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

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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Greene County Jail, Greene County Adult Detention Center (by DaytonDUI)

There are two "jails" in Greene County which are run under the authority of the Greene County Sheriff's Department.  The Greene County Jail is a 130 bed, full-service facility built in 1969.  You may hear this facility called the "old" jail or the "downtown" jail as it is located at 77 E. Market St., Xenia, Ohio, behind the Greene County Court of Common Pleas.  You can call the Greene County Jail at 937-562-4842.The second, newer facility is the Adult Detention Center located at 2295 Greenway Blvd., Xenia, Ohio 45385.  The ADC (as it is known) is a 236 bed minimum/medium...

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Vehicle Immobilizations (by DaytonDUI)

An arrest for drunk driving has many harsh and unintended consequences.  One of the most vexing is immobilization. When a person is arrested for DUI the arresting officer has discretion as to whether or not the suspect's car will be towed.  Sometimes safety concerns, agency policy or other  concerns will cause the officer to call for a tow truck to impound your car.  I have also had cases where an officer goes to great lengths to secure a suspect's car so that they will not incur the inconvenience of an impoundment.  As with other aspects of Ohio DUI law, having...

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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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Prior DUI Offenses (Federal and Out-of-State)

My practice is proud to serve the military community in and around Wright-Patterson Air Force Base.  One of the recurring questions we get from military personnel is whether or not a federal or out-of-state DUI can be used to enhance a DUI they get here in Ohio.  At one time they did not.  Now, however, the offenses received in another state or on federal property do count. See Ohio Revised Code 4511.181(A).  DUI defense attorneys challenged the ex post facto application of R.C. 4511.181(A) but the courts have held that since it serves only as an enhancement it meets constitutional...

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Ohio DUI Law: Probation

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.  Often, a court will only keep you on probation until you have paid all fines and costs and complied with the requirements of your punishments.  In most courts,...

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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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Ohio Has Declared War on Drunk Drivers

In 1982, Ohio declared “WAR” on drunk driving.  Since that time Ohio has devised one of the toughest DUI systems in the nation.  By creating a civil penalty called an automatic license suspension, even a first time DUI results in an immediate loss of your “right” to drive.  A conviction can result in a jail sentence ranging from the mandatory minimum three days to a maximum of six months and a minimum fine of $375.00 up to $1,075.  Conviction of a first time DUI will result in a license suspension lasting from six months to three years.  If a driver...

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Innocent Until Proven Guilty; Does it apply in Ohio DUI Prosecutions?

Ei incumbit probatio qui dicit, non qui negat In America you are presumed innocent until proven guilty beyond a reasonable doubt.  "Presumption of innocence" serves to emphasize that the prosecution has the obligation to prove each element of the offense beyond a reasonable doubt and that the accused bears no burden of proof.  This presumption is ancient, dating back to the Old Testament.  In Genesis 18:23-32, it states, "Abraham drew near, and said, "Will you consume the righteous with the wicked? What if there are fifty righteous within the city? Will you consume and not spare the place for the fifty...

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