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Dayton DUI Attorney Charles Rowland > Posts tagged "Franklin"

OVI Crackdown: Drive Sober Or Get Pulled Over

OVI Crack Down Throughout Ohio.  Aug. 21 through Sept. 7 (Labor Day), law enforcement partners nationwide will show zero tolerance for drunk driving. Increased state and national messaging about the dangers of driving drunk, coupled with checkpoints and increased officers on the road, aim to drastically increase OVI arrests. This is part of the annual "Drive Sober or Get Pulled Over" campaign.There will be three sobriety checkpoints in the Miami Valley area tonight and multiple checkpoints throughout Ohio. Kettering will be holding its checkpoint on Saturday, with details of the location released Saturday morning.The Germantown Police Department will conduct a checkpoint from...

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Franklin Municipal Court Drug Court Is Coming

Judge Rupert E. Ruppert of the Franklin Municipal Court will soon be implementing a drug and a mental health docket. The decision follows a decision by the Warren County Commission to hire a full-time magistrate to help implement the new dockets.  Greg Demos was picked by Judge Ruppert to be the Court's Magistrate. The plan is to have both of the programs up and running by June. The Franklin Municipal Court, like many courts in the Miami Valley, has been dealing with an increase in heroin cases in Franklin, Carlisle and Franklin Township. [see DDN story]We will report whether or not...

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Warren County Courts Consider Consolidation

In a recent Dayton Daily News article, the prospect of merging the Warren County Court into the Franklin Municipal Court and the Lebanon Municipal Court was brought before the Warren County Commissioners.  At the request of Franklin Municipal Court Judge Rupert Ruppert and Lebanon Municipal Court Judge Mark Brogen, the Warren County Commission has contracted the National Center for State Courts to study whether the county court should be consolidated with the municipal courts in Franklin and Lebanon. The county agreed to pay the NCSC $25,992 to study the consolidation, and the report is due at the end of May or...

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Arrested for DUI? You Are Innocent.

If you tell your friends that you were arrested for punching someone in the face, their overwhelming reaction will be, "Wow, what happened?"  If, however, you tell them that you were arrested for DUI, those same friends will say, "Oh, I'm so sorry."  What is the difference?  When a person is facing a DUI charge, guilt is assumed.  How in the world did this happen?  How did our presumption of innocence, so valued in the American tradition of law, become so cheapened?  Perhaps we can look to the politically charged nature of the crime of drunk driving.  We can blame...

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Did You Sign The Ticket? (by DaytonDUI)

An often-overlooked piece of exculpatory evidence is your signature. When the officer has read and explained your rights prior to conducting an evidential breath test, he or she will ask you to sign a form entitled the  BMV Form 2255 Notice of Administrative License Suspension.  Under Ohio Revised Code 4511.192 (A) "The officer SHALL give that advice in a written form that contains the information described in division (B) of [that] section and SHALL read the advice to the person. The form shall contain a statement that the form was SHOWN to the person under arrest and read to the person by...

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Defending The Accusation Of Slurred Speech (by DaytonDUI)

A very common observation by law enforcement in an impaired driving investigation is the presence of "slurred speech."  Experience trial counsel will look to the totality of evidence to combat the damning accusation of slurred speech.Many traffic stops are now captured on video tape.  As the quality of the recordings has improved we are often able to hear exactly what the officer is hearing.  Reasonable people can disagree as to whether or not the speech on a video is "slurred" and whether or not it was fair for the officer to describe the speech as slurred.  Another, more subtle method...

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The Problems With Portable Breath Tests (by DaytonDUI)

In possibly the best article you will ever read on portable breath testing, DUI attorneys Justin McShane and Josh Lee describe the portable breath test devises which are used by the Ohio State Highway Patrol as a "potentially dangerous, non-specific and non-selective measures at roadside."  You can find the article HERE and in the Voice for the Defense. The Problems of Fuel Cell Devices1.1. Lack of Specificity20 for EthanolAs PBTs are used for purportedly forensic purposes, their specificity for ethanol becomes a critical factor. The electrochemical detector is not specific for ethanol.21 Indeed, there is “much evidence to show” they are actually not...

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Miami Valley Municipal Court Finder (by Dayton DUI)

If you are arrested for OVI in the Miami Valley, your case will most likely be heard in a municipal court.  Click on the below links to access the municipal court's web site .  If you need to find a qualified OVI attorney, check out www.DaytonDUI.com or contact Charles M. Rowland II HERE.Montgomery County Municipal CourtsMontgomery County Municipal Court (Eastern Division) Montgomery County Municipal Court (Western Division) Dayton Municipal Court Kettering Municipal Court Oakwood Municipal Court Miamisburg Municipal Court Vandalia Municipal CourtGreene County Municipal CourtsFairborn/Beavercreek Municipal Court Xenia Municipal CourtClark County Municipal Court (covering all of Clark County, Ohio)Clark County Municipal CourtMiami County Municipal Court (covering all of...

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Lawyer Up! Invoke Your Right To Remain Silent (by DaytonDUI)

The Fifth Amendment to the U.S. Constitution provides that no person shall be compelled in any criminal case to be a witness against himself.  At trial, the prosecution can neither call the defendant as a witness, nor comment on the defendant's failure to testify.  Whether to testify or not is exclusively the privilege of the defendant. Harris v. N.Y., 401 U.S. 222,225 (1971).  Outside the context of detention or arrest, a person has no duty to answer any questions of police at all; and if judicial compulsion is sought by the State, the person still can invoke his Fifth Amendment...

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Warren County Ohio Courts (An Overview)

Several courts serve Warren County, Ohio.  Frequently, we encounter questions about where a Warren County DUI case will be heard.  Here is an overview of all of the Warren County, Ohio courts complete with links and other important information.Warren County Common Pleas Court (hearing all felony offenses in Warren County) located at 500 Justice Drive, Lebanon, Ohio 45036.  The Court operates Monday through Friday, 8:00 a.m. to 4:30 p.m. and can be reached at the following telephone numbers (513) 695-1346 [Lebanon number], (513) 261-1346 [Middletown/Franklin number], (513) 925-1346 [Cincinnati number] and (937) 425-1346 [Dayton number].  The Juvenile and Common Pleas Courts...

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