20 June

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Dayton DUI Law: The GERD Defense

Regurgitation and Reflux are not the same thing! Reflux is the movement of ethanol vapor back up the esophagus from the stomach which has the ability to contaminate a breath sample. The defendant who suffers from Gastroesophageal Reflux Disease (GERD) will not exhibit outward signs of distress or other signs which a breath testing technician would likely notice. The surging ethanol vapor can cause an elevated reading on an evidential breath testing device. The elevated test can appear following a valid and conscientious observation period. Because the evidential breath testing device cannot distinguish contaminated air from deep-lung alveolar air, it...

07 June

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Ohio Speeding Law Update: Laser Guns & Admissibility

Posted by Dayton DUI

in DUI Law, DUI Process

Great Speeding Decision from the 12th Appellate District In State v. Starks, 2011-Ohio-2344 the Defendant was stopped for a speeding violation in a construction zone and went to trial pro se. He objected to any testimony regarding a laser gun. The trial court took judicial notice of the reliability of the laser gun and the defendant was convicted. He appealed to the 12th District Court of Appeals and his conviction was reversed. The Court ruled, Although the underlying principles of laser technology may be the same from one device to another, generally judicial notice as to the reliability of a...

05 May

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Dayton DUI: The Court Process from Arraignment to Disposition

Posted by Dayton DUI

in Uncategorized

"Sometimes when you're arrested the scariest part is not know what comes next." Click the title above to see a video of Dayton DUI attorney Charles M. Rowland explain what happens from arrest to disposition in your Ohio DUI case.Related articles3-Day Driver Intervention Programs (daytondui.com) Arrested for DUI in Dayton, Ohio? (daytondui.com) Dayton DUI on YouTube (daytondui.com) Reckless Operation in Ohio (daytondui.com)...

21 April

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Montgomery County OVI Checkpoint (4/21/12)

Posted by Dayton DUI

in News, Uncategorized

The Montgomery County OVI Task Force announced a checkpoint tonight in Clay Township along St. Rt. 49. No time has been announced as of the writing of this blog post. The checkpoint is being conducted by multiple agencies and is being coordinated by the Montgomery County DUI Task Force. Be smart. Be responsible. Designate a sober driver. DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Dayton, Springfield, Kettering, Vandalia, Xenia,Miamisburg, Springboro, Huber Heights, Oakwood, Beavercreek, Centerville and throughout Ohio. He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense. Contact Charles Rowland by phone...

22 March

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Huber Heights DUI Information

Posted by Dayton DUI

in Ohio Cities

Does Huber Heights Have Its Own Municipal Court? If you are arrested for misdemeanor DUI / OVI in Huber Heights your case will be heard in the Montgomery County Municipal Court, Eastern Division. Many refer to this as the Huber Heights Municipal Court, but the court’s jurisdiction is larger, covering regions in north-east Montgomery County including the city of Riverside, Ohio. The Montgomery County Municipal Court is located at 6111 Taylorsville Rd., Huber Heights, OH 45424-2951. You can contact the court’s Traffic/Criminal Division at (937) 496-7231, the Civil Division at (937) 225-5824 and you can fax information to (937)...

17 March

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DaytonDUI: Celebrate St. Patrick’s and March Madness

Posted by Dayton DUI

in News, Uncategorized

[caption id="" align="alignright" width="300" caption="Image via Wikipedia"][/caption]Throughout the Miami Valley, police are sounding dire warnings of extra patrols, sobriety checkpoints, and saturation patrols because of the conjunction of St. Patrick's Day and the beginning of the NCAA Men's Basketball Tournament. Making this weekend even more attractive to party goers will be mild temperatures and plenty of activities. We encourage you to enjoy, make good decisions and watch out for one another. ARRESTED FOR DUI ON ST. PATRICK'S DAY? At DaytonDUI we are gearing up to provide 24/7 support to anyone needing assistance this weekend. Extra personnel will be manning our St.Patrick's HOTLINE...

15 February

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Ohio OVI Law: What is an Arraignment?

Posted by Dayton DUI

in Uncategorized

The first hearing in an Ohio DUI case is the arraignment. Ohio arraignments are governed by Rule 8 of the Ohio Traffic Rules (Traf. R. 8). The purpose of the arraignment is to assure that the accused is aware of the charges against him or her, and that the accused is made aware of his or her rights. (Traf. R. 8(B)) At this hearing, the court will, in open court, read the charge and ask the defendant to enter a plea. Prior to asking for a plea the arraigning judge must be satisfied that the accused understands (1) the right...

24 January

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DUI Law: Challenging a Forfeiture

Posted by Dayton DUI

in Drugs & Alcohol, DUI Law, DUI Process

Image by lovelypetal via FlickrFORFEITURE, WHAT IS THE LAW? If you are convicted of any of the following the State of Ohio can, pursuant to O.R.C. 4503.234, order a forfeiture of your vehicle:a third OVI w/in 6 years (O.R.C. 4511.19(G)(1)(c)(v)); any felony OVI (O.R.C. 4511.19(G)(1)(d)(v) and 4522.29(G)(1)(e)(v)); a third offense of driving under suspension (O.R.C. 4510.11(C)(4)); a third offense of driving under an OVI suspension (O.R.C. 4510.14(B)(3)(d)); a third of subsequent offense w/in 5 years of driving under an FRA suspension (O.R.C. 4510.16(B)(2)); a third or subsequent wrongful entrustment (O.R.C. 4511.203(C)(3)); operating or permitting the operation of a vehicle in violation of an immobilization order (O.R.C....

08 January

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Dayton DUI Law: Explaining Error Messages and Their Importance

Posted by Dayton DUI

in DUI Process

Ohio utilizes the BAC DataMaster breath test machine to measure the blood alcohol content of a suspect arrested for driving under the influence. The BAC DataMaster is a product of National Patent Analytical Systems, Inc. (NPAS) located in Mansfield, Ohio. National Patent Analytical Systems has certified Charles Rowland in the operation, diagnostic verification and calibration of the BAC DataMaster Breath Alcohol Testing Instrument, the most commonly used breath testing instrument in Ohio for DUI arrests. The BAC DataMaster breath test device requires regular maintenance, and a proper environment for testing administration. The BAC DataMaster is part computer, and uses an LED display. If...

23 December

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Arrested for OVI in Ohio? How You Act is Important

Posted by Dayton DUI

in DUI Law, DUI Process

Your behavior with law enforcement can be vital to the officer's decision making. Investigating officers are given a great deal of discretion in handling any situation. They may simply be seeking information to put in their report or they may be deciding whether or not to issue a citation. At the initial stage you must know your rights in order to protect yourself and, if necessary, aid your attorney in presenting your case to a jury. At this point it is vital to remember anything you say or do will be used against...

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