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Dayton DUI Attorney Charles Rowland > Posts tagged "federal law"

Military DUI: FAQ’s For Active Duty Soldiers Who Face A DUI Charge

Ohio Military DUI camo

If you are an active duty soldier and receive a military DUI (drunk driving) charge, you may face civilian DUI penalties or military DUI punishment.  This article will describe what military penalties are available and under what circumstances they are invoked. https://youtu.be/ekx44mzHy3kWho Will Prosecute My Military DUI?The overwhelming number of DUI cases will be prosecuted in the civilian courts and the military authorities will not seek jurisdiction. Punishment under the Uniformed Code of Military Justice (court martial/Article 15s) is not available to the military if the civilian authorities are prosecuting your DUI case.  This is true even if your DUI case gets dismissed or reduced. ...

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Do You Face A Military OVI Charge?

Do you face a military OVI? The consequences of an OVI while serving active duty in the military can be devastating: dishonorable discharge, rank reduction, pay deduction, loss of security clearance, fines and jail time and mandatory military counseling sessions and potential exclusion from some sensitive operations.  Military regulations often subject its members to enhanced Non-Judicial Punishment (NJP), which go above and beyond the punishments allowed by civilian law.  We are seeing more cases where the leadership is “cracking down” on drunk driving offenses and promising to end the career of personnel who are found guilty of a military OVI offense.  This...

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Ohio’s Best Evidence Rule: What Does It Keep Out Of Evidence?

Ohio's Best Evidence Rule is set forth at Evid.R. 1002.  It is very similar to its' federal counterpart.  Ohio Rule of Evidence 1002 provides that,To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these rules or by statute enacted by the General Assembly not in conflict with a rule of the Supreme Court of Ohio. But also like its federal counterpart, Ohio Rule of Evidence 1004(1), Ohio's Best Evidence Rule, provides thatThe original is not required, and other evidence of the contents of a writing, recording, or photograph is admissible if...

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Federal OVI Offenses: Where Will My Case Be Heard?

Federal OVI offenses are handled in the United States District Court for the Southern District of Ohio.  Established in 1803, the United States District Court for the Southern District of Ohio handles over 400 criminal cases (including Federal OVI offenses) a year in 48 of Ohio’s 88 counties.  The court has an eastern division, located in Columbus and two western divisions located in Dayton and Cincinnati.  If you are arrested for a Federal OVI offense in Champaign, Clark, Greene, Darke, Miami, Montgomery, Preble or Shelby counties you will appear in Dayton’s Federal Building, 200 W. Second St., Dayton, Ohio 45402.  You can...

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Unintended Consequences of an Ohio DUI Charge

A drunk driving charge can affect you in ways that you may not expect. Listed below are some of the more vexing issues associated with an Ohio DUI (OVI) charge.1. Child Custody - If you are involved in a custody dispute, or have a vindictive spouse who would like to start one, a DUI/OVI conviction can be used against you in domestic relations court.  Automatic 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/OVI conviction, thereby increasing the cost or...

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Arrested at Wright-Patterson AFB?

  WE CAN HELP IF YOU ARE ARRESTED ON BASE We have a former J.A.G. officer on staff to help with military DUI/OVI cases.  Located conveniently near Wright-Patterson Air Force Base, Charles M. Rowland II has successfully represented active-duty military, contractors, and civilian employees for over 15 years.  He knows how to deal with issues of deployment, security clearances, loss of rank, loss of on-base driving privileges and issues related to out-of-state licenses.  If you find yourself arrested for OVI in or near Wright-Patterson Air Force Base and you will be required to appear in the United State Federal Court or the...

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When Not To Fly (by DaytonDUI.com)

If you are a pilot there are strict rules on when you can fly an aircraft.  According to federal regulations, set forth below, a pilot may not attempt to fly an aircraft or even attempt to be a crew member of a civil aircraft :Within 8 hours after consuming alcohol; While under the influence of alcohol; While under the influence of any drug that impairs a person in a way which is is contrary to safety; While having a blood alcohol concentration equal to or greater than 0.04 grams per decilitre of blood or grams of alcohol per 210 liters of breath.There are also strict...

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Prior DUI Offenses (Federal and Out-of-State)

My practice is proud to serve the military community in and around Wright-Patterson Air Force Base.  One of the recurring questions we get from military personnel is whether or not a federal or out-of-state DUI can be used to enhance a DUI they get here in Ohio.  At one time they did not.  Now, however, the offenses received in another state or on federal property do count. See Ohio Revised Code 4511.181(A).  DUI defense attorneys challenged the ex post facto application of R.C. 4511.181(A) but the courts have held that since it serves only as an enhancement it meets constitutional...

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Flying While Impaired: Pilots’ DUI Reporting Requirements

Representing a pilot is one of the most specialized areas of DUI (drunk driving) practice.  Often, even if the pilot avoids a DUI conviction, consequences may still exist based on the fact that the pilot refused a breath test or blew over the legal limit.  Charles M. Rowland II has represented members of the military, military and civilian pilots, law enforcement, paramedics/EMTs and other who face a career-ending DUI charge.  Military pilots and private pilots face strict rules imposed by the Federal Aviation Administration (F.A.A.).  We protect your pilot's license. If you are a pilot charged with drunk driving you...

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Federal Court DUI

Misdemeanor drunk driving charges occurring on federal lands (such as national parks and military bases)  fall under the jurisdiction of the federal courts.  Established in 1803, the United States District Court for the Southern District of Ohio handles over 400 criminal cases a year in 48 of Ohio's 88 counties.  The court has an eastern division, located in Columbus and two western divisions located in Dayton and Cincinnati.  If you are arrested for a federal DUI offense in Champaign, Clark, Greene, Darke, Miami, Montgomery, Preble or Shelby counties you will appear in Dayton's Federal Building, 200 W. Second St., Dayton, Ohio...

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