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

Arrested for Physical Control?

What is a Physical Control charge? https://youtu.be/JaywvEoqoIMIn this Video Charles Rowland explains what the physical control option is for a DUI in Ohio.Pursuant to Ohio Revised Code 4511.194 (effective Jan. 1, 2005), it is illegal to be in physical control of a vehicle while under the influence. "Physical Control" is defined as being in the driver's seat of a car and having possession of the vehicle's keys.  Physical Control does not require that the vehicle have ever been driven or even started.  Under the statute, having the keys within reach will satisfy the definition of having “physical control.” This is a growing problem...

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Self-Driving Cars and the End of DUI?

Will Self-Driving Cars End DUI? One of the most frequently asked questions I get is, "Did Uber kill your business?"  Occasionally, someone will ask about the arrival of self-driving cars. Well, the unfortunate truth is that neither self-driving cars or the Uber/Lyft phenomena is a panacea. Self-Driving Cars Self-driving cars have a great potential to stop DUI drivers.  But...

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Dayton DUI – DUI Expungement

DUI Expungement No DUI expungement under Ohio law? One of the reasons I am proud to defend DUI cases, is that these cases are unduly stigmatized.  For example, if you punch someone in the nose your friends will say, "Wow, what happened?" If, however, you say you were charged with a DUI, they will say, "Oh, I'm sorry."  It is this assumed guilt that is like no other criminal offense.  It erodes at our Constitutionally guaranteed right to be presumed innocent.What makes this presumption particularly frustrating is that DUI cases are notoriously hard for the prosecution to prove. An experienced attorney can find...

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Mandatory DUI Penalties – They Are Harsh!

Mandatory DUI Penalties We are often confronted with disbelief when we inform a recently charged person of the mandatory DUI penalties.  They are harsh! Often, a judge will not have discretion about what penalties to impose. Pleading guilty can cost you in ways you do not contemplate. It is important to speak to a good DUI lawyer.Below are the mandatory DUI penalties for a first, second and third drunk driving charge.  If you have a prior offense within 20 years and refuse an alcohol test, you get sentenced as though you had a "high-tier" result.What can you conclude? Drunk driving is a...

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How Much Did Ohio Receive In Grants In 2015?

In fiscal year 2015, Ohio received grants totaling $18,020,292 in Section federal grants to improve driver behavior and reduce deaths and injuries from motor vehicle-related crashes.Here is a breakdown  of how Ohio spent its share of the money:$2,045,296 was received by Ohio in FY 2015 for 405b Occupant Protection $1,401,509 was received by Ohio in FY 2015 for 405c State Traffic Safety Information System Improvements $5,028,774 was received by Ohio in FY 2015 for 405d Impaired Driving Countermeasures $158,457 was received by Ohio in FY 2015 for 405f Motorcyclist Safety $1,300,653 was received by Ohio in FY 2015 for sec. 164 Repeat Offender Transfer Provision Total FY...

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Should I Blow? Now You Know!

When you are stopped on suspicion of OVI the question becomes - "Should I Blow?" . In this video, DUI attorney explains how the Breathalyzer test affects your defense. Unfortunately, the answer is "maybe" and involves a very complicated investigation of the facts of your case and your personal history.  You should NEVER refuse the test without understanding how a refusal would affect YOU.  No attorney can know all of the circumstances of your arrest and your personal history, always ask to speak to an attorney when making this decision.Can you answer "TRUE" to ALL of the following questions? If so, you can politely DECLINE...

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Is It A Crime To Refuse To Take A Breath Test?

Is it a crime to refuse to take a breath test? Ohio has adopted O.R.C. 4511.19(A)(2) which makes it a crime to refuse to take an evidentiary chemical test if you have a prior OVI (drunk driving)  or OVUAC (juvenile/underage drunk driving) conviction any time within the last twenty (20) years.  If you refuse and you have a prior within twenty (20) years then the penalties for your OVI offense will be double the mandatory minimum. (See generally the "Penalties" section of the DaytonDUI blog).Professional drivers who refuse to take a breath test face a separate crime if they do not...

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Ohio DUI Law R.C 4511.19(A)(2) “a codified dilema”

Ohio DUI law R.C. 4511.19(A)(2) enhances the penalty for a motorist who, having been convicted once in the last six (6) years, after having been arrested, refuses to take a blood, breath or urine test.  In State v. Hoover,173 Ohio App.3d 487, 2007-Ohio-5773, the issue of whether or not a person can have a DUI sentence enhanced pursuant to R.C. 4511.19(A)(2) for refusing to take a chemical test was before the Ohio Supreme Court.  The government sought to have the sentence of Corey Hoover enhanced from the ten (10) day mandatory penalty for a second time DUI offender in Ohio to...

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How Will A DUI Affect My Insurance Costs?

“How will a DUI affect my insurance costs?”  This is one of the most common questions we get at initial client conferences.  I have grown frustrated in trying to give a short answer that sufficiently covers the nuances of the situation, so - here is my long-winded multi-part answer.How Will A DUI Affect My Insurance Costs (Part I)Insurance company evaluators look at you as a risk. Your rates are based on a number of super-secret algorithms and proprietary factors. Having a DUI conviction is just one of many things they look at and consider. Depending on their factors, insurers may...

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