (1977). Just-world research and the attribution process: Looking back and ahead. Psychological Bulletin, 85, 1030-1051.  Attributing failures to dispositional causes rather than situational causes, which are unchangeable and uncontrollable, satisfies our need to believe that the world is fair and we have control over our life. We are motivated to...

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DUI Case Law – Ohio DUI | OVI Blog (Due Process)

To understand DUI case law, it is important to understand how the United States Supreme Court analyzes due process issues.  "The Supreme Court has identified two distinct categories of fundamental liberties. The first category includes most of the liberties expressly enumerated in the Bill of Rights. Through a process known as "selective incorporation," the Supreme Court has interpreted the Due Process Clause of the Fourteenth Amendment to bar states from denying their residents the most important freedoms guaranteed in the first ten amendments to the federal Constitution. Only the Second Amendment right to bear arms, the Third Amendment right against involuntary quartering of soldiers, and the Fifth...

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Asserting An Affirmative Defense In An OVI

In an Ohio OVI, a defendant may rely on an affirmative defense.  The Ohio Revised Code 2901.05(C) recognizes an affirmative defense to certain crimes and offenders. If an affirmative defense is asserted, the burden of proof is on the defendant to prove the affirmative defense by a preponderance of the evidence. The following are the affirmative defenses are recognized:Entrapment Insanity Self-Defense Intoxication Duress BlackoutIf you plan to assert an affirmative defense, it will be raised at the trial stage and not in a pre-trial motion.  Often, the biggest hurdle in the assertion of an affirmative defense will be crafting the affirmative defense and having the court...

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