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dui driving privileges Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "dui driving privileges" (Page 3)

Driving Privileges: Can A Court Prevent Me From Drinking?

A trial court is vested with a great amount of discretion in issuing limited driving privileges under an Administrative License Suspension.  A court may require, as a condition of allowing you to have pre-trial limited driving privileges, that you abstain from the use of alcohol.  The issuing court also has the discretion to order you to put bright yellow, shame-plates on your car and can order you to wear a transdermal alcohol detection unit (commonly called the S.C.R.A.M., "Secure Continuous Remote Alcohol Monitor").  What is more, the court will make you pay for the installation and monitoring of the device....

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ALS Appeal: Refusal or Obstruction? (by Dayton DUI)

Often, our clients will tell us that they could not produce a sufficient sample for the requested chemical test.  "I kept trying, but I just could not blow long enough to satisfy the officer."  If they hope that this information will prevent the imposition of an Administrative License Suspension, they may be disappointed.  Ohio DUI law sets a high bar for overcoming the presumption that law enforcement was not at fault for your failure.The validity of a refusal based on physical incapacity to submit a sample requires a factual finding by the court in favor of the accused. Wilder v....

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Arrested at Wright-Patterson AFB?

  WE CAN HELP IF YOU ARE ARRESTED ON BASE We have a former J.A.G. officer on staff to help with military DUI/OVI cases.  Located conveniently near Wright-Patterson Air Force Base, Charles M. Rowland II has successfully represented active-duty military, contractors, and civilian employees for over 15 years.  He knows how to deal with issues of deployment, security clearances, loss of rank, loss of on-base driving privileges and issues related to out-of-state licenses.  If you find yourself arrested for OVI in or near Wright-Patterson Air Force Base and you will be required to appear in the United State Federal Court or the...

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Top 10 Rules For Dealing With The Ohio BMV

Protecting Your Ohio Driver’s License After Your OVI Case Dealing with the Ohio Bureau of Motor Vehicles after an OVI case can be a nightmare. So, you will want to avoid problems before they rear their ugly heads. Don't worry! You can make this as painless as possible by following these simple rules.  We are here to serve you. Call us at 1-888-ROWLAND or (937)318-1DUI before a minor issues results in major problems. 1. Make sure the Ohio BMV knows how to reach you. The burden is upon you to notify them of any address change. Courts will accept their statement that...

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Roadside Seizure: Some Definitions (by DaytonDUI)

There are a number of legal terms that apply to the government's ability to take your stuff.  Here is a guide to help you understand the different terms which may apply to your case.1. Seizure.  Your car may be subject to seizure at roadside at the time of your arrest under certain circumstances.  The officer's decision on whether or not to impound in an OVI arrest are governed by R.C. 4511.195. However, seizure of your vehicle is required for the following offenses,A second or greater OVI within six years, and any felony OVI offense. see R.C. 4511.19(G)(1)(b)(v), R.C. 4511.19(G)(1)(d)(v) and...

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Driving Under An OVI Suspension

"I had to get to work.  If I missed another day they were going to fire me, so I drove and got a ticket.  What is going to happen?"  Driving under an OVI suspension is a violation of Ohio Revised Code 4510.14.  It is a separate offense from a DUI/OVI charge and carries harsh mandatory penalties.  Most of these charges originate when a person is desperate to live up to their obligations to their work and/or their family.  Often, the automatic license suspension is the worst part of the DUI experience.  It is the position of this author that taking a person's...

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Ohio OVI Law: Ignition Interlock Devices FAQ

Q. What is the law?Ohio's Ignition Interlock Device Law is set forth at Ohio Revised Code 4501.45(E), which states: “Ignition interlock device” means a device certified by the director that connects a breath analyzer to a motor vehicle’s ignition system, that is constantly available to monitor the concentration by weight of alcohol in the breath of any person attempting to start the motor vehicle by using its ignition system, and that deters starting the motor vehicle by use of its ignition system unless the person attempting to start the vehicle provides an appropriate breath sample for the device and the...

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Driving Under Suspension in Ohio

Image via WikipediaOhio’s Driving Under Suspension (DUS) law is formidable.  The statutory scheme encompasses over 20 different types of suspensions ranging from Automatic License Suspensions for DUI offenses to suspensions for failing to purchase adequate insurance coverage. Please click on the links below for specific information. If you need additional information on Ohio’s DUS law, or if you find yourself charged with Driving Under Suspension or any of the myriad offense that require contact with the Ohio Bureau of Motor Vehicles, please contact Dayton traffic attorney Charles M. Rowland II at (937)318-1DUI [318-1384] today. Types of Suspensions in Ohio12-Points Administrative License...

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Automatic License Suspension – Testing Over the Limit

According to Ohio Revised Code 4511.191, if you are arrested on suspicion that you are operating a vehicle while impaired (commonly called a DUI) and you take a chemical test which produces a result which is over the per se limit as set by the Ohio Department of Health, your license will be suspended immediately. Depending on previous offenses or refusals, you can have your license suspended for a period of 1 year to 5 years.  After a second offense your vehicle may also be immobilized.You, or your attorney,  can appeal the automatic license suspension (O.R.C. 4511.197)  at the initial...

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