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

What is a Physical Control Violation? Is It Better Than An OVI?

Why should I consider a reduction to Physical Control? Want to know what physical control means for your case? Watch our video on physical control charges .  While a “physical control” conviction (O.R.C. 4511.194)  is similar to an OVI conviction (O.R.C. 4511.19) in that both are alcohol-related first degree misdemeanors, the PC conviction does not carry mandatory minimum penalties. In fact, a court may give proportionally lighter penalties due to the fact that you did not operate your vehicle and place others at risk.There are many reasons why an attorney may seek a physical control charge as a reduction from an OVI...

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Ohio State Highway Patrol – Ohio’s Drug Warriors

A state law passed in 2012 banned knowingly possessing hidden compartments in vehicles that are designed to conceal elicit drugs or evidence. The Ohio State Highway Patrol has used this law in their role as Ohio's leading drug warriors. Since 2012, OSP has tallied 24 cases of hidden compartment violations and counting.  Punishments are steep with charges ranging up to a second degree felony.  In addition, the car is crushed.If you are involved in a traffic stop, expect that the trooper is looking to convert the stop into a drug investigation.  Drug citations growing! More than 7,000 violations were tallied in...

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The Phase Two Finger Dexterity Test

Can you do the Finger Dexterity Test? There are three distinct phases to an alcohol investigation. The first phase involves the officer's observation of a person's driving. It is called the "Vehicle In Motion" phase. The ultimate determination in this phase is whether or not the officer will initiate a traffic stop.  Phase one of the investigation ends when the driver stops the car.Phase two, the "Personal Contact Phase" begins when the officer comes into contact with the driver.  The officer is trained to look, listen, and smell for cues of impairment. The ultimate decision in this phase is whether or...

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Ohio DUI Defense – What Books Do You Need?

Ohio DUI defense includes having the right materials to prepare your case for trial.  There are 14 NHTSA police training manuals that are specific to an DUI/OVI case.  They are:NHTSA DWI Detection and Standardized Field Sobriety Testing - Instructor Manual NHTSA DWI Detection and Standardized Field Sobriety Testing - Participant Manual NHTSA Drug Recognition Expert 2-Day Pre-School - Instructor Manual NHTSA Drug Recognition Expert 2-Day Pre-School - Participant Manual NHTSA Drug Recognition Expert 7-Day School - Instructor Manual NHTSA Drug Recognition Expert 7-Day School - Student Manual NHTSA Drugs that Impair Driving - Instructor Manual NHTSA Drugs that Impair Driving - Student Manual NHTSA Standardized Field Sobriety Testing...

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Defending A DUI: The Exit Sequence

The only way an officer will care about how you exit the vehicle is if he has already determined you may be impaired by alcohol or a drug of abuse. NHTSA IV-6. Therefore, to avoid the appearance that you are impaired, exit the car in an orderly fashion as instructed by the officer. From that point you can decide if it is in your interests to participate in the standardized field sobriety tests. Why would you?...

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How To Properly Evaluate A Plea Offer

We have all seen this scenario: An attorney triumphantly bounds out of a prosecutor's office and announced that he or she just got the best plea offer ever!  But is it?When evaluating a plea offer keep in mind the "Cleanest Pig In The Pen Fallacy."   As attorneys, often justify our actions, our plea deals and our advice based on what we have seen other attorneys do and experience. Often, this knowledge is invaluable and can save clients from making horrible misjudgments of their situation.  We base our decisions on the context, providing our clients with a risk assessment based...

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Dayton Cop Block Protests At OVI Checkpoint

The controversy surrounding OVI checkpoints continues.  Citizens opposing the infringement on their Constitutional rights gathered together recently to protest at the OVI checkpoint held in Washington Township on March 17th (St. Patrick's Day).  The Dayton Cop Block organization vows to be present at other OVI checkpoints in the Miami Valley.As you watch the video you will see both protesters and police behaving very well.  The police officers are doing what they can to keep people safe and the protesters are voicing their dissent in a peaceful way. There could be nothing more American than that.As you are aware, this author...

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DUI Expungements Still Not A Reality In Ohio

Ohio Senate Bill 143 (OH SB143) was passed in the Senate June 4, 2014, and signed by Gov. John Kasich June, 2014. The new expungement law shall become effective September 19, 2014.  This follows the 2012 change to Ohio's expungement law (Ohio Senate Bill 337) which changed the requirement of “first offender” to “eligible offender,” expanding the types of convictions and how many convictions that a person can seal and expunge from their criminal record.  Under the new law, even more people may be eligible for an expungement.  Are DUI charges now eligible for expungement? No!Significant provisions of the new...

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St. Paddy’s Day Dayton DUI Checkpoint In Washington Twp

The Montgomery County Sheriff and the Montgomery County OVI Task Force will be conducting a St. Patrick's Day sobriety checkpoint on Tuesday from 7 to 11 p.m. in Washington Twp.  Dayton will be alive today as we simultaneously celebrate the First Four with our very own Dayton Flyers participating.  It is also St. Patrick's Day and Dayton loves to celebrate. Learn about the next DUI checkpoint in Dayton by receiving text alerts. We encourage you to plan ahead, be responsible and know your rights! If you need to speak to an OVI (Drunk Driving) Attorney, contact Dayton DUI Attorney Charles M....

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Middletown OVI Checkpoint (Friday, March 14, 2015)

The Ohio State Highway Patrol announced a Middletown OVI checkpoint tonight beginning at 9 p.m. at Verity Parkway/Rt. 4 near 18th Ave.  This is part of the statewide, grant-funded St. Patrick's Day enforcement effort. Sign up for text alerts to get notified on your phone of OVI checkpoint. You can expect to see an increased number of officers on the road.  99 local law enforcement agencies around the state will be conducting more than 2,100 hours of enforcement activity and 1,900 hours of saturation patrols in addition to 15 sobriety checkpoints, funded by federal grants provided through the Patrol’s Ohio Traffic...

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