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Dayton DUI Attorney Charles Rowland > Posts tagged "huber heights" (Page 19)

Underage Consumption in Ohio

Underage possession or consumption of beer or intoxicants is a serious crime in Ohio.  The charges are first-degree misdemeanors carrying a maximum penalty of 180 days in jail and up to a $1,000.00 fine.  Worse yet, a conviction may leave you with a “criminal record” which is much more serious than a fine or costs.  Fear, shame or guilt may compel you to want to plead guilty to put the charge behind you, but that decision may have long-lasting and unintended consequences.If you are under 21 years old, drinking alcohol is illegal in the State of Ohio.  Ohio Revised Code...

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DADSS Will Search You Every Time You Get In Your Car

Within the next few years you may be required to give a breath sample or have your skin scanned in order to operate your car.  The U.S. Department of Transportation (DOT) is developing a technology called Driver Alcohol Detection System for Safety (DADSS).  The $10 million research program is being funded by the National Highway Traffic Safety Administration (NHTSA) and the Automotive Coalition for Traffic Safety.  The development of DADSS has been the main legislative and lobbying effort of Mothers Against Drunk Driving for the past few years.  Due to their efforts they have garnered the buy-in of car manufacturers...

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Case Law Update: State v. Kitzler

State v. Kitzler, 2011-Ohio-5444 (3rd District Court of Appeals, Wyandot County). This odd decision involves the Intoxilyzer 8000 breath test machine and a test result which did not satisfy the .020 agreement.FACTS: Defendant was stopped for not dimming his headlights and for marked lane violations.  He was asked to perform the standardized field sobriety tests and subsequently arrested for OVI.  At the police station he provided two breath samples (as is required on the Intoxilyzer 8000) and the machine reported the result as "Invalid."  The tests did not meet the .020 agreement.  Defendant was allowed to use the restroom and...

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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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H.B. 86 Brings Changes To Ohio’s OVI Law

House Bill 86 which will come into effect at the end of September is a significant change to the way Ohio sentences offenders.  It also holds some interesting provisions for OVI offenders, some of which we will look at here. LOCAL INCARCERATION OPTIONSH.B. 86 authorizes the creation of community alternative sentencing centers (CASC at R.C. 307.932 and R.C. 2929.26(B)) for midemeanants including OVI offenders.  Eligible offenders include those OVI offenders who are eligible to be sentenced directly to the CASC and who are not serving or sentenced under any other jail or prison term.  OVI offenders will also be required to...

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DUI and the Standardized Field Sobriety Tests – An Introduction

Here is an introduction to the Standardized Field Sobriety Tests administered by police to determine whether or not probable cause exists for an arrest.  For more information on the standardized field sobriety tests, please click on the link to the right.  If you have specific questions, contact DUI attorney Charles M. Rowland II at (937) 318-1384 [318-1DUI] or at 1-888-769-5263 [888-ROWLAND]....

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Dayton’s DUI Task Force Announces “Drive Sober or Get Pulled Over”

Today the Combined Agency OVI Task Force for Montgomery County announced that it will participate in a major law enforcement initiative call "Drive Sober or Get Pulled Over."  The nationwide effort will operate from August 19 to September 5th and will join forces of over 10,000 law enforcement agencies.  The press release says that over 500 extra patrol hours have been allocated and at least two OVI checkpoints have been scheduled.  Like other campaigns, this effort will be supported by a media blitz in an effort to maximize the deterrent impact.  For more on the campaign visit the High Visibility...

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Juvenile Driving Suspensions

JUVENILE DRIVING SUSPENSIONS ARE HARSH!If you are the parent of a juvenile and he or she admits to a violation of law he or she may face very harsh penalties that affect their ability to drive.  If a child has been adjudicated unruly, delinquent, or a juvenile traffic offender for having committed any act that, if committed by an adult, would be a drug abuse offense, the Ohio Bureau of Motor Vehicles suspends the child's license until they are 18 years old. ORC Sections 2151.354 & 4510.032(C)(1).  The suspension will stay in stay in place until the child turns 18 or...

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Distracted Driving or Drunk Driving?

Often, an officer's testimony of erratic driving is the most devastating piece of evidence against a person charged with DUI.  Just as often, DUI defense attorneys will overlook this evidence or make the decision not to cross examine on the issue, lest attention of the bad driving be highlighted before the jury.  This article will examine ways to attack "bad driving" and place it in a proper context so that the jury will see the defendant's actions as normal.Distracted driving has become a major issue in America.  Newer cars are loaded with complex audio systems, compact disc changers, navigation systems,...

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July 4th OVI Checkpoints in Clark and Montgomery County

Today, the Ohio State Highway Patrol announced that OVI checkpoints will be held in Clark County and Montgomery County over the 4th of July holiday.  We will keep you informed of times and locations as this information becomes available.  If you want to receive updated information on sobriety 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 alerted our followers...

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