a

Facebook

Twitter

Copyright 2019 Dayton DUI.
All Rights Reserved.

9:00 - 17:00

Our Opening Hours Mon. - Fri.

Facebook

Twitter

Search
OVI Menu
 

DUI/OVI attorney Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "DUI/OVI attorney" (Page 16)

Warren County/Springboro OVI Checkpoint (August 9, 2013)

There will be an OVI checkpoint in Warren County tonight!   The checkpoint will be held on SR 741, which is just north of W. Lytle Five Points Road in Warren County from 8:00 p.m. until 11:00 p.m.  The checkpoint will be accompanied by aggressive saturation patrols.  If you want to receive updated information on OVI checkpoints,  enhanced traffic enforcement, saturation patrols and other important developments that affect you, sign up for text alerts on the main page of this blog.  Text alerts will be sent directly to your mobile device/smartphone in the location you choose in the Miami Valley.  In the past month we have...

Continue reading

Community Control (Probation) in an OVI Case

If you are charged with a DUI (now called OVI; operating a vehicle impaired) chances are you will be placed on probation at the disposition of your case. Probation is now called "community control" and provides for terms and conditions you must comply with in order not to go to jail.  Probation requires you to work with a "probation officer" (P.O.) for a given period of time as set by the court.  A common misconception is that the probation officer will actively work against you in an effort to return you to jail.  Most of the time, the probation officer is working to make...

Continue reading

OVI In The Dayton Municipal Court

If you are arrested for OVI in the City of Dayton, your misdemeanor DUI case will be heard in the Dayton Municipal Court. The Dayton Municipal Court is located at 301 West Third Street Dayton, Ohio 45402.  You can visit the Dayton Municipal Court’s website at:www.DaytonMunicipalCourt.org. Office hours for the Clerk of Court are 8:00 a.m. to 4:30 p.m., Monday through Friday, excluding holidays, for the acceptance of case filings and payments. Parking, Traffic and Criminal payments can also be paid online at www.PayMyFine.org.  A full list of contact numbers is available on the Court’s website and the Clerk can be reached at (937)...

Continue reading

Ohio OVI Law: The Habitual Offender Registry

Ohio OVI law states that you  can't be a chronic alcoholic and drive in Ohio.  Ohio driver's license laws forbid the issuance of a driver's license to, or the retention of a license by, a person who is "alcoholic, or is addicted to the use of controlled substances to the extent that the use constitutes an impairment to the person's ability to operate a motor vehicle with the required degree of safety" (Ohio R.C. 4507.08(D)(1).  Such persons will be placed on Ohio's Habitual Offender Registry.If you have an OVI conviction after September 30, 2008 and you have four or more prior OVI (or equivalent) convictions in...

Continue reading

Ohio DUI Law And The Portable Breath Test

In State v. Shuler , 168 Ohio App.3d 183, 2006-Ohio-4336, the Ohio Supreme Court took up the issue of whether a portable breath test device (hereinafter 'PBT') can be used as evidence in a drunk driving prosecution.  The court found that, PBT devices are not among those instruments listed in Ohio Adm.Code 3701-53-02 as approved evidential breath-testing instruments for determining the concentration of alcohol in the breath of individuals potentially in violation of R.C. 4511.19. PBT results are considered inherently unreliable because they “may register an inaccurate percentage of alcohol present in the breath, and may also be inaccurate as to...

Continue reading

OVI Breath Tests: Faulty Assumptions

Why do Ohio OVI attorneys question OVI breath tests? Each of our lungs contain about 300 million small air sacs called “alveoli” that are responsible for the air exchange that keeps us alive.  In the alveoli, oxygen from the inhaled air is exchanged for carbon dioxide.  Air finds its way to the alveoli via the trachea which divides into the two main stems (bronchi) of the lungs.  From there, the air passes through sub-bronchi that may subdivide over 23 times.  As the air is passing through the lungs it passes over a rich layer of mucus which warms and humidifies...

Continue reading

OVI Checkpoints: The Reason To Get Rid Of Checkpoints & Cameras

The Reason to Get Rid of OVI Checkpoints & Cameras?  Glad You Asked. In his book Why People Obey The Law, legal scholar Tom Tyler argues that compliance with the law has less to do with deterrence (fear of penalty) than with the rational decision that complying with the law is in a person's self-interest.  More important to their compliance is the decision that following the law is the right thing to do.  Having the biggest impact on their perception of the law is the belief in the legitimacy of the authority.  "People who go to traffic court are less concerned...

Continue reading

DUI & The International Driver’s License

In Ohio, there is no such thing as an international driver’s license for United States citizens.  If you are using an “international driver’s license” in place of a state-issued license, you should stop immediately. It is illegal, and if caught, you will face criminal charges.  If your Ohio State driver's license has been revoked due to a DUI (now called OVI), you cannot drive here on any other license. If you have a valid license from somewhere else, you may be able to drive in other jurisdictions. Check with local counsel.If, however, you are a new arrival to the United States...

Continue reading

No Miranda Rights for DUI Cases?

There was a time when the Miranda Rights were not extended to drunk driving cases. In State v. Pyle, 19 Ohio St. 2d 64, 48 Ohio Op. 2d 82, 249 N.E.2d 826 (1969) the Ohio Supreme Court reasoned that the rights guaranteed under the Supreme Court decision in Miranda v. Arizona did not apply to misdemeanor cases (like DUI).  The ostensible reason for this distinction was that the level of interrogation in a misdemeanor case is less intrusive and coercive than the rigorous interrogation in a felony case.  The United States Supreme Court disagreed.The holding in Berkemer v. McCarty, 468 U.S....

Continue reading

Alcohol Impairment & Your Ears

Alcohol acts as a sedative on the central nervous system, which explains the impaired speech, vision, coordination, and concentration. But the part of the brain it affects the most is the part responsible for behavior and emotion. Your sense of judgment is weakened, and suddenly speaking your mind doesn't seem so bad. You feel braver since your socially conditioned safety stops or filters are circumvented.  But how does it affect your hearing?According to studies, "[a]uditory acuity is not generally affected in humans at low blood alcohol levels (less that 0.10 g/dL).  Pihkanen & Kauko (1962) reported impairment in two out...

Continue reading