06 February

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Forced Blood Draw In Ohio (What Happens After Missouri v. McNeeley?)

What is the status of Ohio's forced blood draw law [R.C. 4511.191] following the decision in Missouri v. McNeeley, 2013 U.S. LEXIS 3160 (2013).In Missouri v, McNeely, the United States Supreme Court ruled that a nonconsensual warrantless blood draw violates a person’s right to be free from unreasonable searches and seizures under the 4th Amendment to the Constitution. The McNeely decision raises some questions for search warrants in OVI cases. Some of the questions include (1) Did this decision invalidate the implied consent laws? and (2) Are search warrants required for every DUI arrest before a forced blood draw can be taken from...

14 January

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“Plea Bargain” Is Not A Dirty Word

Posted by Dayton DUI

in Uncategorized

Is a plea bargain in your best interest? A trial is a time consuming, expensive exercise for the State. It consumes the energy of the judge, the court staff, eight jurors, the arresting and assisting law enforcement officers, expert witnesses and any number of lay witnesses who may testify. As an example of the scale of the criminal justice system, in 2011, nearly 121,000 criminal and traffic misdemeanor offenses were filed in the Franklin County Municipal Court. This court is a good example because, with 15 judges and 30 full-time dedicated prosecutors it is one of the biggest and most...

09 January

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The Erosion of the Fourth Amendment

Posted by Dayton DUI

in Drugs & Alcohol, DUI Law

The Fourth Amendment to the Constitution was a response to the British government's abuse of writs of assistance. These writs served as a general type of search power allowing British soldiers to go onto any property without cause. Any place could be searched at the whim of the holder, and searchers were not responsible for any damage they caused, thereby putting anyone who held such a writ above the law. The Fourth Amendment engrained a unique principle of free people that a person's home and property were beyond the scope of government officials unless a judicially approved warrant was issued....

23 December

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Due Process and the Administrative License Suspension

Posted by Dayton DUI

in Uncategorized

How can it be constitutional for the State to take my license immediately via the Administrative License Suspension?Ohio believes that driving is not a right, but a privilege. See 4511.191 If you are stopped for an OVI, DUI or drunk driving and you refuse to take a chemical test (breath, blood or urine), or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC), the police officer can and will take your driver’s license on the spot causing your drivers license to be suspended immediately. This pre-conviction suspension is called the ADMINISTRATIVE LICENSE SUSPENSION. The Administrative license suspension is a suspension imposed by the Ohio...

25 November

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Case Law Update: OVI Urine Sample

Posted by Dayton DUI

in DUI Process

Under Ohio law, an OVI urine sample must be refrigerated while not in transit or under examination. In State v. Schneider, 2013-Ohio-4789, the First District Court of Appeals was asked to define what "in transit" means.At the suppression hearing, defense counsel argued that the state had failed to establish that the OVI urine sample had been refrigerated while it was not under examination or in transit as required by Ohio Adm.Code 3701-53-05(F). Defense counsel pointed to the evidence that the trooper had not refrigerated the specimen between its collection at 3:15 a.m., and its mailing at 10:00 p.m., a period of 18...

12 November

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Vinton County Criminal Defense Attorney – Babb & Rowland, LLC

Posted by Dayton DUI

in Ohio Counties

If you are in need of a Vinton County criminal defense attorney to help you in a serious criminal case, please contact the law firm of Babb & Rowland, LLC. Charles M. Rowland II has a family connection to Vinton County and has appeared as a Vinton County criminal defense attorney in serious, high-profile cases since 1995. His credentials as a Vinton County criminal defense attorney are unparalleled and he stands ready to help you with your case. Whatever credentials you need in a Vinton County criminal defense attorney, you should consider Charles M. Rowland II and Babb & Rowland,...

30 October

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Is Your DUI Attorney The Cleanest Pig In The Pen?

Posted by Dayton DUI

in Uncategorized

"Well, aren't you just the cleanest pig in the pen?"That was my father's reaction when I relayed to him what I considered to be a fine piece of attorney-ing. I was a new lawyer assigned a high-profile home invasion robbery case. The newspaper detailed that my client faced decades behind bars if convicted.After plea negotiations with the prosecuting attorney I was able to secure a plea to one felony count and an agreed sentence of "only" five years in prison. I was proud of the work I'd done and felt that my client was lucky to have me. I also...

07 October

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Dayton DUI: Breath Test Defenses in Ohio

Posted by Dayton DUI

in DUI Process

This article will highlight DUI breath test defenses available to people in Ohio. As we have extensively written on the topic of DUI breath test defenses, this article will direct you to some of the most popular past articles. If you have been charged with a violation of Ohio Revised Code 4511.19 (DUI, OVI, Drunk Driving) please contact Charles M. Rowland II immediately at (937) 318-1384 or on our after-hours DUI hotline at (937) 776-2671.DUI Breath Tests & Faulty Assumptions: This article relies on information from the International Association of Forensic Toxicologists. Specifically the Proceedings of the 27th International Meeting held in...

26 September

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Charles M. Rowland II, Clark County OVI Attorney

Posted by Dayton DUI

in Ohio Cities, Ohio Counties

Clark County OVI Attorney Charles M. Rowland has been representing the accused drunk driver since 1995. The Clark County OVI Task Force is a coalition of 13 area agencies. The task force is made up of the Health District, Springfield Police Division, Clark County Sheriff’s Office, Ohio Highway Patrol, Ohio Department of Transportation, Clark County EMA, Springfield Fire and Rescue Box 27, Ohio Investigative Unit and police departments in North Hampton, Enon, South Charleston, Tremont City and German Twp. The Clark County OVI Task Force regularly conducts OVI checkpoints in Springfield, Enon and other locations in Clark County.If you have been arrested for OVI anywhere in Clark County,...

25 September

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What Are (And What Are Not) Standardized Field Sobriety Tests

Posted by Dayton DUI

in Uncategorized

The dream of implementing Standardized Field Sobriety Tests has long been a goal of law enforcement. Extensive government testing was begun in the 1970's to determine a scientifically valid way of helping police officers detect intoxication in drivers under suspicion of drunk driving. Prior to this undertaking, officers were doing their best to gather evidence of drunk driving, or simply not arresting for the offense due to the difficulty of proving impairment in court. Some more ingenious tests included throwing coins on ground; if the suspect could pick them up without falling over, they must be sober. Other popular tests that...

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