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

Federal Court Overturns Bogus DUI

Sober woman sues after being jailed on a false drunk driving charge. When courts acquiesce to lowering the standards for arrests and heighten the importance of placing people under arrest for the political crime of OVI, injustices are sure to follow.  Just such an injustice was done to Catrena Green and she’s fighting back!Green was stopped in August 2008 by an Ohio State Trooper for failure to dim her high beams.  When the Trooper stopped Green, she explained that due to the wet conditions she was trying to be careful.  She then asked if she had done anything else.  "No, not...

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Ohio Controlled Substances Act, Drug Schedules

If you get arrested for possession of a controlled substance, it feels like your world is falling apart.  If you are unfamiliar with the judicial system you are likely scared to death and wondering what will happen.  The first and most important decision you can make at this point is to hire an experienced and competent defender.  Charles M. Rowland II will file a motion to suppress, aggressively prepare for trial and present your best case to the prosecutor.  Preparation leads to better results including dismissal, a reduction in your charge, treatments in lieu of conviction, or an acquittal at...

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Military DUI: Must I Self-Report? by Richard T. Brown USAF Judge Advocate (ret)

One Strike and You’re OUT. An Update on the Self-Reporting Requirement.  The military has always been the employer of last resort.  When the economy is good the military is hard pressed to meet recruitment.  When the economy is bad the military can and does get very picky.  Today the civilian authorities seem to agree that the best place to cut federal spending is the military.  Force reduction has been policy in the past and will be again in the future.  The self-reporting requirement is a force management tool.For the individual member the best advice is not to self- report.  As a...

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Montgomery County Courts (An Overview)

If you are arrested for DUI in Montgomery County, Ohio, your case will be heard in one of the courts below. Montgomery County Court of Common Pleas.  This court hears all felony level cases including aggravated vehicular homicide, aggravated vehicular assault and felony-enhanced DUI offenses.  The Court is located in the Montgomery County Courts Building at 41 N. Perry Street in downtown Dayton.  The Judges who serve the Montgomery County Court of Common Please are: Dennis Adkins, Steven Dankof, Barbara P. Gorman (Administrative and Presiding Judge), Mary Katherine Huffman, Dennis J. Langer, Frances E. McGee, Timothy N. O’Connell, Connie S. Price, Gregory F. Singer, Michael L. Tucker, and Mary Wiseman.  You can contact the...

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Drunk Driving and Deportations

Drinking and driving is never a good idea, but if you happen to be an illegal immigrant a DUI charge can mean more than just fines.According to the Associated Press, drunk driving-related deportations have nearly tripled from 10,851 cases in 2008 to 28,635 in the fiscal year ending September, 2010. Another 13,028 illegal aliens were deported for other serious traffic violations – three times the 4,527 offenders deported in 2008.  If this trend continues, drunk driving may surge ahead of drug crimes to become the number one cause of criminal deportation.  The increase in DUI-related deportations helped the government set...

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Radio Frequency Interference

Image via WikipediaRadio frequency interference (RFI) or electromagnetic interference can arise when radio signals transmitted in proximity to a breath testing instrument are amplified in a way indistinguishable from electronic signals generated by the instrument during an analysis.  Most instruments are shielded from such interference, have RFI detectors that prevent testing if significant RFI sources are present or both.  Breath testing protocols typically prohibit the use of handheld transmitters in the proximity of the instrument while it is being operated (National Safety Council, 1992).  Subject testing protocols that include the analysis of air blanks, known alcohol samples and agreement...

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Ohio DUI & FBI Background Checks

The FBI maintains the National Crime Information Center (NCIC) which started in1967 with five files and 356,784 records. By the end of 2009, NCIC contained more than 15 million active records in 19 files. NCIC averages 7.5 million transactions per day. The intent of the NCIC is to be comprehensive in nature, through a cooperative network between local, state and federal law enforcement agencies. The Interstate Identification Index, which contains automated criminal history record information, is accessible through the same network as NCIC. Individual states have internal records that may indeed be forwarded along to the NCIC as...

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Military DUI: What Happens Now?

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 an OVI offense.  This limits the ability of commanding...

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Criminal Defense Attorney Quote of the Week

By Alan M. Dershowitz, from the forward to THREE FELONIES A DAY, How the Feds Target the Innocent by Harvey A. Silverglate. The Soviet legal system was evaluated by the Communist Party not by its ability to dispense justice but rather by its efficiency.  As Alexander Solzhenitsyn put it in his masterful work on the Gulag Archipelago, a garbage disposal system is not judged by its fairness but rather  by its ability to dispose of the garbage quickly and inexpensively.  We are not the Soviet system and there is little danger that we will ever reach nadir of injustice.  But, ...

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Posse Comitatus Act: Federal DUI Enforcement at Wright-Patterson AFB

Image via WikipediaQuestion: A client gets stopped by U.S. Air Force security personnel at the gate at Wright-Patterson Air Force Base on suspicion of drunk driving.  Civilian client is then taken onto the base where he is given a breath test by a U.S. Air Force technician.  Civilian client is then cited and receives a summons to appear in Federal Court.  At no time during this process does he come in contact with any “civilian” law enforcement officer.  When the client comes to my office he asks how “military” forces have jurisdiction to enforce Ohio laws against civilians.  Going on he asks, “Doesn’t my arrest violate...

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