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Dayton DUI Attorney Charles Rowland > Posts tagged "dui" (Page 2)

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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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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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 hereHe 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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All I Do Is DUI Defense

"All I do is DUI defense."When I became a Dayton lawyer in 1995, I did all sorts of law. For a while, I practiced complex civil litigation and consumer law. Frequently, I would appear in divorce court in the morning, civil court in the afternoon. Often I would represent all manner of defendants in criminal court.The thing that changed me from a Dayton lawyer to a DUI lawyer was my time as a part-time prosecutor. I was lucky enough to be offered the job as fill-in prosecuting attorney in the Xenia Municipal Court. That experience taught me that one of...

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