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Dayton DUI Attorney Charles Rowland > Posts tagged "dui penalties" (Page 7)

Ohio’s Definition of an ‘Alcoholic’

[caption id="" align="alignright" width="108" caption="Image via Wikipedia"][/caption]Ohio Denies a License to Persons Defined as Alcoholics In 1996, Ohio amended Ohio Administrative Code 4501:1-1-16(A) to define an "alcoholic" as  one who meets the following criteria: (1) Is convicted three or more times within the immediately preceding three-year period of division (A) of section 4511.19 of the Revised Code or of a substantially similar municipal ordinance or of a statute of another state or of the United States; or(2) Is convicted three or more times within a three-year period of any traffic violation where from the evidence presented, the trier of fact finds that...

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SCRAM Alcohol Monitoring on Probation

SCRAM, which stands for Secure Continuous Remote Alcohol Monitoring is a bracelet worn by the defendant 24 hours a day 7 days a week. The bracelet will take periodic alcohol tests from the defendant's ankle and will store that reading until it is uploaded by the Probation Officer. The SCRAM Company will then analyze the data to determine if a defendant is, or has been, drinking.  The SCRAM bracelet is a very sensitive piece of equipment. Those that wear it are prohibited from using any products that contain alcohol (i.e. hairspray, lotions, shampoos, toothpaste, mouthwash, etc.). If any of these products are used while...

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Death Penalty for Drunk Driving in China

[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption]From the Wall Street Journal On-line:Following a recemt spate of high profile pedestrian deaths, China has launched a two-month crackdown on drunk driving, timed to coincide with the run-up to the PRC’s 60th anniversary on Oct. 1.  Xinhua reports that the latest measures are a response to “an increase in traffic fatalities and accidents during recent months, raising public concern because of damage caused and their negative social impact.”  On Aug. 7, a man driving a Porsche SUV struck and killed a 16-year-old female migrant worker in the eastern city of Hangzhou. The driver was...

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Repeat Violent Offenders Still Eligible for Enhanced Sentence

2008-0661.  State v. Hunter, Slip Opinion No. 2009-Ohio-4147. Cuyahoga App. No. 89456, 2008-Ohio-794.  Judgment affirmed. Moyer, C.J., and Pfeifer, Lundberg Stratton, O'Connor, O'Donnell, Lanzinger, and Cupp, JJ., concur. Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-4147.pdf(Aug. 25, 2009) The Supreme Court of Ohio ruled today that its 2006 decision in State v. Foster did not sever (invalidate) the provision of state law that authorizes enhanced criminal sentences for repeat violent offenders (RVO).  The Court’s 7-0 decision, authored by Justice Terrence O’Donnell, also held that a trial court does not violate a defendant’s right to a jury trial when the judge designates a defendant as an RVO based on relevant information about...

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DUI License Plates

By Lucas Sullivan Staff Writer Wednesday, October 01, 2008DAYTON — Ohio's DUI plates — special yellow plates with red lettering — were designed to curb drunken driving through, to put it simply, public humiliation.State law has required judges to issue the plates since 2004 to convicted drunken drivers who registered higher than 0.17 on a breath-alcohol test or have multiple DUI convictions and still need a car."It is meant to be one of the tools in the toolbox like (DUI) checkpoints," said Lindsay Komlanc, spokeswoman for the Ohio Bureau of Motor Vehicles.  Judges have had the discretion to issue...

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Dayton Issues DUI “Party Plates”

By Lucas Sullivan Staff Writer Wednesday, October 01, 2008Since 2004, Ohio law has required that judges assign special license plates to drivers with multiple drunken-driving convictions who still need a car.But only 8,500 vehicles bore these "DUI plates" through the end of last year even though 33,000 Ohio drivers have five or more drunken driving convictions, according to the Ohio Department of Public Safety.The reluctance by Municipal Court judges to issue these plates is evident in Montgomery County, which ranks last among Ohio counties with at least 500,000 residents, in the...

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Forced Blood Draws in Ohio DUI Cases

[caption id="" align="alignright" width="180" caption="Forced Blood Draws"][/caption]A law that will go into effect Tuesday, Sept. 30, states drivers with prior DUI offenses who are suspected of driving while drunk must take a breath-alcohol test.  If drivers refuse, authorities can take them to get a mandatory blood or urine test.  The law intends to help prosecutors in cases of repeat offenders and deter drunken driving. Repeat offenders used to be able to refuse a breath-alcohol test.  www.DaytonDailyNews.com If you find yourself facing a DUI/OVI charge in the Miami Valley, contact Charles M. Rowland II at 937-318-1DUI or 1-888-ROWLAND. ...

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Ohio DUI Refusal Laws

Here, in answer to a written question from Vandalia, Ohio, is the high-tier urine, plasma, blood and  refusal statutes.  If you need representation for a DUI (now called OVI; operating a vehicle impaired), in the Vandalia Municipal Court, or throughout Ohio, please contact Charles M. Rowland II  at 937-879-9542.Offense Code Section Basis of OffenseDUI 4511.19 (A)(1)(f) Blood Test with a concentration equal to or greater than .17 of 1% by weight of alcohol in the whole blood.DUI 4511.19(A)(1)(g) The person has a concentration of two hundred four-thousandths (.204) of one per cent or more by weight per unit volume of alcohol in the person's blood serum...

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Protecting Your Ohio Driver’s License After Your OVI Case

Dealing with the Ohio Bureau of Motor Vehicles 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. 1. Make sure the BMV knows how to reach you. The burden is upon you to notify them of any address change. Courts will accept their statement that they sent you information at your last known address as valid even if you did not get it. You can apply for an address change on line here.2. Make sure the court knows...

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