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OVI in Xenia Ohio: Everything you need to know

Charged with an OVI near Xenia? Xenia OVI and DUI Lawyer Charles M. Rowland II can help you win your case in the Xenia Municipal Court.  He has been practicing in the court since 1995 and has worked hard to make himself Xenia's choice for DUI defense. He has also served as Xenia Municipal Court prosecuting attorney. Twice yearly he helps the Greene County Police Academy by conducting mock "motions to suppress." Charles has served as an special prosecutor in both the Xenia Municipal Court and the Greene County Court of Common Pleas. He has created Xenia specific resources to provide detailed information about...

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Appreciable Impairment Offenses – You Look Drunk!

Appreciable Impairment Offenses:  If you refuse to take a chemical test, the State might still be able to prove you guilty of an OVI if they prove (beyond a reasonable doubt) that you  operated a motor vehicle after having consumed some alcohol, drugs of abuse, or a combination of the two and their ability to operate the motor vehicle was appreciably impaired.  How does a jury determine “under the influence?”  The following is an excerpt from the Ohio Jury Instructions regarding appreciable impairment cases: “Under the influence” means that the defendant consumed some (alcohol) (drug of abuse) (combination of alcohol and...

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“Weed Day” How Did 420 Get It’s Name?

April 20th is Weed Day. I am fascinated by the origin of the term "420" and how it became associated with marijuana.  There are as many stories about its origin as there are people you ask.  Just a short search on Google leads to the following "Weed Day" origin stories.It’s the number of active chemicals in marijuana. It’s teatime in Holland. It has something to do with Hitler’s birthday. It’s those numbers in that Bob Dylan song multiplied. It was like a police code for smoking in progress or something. In 2003, when the California Legislature codified the medical...

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Felony OVI – Aggravated Vehicular Homicide (VIDEO)

Felony OVI - Aggravated Vehicular Homicide Felony OVI -Aggravated Vehicular Homicide, O.R.C. 2903.06, is a crime that results from the death of another caused by the defendant’s operating a vehicle while impaired. (a violation of R.C. 4511.19 -OVI) You can also be charge for driving negligently or recklessly under the law. The aggravated vehicular homicide statute encompasses driving an automobile recklessly or negligently (called vehicular homicide) whether or not alcohol played a part in the death. Often, defendants are indicted for multiple counts, with additional counts for each victim of the accident. Felony OVI - Penalties The penalties for an Aggravated Vehicular Homicide...

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DUI Divorce Issues

DUI Divorce Issues DUI divorce issues are common. If you are involved in a custody dispute, or have a vindictive spouse who would like to start one, a DUI conviction can be used against you in domestic relations court.  In addition, automatic license suspensions may make it difficult to exercise visitation with your children.  You may also find a court who will refuse to let you transport the children due to a DUI conviction. This increases the cost or difficulty in seeing your kids.   If you are seeking an adoption, a DUI conviction may be used against you by an investigating...

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Arrested for OVI? Should You Blow?

When you are stopped on suspicion of DUI the question becomes - "Should You Blow?" Unfortunately, the answer is "maybe. " The analysis involves a very complicated investigation of the facts of your case and your personal history. You should NEVER refuse the Breathalyzer 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. Wondering if you still have a defense if you take the Breathalyzer test? https://youtu.be/74L8uXECD9A Here's the test Can you answer "TRUE" to ALL of the following...

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DWI, DUI, OMVI, OVI, Drunk Driving – Is There Any Difference?

DWI, DUI, OMVI, OVI, Drunk Driving - Is There Any Difference? Spoiler Alert: DWI, DUI, OMVI and OVI all mean the same thing.  Operating a vehicle under the influence alcohol violates Ohio Revised Code 4511.19. Colloquially, the most common way to describe drunk driving is by referring to it as a DUI. In addition, news organizations use the term DWI. DWI (driving while impaired) is also frequently used to describe drunk driving.Here in Ohio we don't use DWI, DUI or OMVI to describe the legal charge.  In 1982, Ohio enacted a law that refers to driving under the influence of alcohol or drugs...

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Miamisburg Municipal Court Case Look-Up Information

If you have been arrested on suspicion of drunk driving in the Miamisburg Municipal Court, you can find information about your OVI case at the Miamisburg Municipal Court Public Information (case look-up) site - HERE. Find out everything you need to know about an  OVI or DUI in Miamisburg hereThe jurisdiction of the Miamisburg Municipal Court includes any arrest for misdemeanor DUI in  Miamisburg, West Carrollton,Germantown, German Township or Miami Township.  The Miamisburg Municipal Court, located at 10 N. First Street, Miamisburg, Ohio 45342, serves a population of over 80,000 and handles in excess of 15,000 cases per year.  The court is open Monday through Friday, 8:00...

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You Have Rights! Use Them!

You Have Rights! You have rights - use them! A typical DUI/OVI stop starts with a probable cause traffic stop.  Depending on the time of day, the location or the way you are driving, the officer may begin the encounter believing that you are possibly "19" (police shorthand for a possible R.C. 4511.19 (DUI) violation). Probable cause for the stop can be anything from severe weaving or crashing all the way down to something as de minimus as a license plate light out.  The officer's true purpose in pulling you over cannot be questioned if there is even a minor violation...

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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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