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Dayton DUI Attorney Charles Rowland > Posts tagged "dui laws" (Page 4)

What Constitutes a Felony DUI in Ohio?

Ohio has enacted two “look-back” statutes which enhance the penalties for a DUI; a six year look-back and a twenty year look-back.  This post will focus on when a DUI becomes a felony.  For a complete list of penalties for DUI offenses check out my previous article OHIO OVI PENALTIES.Six Year Look-BackIf you receive a second DUI six years from the conviction date of your first DUI, the penalties are enhanced.  Both a first and second DUI within a six year period are first degree misdemeanors which carry a maximum fine of $1,075.00 and a maximum incarceration of six (6)...

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Making Bail In Your Ohio DUI Case

When you are arrested for OVI in Ohio, the police have the discretion to release you or to hold you in a local jail. If you are released, you are given a court date and it is your responsibility to show up at the designated time and place so that your case can proceed.  Failure to do so will result in an arrest warrant being issued.  The time and place of your appearance appears at the bottom of your ticket.  There you will find the date and the address of the court  where your case will be heard.If you are...

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DaytonDUI and the Cowboy Code of Conduct

I came across this "Code of the West" some years ago.  It has been a constant source of guidance in both my personal and professional dealings.  Attorneys could do worse than to live by this code in our profession and our dealings with clients.Code of the West (from "Cowboy Ethics: What Wall Street Can Learn from the Code of the West" by James P. Owen) Live each day with courage. Take pride in your work. Always finish what you start. Do what has to be done. Be tough, but fair. When you make a promise, keep it. Ride for the brand. Talk less and say more. Remember that some things aren't...

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Sobriety Checkpoint In Dayton Tonight (August 18th)

There will be an OVI checkpoint tonight in downtown Dayton, Montgomery County along Salem Avenue near Hillcrest.  The checkpoint will be in operation from approximately 9 p.m. until 1 a.m.  This checkpoint is being conducted in conjunction with the Ohio State Highway Patrol and local jurisdictions.  In addition to the checkpoints, there will be ongoing saturation patrols in surrounding areas.  Franklin County wil a checkpoint is planned between 9 p.m. and 1 a.m. on Alum Creek Drive south of Williams Road in Obetz.  In Scioto County, a checkpoint is planned on U.S. 52 at the S.R. 335 exit between 9 p.m....

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Dayton DUI Announces Labor Day DUI Effort

The Montgomery County OVI Task Force announced that DUI enforcement will be stepped up for the Labor Day holiday.  "Drive Sober or Get Pulled Over," a nation-wide impaired driving crackdown will begin August 17 and will last until September 7th.  The crackdown will include OVI checkpoints, high visibility enforcement, saturation patrols and a national advertising campaign.  Major John Dipietro of the Montgomery County Combined Agency OVI Task Force announced two sobriety checkpoints in Montgomery County this weekend.   For more information, visit the “Drive Sober or Get Pulled Over” Campaign Headquarters atwww.nhtsa.gov/drivesober.DUI attorney Charles M. Rowland II dedicates his practice to defending...

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Miami County Municipal Court Judge Mel Kemmer Retires

Judge Mel Kemmer of the Miami County Municipal Court announced his retirement earlier this month.  Judge Kemmer was in his second term which expires December 31, 2015.  He was first elected in 2003 and re-elected in 2009.  He practiced law for more than 26 years before becoming a judge. Before that, Judge Kemmer worked as an analytical chemist for several years after graduating with a bachelor’s degree in chemistry education in 1970.  He earned his law degree in 1978. His professional background also includes serving as a municipal court prosecutor, assistant county prosecutor and juvenile court prosecutor.  According to Article...

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DUI Blood Tests: Whole Blood vs. Serum/Plasma

Ohio Administrative Code 3701-53-03(A) sets forth the techniques and methods for determining the concentration of alcohol in blood, urine and other bodily substances.  Pursuant to that rule, Ohio allows for testing including gas chromatography and enzyme assays.  To challenge a blood test, it is important to know if the State has tested the blood as whole blood or as serum/plasma.  Operation with a concentration of alcohol is prohibited if the concentration in whole blood is equal to or exceeds .08%, R.C. 4511.19(A)(1)(b).  However, the prohibited concentration for whole blood is a concentration equal to or exceeding .096%, R.C.4511.19(A)(1)(c).  The high...

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Defending An OVI: The Hematocrit Defense

How bloody is your blood?  To answer this question we look at your hematocrit.  The hematocrit is the number expressing the cell volume of blood (the size and number of red blood cells in proportion to the rest of the blood).  As humans, we all have a natural variation in our hematocrit.  Healthy men have a natural variance from 40.7% to 50% and healthy women have a natural variance from 36.1% to 44.3%.  The hematocrit level is a moving target.  Illness, hydration and stress can cause variations in the hematocrit level. The hematocrit level affects all breath tests by governing how...

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Clark County, Ohio OVI Checkpoint Tonight (6-8-12)

There will be an OVI sobriety checkpoint tonight in Clark County, Ohio beginning at 6:00 pm on St. Rt. 235 just south of Mussellman Rd.  News stories do not give an end time for the checkpoint, saying that it will run through the night.  The DUI checkpoint will be conducted by the Clark County OVI Task Force.  The Clark County OVI Task Force  is made up of the Clark County Combined Health District, Springfield Police Division, Clark County Sheriff’s Office, the Ohio Highway Patrol, the Ohio Department of Transportation, Clark County EMA, Springfield Fire and Rescue Box 27, Ohio Investigative Unit and police departments in North Hampton,...

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Memorial Day OVI Checkpoints [updated for 5/26]

SATURDAY UPDATES INCLUDING DAYTON'S NO-REFUSAL CHECKPOINT LOCATION Wow! There is so much activity that you should check back as we plan to update this post as we receive information about checkpoints in and around the Miami Valley.  We post the locations and times of checkpoints to aide in the effort to cause people to plan ahead before finding themselves in a compromising or dangerous situation.  State officials say the goal of checkpoints is more about awareness than arrests.  Multiple OVI checkpoints will be held in the area this holiday weekend as part of a fight against alcohol-related crashes for which the...

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