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Presumption of Innocence? Not For OVI

The History of The Presumption of Innocence The presumption of innocence, Ei incumbit probatio qui dicit, non qui negat. It is the principle that one is considered innocent unless proven guilty. It dates back to the very foundations of western jurisprudence. The sixth century Digest of Justinian provides, as a general rule of evidence:"Proof lies on him who asserts, not on him who denies." The presumption requires that the prosecution has the obligation to prove each element of the offense. They must prove each beyond a reasonable doub. The accused bears no burden of proof. This is often expressed in the phrase innocent until proven...

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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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Binge Drinking and College Culture – Dayton DUI

Binge Drinking - What Is The Problem? Some opponents of alcohol consumption target the problem of binge drinking on college campuses. While there is no consensus on what "binge drinking" is, we know that college students do a lot of it. Binge drinking is the current target of temperance proponents. It is blamed for everything from sexual assaults to deaths from consumption. When a person consumes heavily, with the intention of achieving intoxication above .08% BAC, they are "binge drinking" according to critics. 74.4 percent of the time they are doing it with beer. (Nami, et.al. 2004). Wine bingers are rare....

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Alcohol Influence Report – OVI Trial Strategy

The Alcohol Influence Report is a document prepared by the arresting officer noting each and every indicator for alcohol impairment that they took note of in their investigation. Most of the forms require that the officer simply check the predetermined indicator. Not surprisingly, all the officer's observations fall neatly into these predetermined areas. The report is a document of the officers opinions and should not be considered routine ministerial reports of a non-adversarial nature. Clearly, letting the jury have this document as evidence to review in the jury room would be prejudicial to an OVI defense. You need an attorney who...

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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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Centerville DUI Lawyer Charles M. Rowland II

Centerville DUI Attorney? Call Charlie at (937) 318-1384 Centerville DUI attorney Charles M. Rowland II has been serving the people of Centerville since 1995. All arrests in Centerville are heard in the Kettering Municipal Court. Check out all of the articles on this blog about the Kettering Municipal Court. Here are some important links to the Kettering Municipal Court and the City of Centerville. Centerville, Ohio Kettering Municipal Court Small Claims Court Legal Terminology Jury Service Employer’s Guide to Garnishment For a list of other available publications link here He focuses his practice exclusively on defending the accused drunk driver. Choose Charlie...

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Drugged Driving – Dude, I’m Injured Not Stoned

DRUGGED DRIVING - IS THIS PERSON INJURED OR STONED? When a law enforcement officer comes upon a crash scene he or she may suspect illicit drug use. Their training, the  National Highway Traffic Safety Administration manual and common sense dictate that no suspicion of drug use be  assumed without evidence. When a case involves medical problems, a drug investigation (DRE, drug recognition expert evaluation) should not be performed. This is the rule per NHTSA. The government wants to avoid confusing possible drug use with the observations really being medical issues. Where the NHTSA manual states in a situation like this, "your primary...

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Fairborn OVI? Contact Charles M. Rowland II

Fairborn OVI Attorney Charles M. Rowland II If you have been arrested for OVI in Fairborn or Bath Township, your misdemeanor case will be heard in the local Municipal Court, 1148 Kauffman Ave. in Fairborn, Ohio. Need to find information about a case in the Fairborn Municipal Court? Search HERE. For case information or visit the court’s web site HERE. I am a life-long resident of Greene County.  I have represented the accused drunk driver in the Fairborn/Beavercreek Municipal Court since 1995. In addition, my office is conveniently located near Wright-Patterson Air Force Base and the Mall at Fairfield Commons. OVI law is my...

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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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