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Dayton DUI Attorney Charles Rowland > Posts tagged "Government"

They Are Listening To Us – Act Now!

Last Friday I received a call from State Representative Rick Perales regarding the pending bill regarding red-light/speed cameras now before the Ohio legislature.  Representative Perales is a freshman Representative elected to Ohio's 73rd District which includes Greene County.  I cannot say how much I was impressed with his grasp of the issue and his acknowledgement of the  myriad problems raised by allowing these cameras to ticket people without due process protections.  Though not a lawyer by training, he is fully aware of all of the legal concerns at the heart of this issue and acknowledged the arguments that opponents of...

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Dayton DUI Lawyer’s Creed; fight for the system

Our values suggest that when the government accuses you of a crime you have the right (and your attorney the duty) to challenge the evidence against you.  If attorneys vigorously fight your case, the police are trained to do a better job investigating and prosecuting crimes.  Judges who hold the state to a higher standard and prosecutors who properly exercise discretion, protect the citizens from tyranny.  Being pro-law enforcement should not ever mean we give police a pass, but that we hold them to such a standard that even in the most difficult case we trust the system.  This was...

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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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Why is it called Moonshine?

During America's "Noble Experiment" (a.k.a. Prohibition), bourbon makers were given away by the smoke rising from their stills.  G-men (government men), T-men (Treasury agents) and Revenuers would simply gather and wait for the smoke to rise.  To combat this treachery, small batch connoisseurs would wait until night to cook their elixir.  This came to be known as moonshining and the resultant brew as moonshine.  The 'shiners were unable to barrel-age their whiskey, so the product was raw and clear and as strong as a right hook.  A fast car was a necessity to...

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DUI Checkpoints Cause Problems in California

What started as a routine DUI checkpoint by the Redwood City Police Department July 2 ended with a small crowd in the North Fair Oaks neighborhood yelling, “Gringo, go home,” and “We won, you lost,” according to police on scene after a series of communication between a nonprofit director, a councilwoman and the chief of police.  Seems the government likes checkpoints, just not checkpoints that target their citizens.  It is just another example of DUI checkpoints being a diversion.  Perhaps police could stick to American-style patrols that rely upon constitutional principles to...

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Ohio Changes Traffic Laws

[caption id="" align="alignright" width="108" caption="Image by liangjinjian via Flickr"][/caption]House Bill 2 changed the traffic laws of Ohio dramatically.  Here is a summary which can be found at the Ohio Department of Public Safety's website: http://publicsafety.ohio.gov/.  Three of the major legal changes are listed below. 1. Increase in speed limits for motor vehicles weighing in excess of eight thousand pounds empty weight or a noncommercial bus from the current 55 to 65 mph.  The new uniform limit would apply on certain interstate highways.  Citations for such vehicle violations will be issues as a violation of...

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Wright-Patterson Air Force Base DUI Cases; Civilian or Military?

FORT DRUM, N.Y. -- Fort Drum soldiers arrested for drunken driving will have their cases handled in military court instead of a civilian one. The northern New York Army post had been publishing the photos of offenders in the post newspaper since last March, but Fort Drum commander Maj. Gen. Michael Oates says that strategy to deter soldiers from driving drunk isn't working. Oates says there are still too many DWI incidents.Oates says soldiers arrested for drunken driving now will face the Uniform Code of Military Justice. He says punishment under the...

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Ohio Speed Limit Update

Image by bredgur via FlickrSubject: Ohio H.B. 162-Speed limit to 70 mphOn Wednesday, June 3, 2009, The Ohio House Transportation and Infrastructure Committee will hold a second hearing for H.B. 162 that would raise the speed limit to 70 m.p.h. on Ohio's Interstates. The hearing will take place at 10:30 AM in Room 017 (in the basement of the Statehouse). The agenda states that the hearing is open to Proponents, Opponents, and Interested Parties.You can be sure that the government and insurance representatives will be there to claim the entire population of Ohio will...

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Ohio’s Wrongful Entrustment Law

Ohio Court Strikes Down Wrongful Entrustment Charge: The Court of Appeals for the Twelfth District of Ohio last week struck down a "wrongful entrustment" ticket handed to a father who had allowed his son to borrow his Jeep. West Chester Township police were intent on collecting $500 plus court costs from John R. Tranovich because his son Mark's license was suspended on June 21, 2008 when the twenty-year-old took the vehicle. A trial court heard the case and imposed a suspended six-month jail sentence on the father. Ohio's wrongful entrustment law imposes harsh penalties that include the mandatory seizure of...

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Ohio OVI Law: State v. Clark (fog line violation)

[caption id="" align="alignright" width="112" caption="www.OhioDUIdefense.com"][/caption]In State v. Clark (2009), 2009-Ohio-529, the Second District Court of Appeals fell in line with the Ohio Supreme Court holding that, based on State v. Mays (2008), 119 Ohio St.3d 406, 894 N.E.2d 1204, 2008-Ohio-4539, one marked lane (fog line) violation is sufficient to justify a stop.If you are charged wit a maked lanes violation, or a violation of Ohio's tough drunk driving laws, contact Charles M. Rowland II at 937-879-9542. ...

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