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Dayton DUI Attorney Charles Rowland > Posts tagged "dui laws"

DUI Law: What Did SCOTUS Say In Missouri v. McNeely

If you have been following developments in DUI law, you have no doubt heard about the United States Supreme Court decision in Missouri v. McNeely, 133 S.Ct. 1552 (2013).  The case deals with when, and under what circumstances the government is required to seek a warrant prior to drawing blood from a suspected DUI offender. Below is a quote from the case which provides a reasonable (and short) analysis of the case.  If you want to read the full opinion please click on the case name above. In Schmerber v. California, 384 U.S. 757, 86 S.Ct. 1826, 16 L.Ed.2d 908 (1966), this Court upheld...

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Determining Probable Cause For An OVI Offense

A warrantless arrest must be supported by probable cause in order to be constitutionally valid. State v. Timson, 38 Ohio St.2d 122, 67 Ohio Op.2d 140, 311 N.E.2d 16 (1974).  In order to make a finding that probable (more likely than not) cause existed the court must look at the totality of the circumstances surrounding the arrest. State v. Miller,  117 Ohio App.3d 750, 691 N.E.2d 703 (11th Dist. Court of Appeals 1997), State v. Brandenburg, 41 Ohio App.3d 109, 534 N.E.2d 906 (2nd Dist. Court of Appeals, Montgomery County 1987). "[B]ecause of the mosaic which is analyzed for a...

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Laser DUI Detectors Being Developed

Laser DUI detectors are on the way! Imagine driving down the street and having a police laser passively check your car for alcohol vapors.  According to the Huffington Post, scientists at the Military University of Technology in Warsaw, successfully tested the device by aiming its laser at a car passing by at a distance of up to 20 meters. The car's interior had been filled with alcohol vapor, simulating the exhalations of a drinker inside the car. If this technology is successful, the laser DUI devices could be employed much like red-light cameras or used by stationary police like radar speed...

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Are You Fat? Old? A Woman? Then The DUI Laws Are Biased Against You

Did you know that the DUI laws are inherently biased against most of us? Alcohol loves water and will move into spaces where water is the most prevalent.  Fatty portions of the body have a low water content and absorb little of the alcohol, while muscular portions of the body have a high water content and absorb much alcohol.  As it is carried to all parts of the body by the blood, the alcohol distributes itself in proportion to the water content of the various parts of the body.  It is the presumed relationship between the amount of alcohol in the...

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Beavercreek OVI Attorney

If you have been arrested for OVI in Fairborn, Bath Township, Beavercreek or Beavercreek Township, your misdemeanor OVI case will be heard in the Beavercreek/Fairborn Municipal Court, 1148 Kauffman Ave. in Fairborn, Ohio.  If you need to find information about a case in the Fairborn Municipal Court you can search HERE for case information or visit the court’s web site HERE. Charles M. Rowland II, a life-long resident of Beavercreek, has represented the accused drunk driver in the Fairborn/Beavercreek Municipal Court since 1995.  Charles Rowland dedicates his practice to OVI law and has some of the most impressive credentials for OVI attorneys in...

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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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Community Control (Probation) in an OVI Case

If you are charged with a DUI (now called OVI; operating a vehicle impaired) chances are you will be placed on probation at the disposition of your case. Probation is now called "community control" and provides for terms and conditions you must comply with in order not to go to jail.  Probation requires you to work with a "probation officer" (P.O.) for a given period of time as set by the court.  A common misconception is that the probation officer will actively work against you in an effort to return you to jail.  Most of the time, the probation officer is working to make...

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Motorcycle DUI – NHTSA Targets Motorcyclists for DUI Enforcement

NHTSA Devotes Time And Dollars To Study Motorcycle DUI It is summer time and the perfect time to get out on the road.  If you ride a motorcycle, you may notice that law enforcement is paying you a a lot of attention. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists involved in fatal crashes are 2.5 times more likely to have consumed alcohol than passenger vehicle drivers.  In 2007, the number of alcohol-impaired motorcyclists in fatal crashes increased by 10 percent while the number of alcohol-impaired drivers of passenger cars declined 6 percent.  (NHTSA defines “alcohol impaired” for vehicle...

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Darke County OVI Checkpoint (May 23, 2013)

The Ohio State Highway Patrol, announced today that an OVI checkpoint will be held from 6-8 p.m. tonight on US127, in Darke County. If you want to receive updated information on OVI checkpoints,  enhanced traffic enforcement, saturation patrols and other important developments that affect you, sign up for text alerts on the main page of this blog.  Text 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 the State Route 35 traffic initiative and three local sobriety checkpoints.  You should also know that we respect your...

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