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Dayton DUI Attorney Charles Rowland > Posts tagged "huber heights" (Page 8)

DaytonDUI Provides Free Text Alert Service (Sign Up!)

Dedicated To Customer ServiceIf 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 to the State Route 35 traffic initiative and three local sobriety checkpoints.  You should also know that we respect your trust and we will never send you irrelevant information and/or advertisements.  This service is free...

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Is The Smell Of Alcohol Enough To Justify Field Sobriety Testing?

Standardized Field Sobriety Tests: Is Smell Enough? Some Ohio courts have upheld determinations that the mere presence of a moderate to strong odor of alcohol, coupled with a proper initial stop, is sufficient to justify the administration of field sobriety tests. See, e.g., State v. Tackett, 2d Dist. No. 2011-CA-15, 2011-Ohio-6711 (“[t]his court has, however, repeatedly held that a strong odor of alcohol alone is sufficient to provide an officer with reasonable suspicion of criminal behavior”). See also State v. Schott, 2d Dist. No. 1415, 1997 Ohio App. LEXIS 2061 (May 16, 1997); State v. Haucke, 2d Dist. No. 99 CA...

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Arrested for OVI in Springfield, Ohio?

Springfield DUI Attorney Charles M. Rowland II If you have been arrested for OVI in Springfield, Ohio, your misdemeanor OVI case will be heard in the Clark County Municipal Court.   If you need to find information about a case in theClark County  Municipal Court you can search HERE for case information/case look-up,  or visit the court’s web siteHERE.Charles M. Rowland II has represented the accused drunk driver in Springfieldand the Clark County Municipal Court since 1995.  Charles Rowland dedicates his practice to OVI law and has some of the most impressive credentials forOVI attorneys in the state of Ohio.  If you find yourself in need of criminal representation in theClark County Municipal Court, contact Springfield DUI Attorney Charles...

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Driving and Drugs: Ohio’s Per Se Marijuana Law

 Wondering if you can get charged with an OVI from Marijuana? While it is well established that alcohol consumption increases accident risk, evidence of marijuana's culpability in on-road driving accidents and injury is far less clear. Although acute cannabis intoxication following inhalation has been shown to mildly impair psychomotor skills, this impairment is seldom severe or long lasting.  According to the US Department of Transportation, National Highway Traffic Safety Administration. State of Knowledge of Drugged Driving: FINAL REPORT. op. cit., "Experimental research on the effects of cannabis ...

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Ohio OVI: Standardized Field Sobriety Tests & Marijuana

State v. Dixon, 2007-Ohio-5189 (Ohio Ct. App. 12th Dist. Clermont County 2007).More and more, we are seeing law enforcement officers arrest drivers on suspicion of operating a vehicle under the influence of marijuana.  Often, an officer will request a urine test for marijuana after a defendant has blown substantially under the per se alcohol limit on a breath test machine.  This raises questions about the proper determination of probable cause.  If, for example, no alcohol was suspected how did the officer arrive deduce enough evidence to make an arrest? Were the standardized field sobriety tests administered to detect alcohol or...

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Driving Under An OVI Suspension

"I had to get to work.  If I missed another day they were going to fire me, so I drove and got a ticket.  What is going to happen?"  Driving under an OVI suspension is a violation of Ohio Revised Code 4510.14.  It is a separate offense from a DUI/OVI charge and carries harsh mandatory penalties.  Most of these charges originate when a person is desperate to live up to their obligations to their work and/or their family.  Often, the automatic license suspension is the worst part of the DUI experience.  It is the position of this author that taking a person's...

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Affirmative Defenses to a Driving Under Suspension Charge

Ohio law provides two affirmative defenses to the crime of driving under suspension.  Ohio Revised Code section 4510.04, Affirmative defenses to driving under suspension or cancellation, provides in pertinent part, It is an affirmative defense to any prosecution brought under section 4510.11, 4510.14, 4510.16, or 4510.21 of the Revised Code or under any substantially equivalent municipal ordinance that the alleged offender drove under suspension, without a valid permit or driver’s or commercial driver’s license, or in violation of a restriction because of a substantial emergency, and because no other person was reasonably available to drive in response to the emergency.It is an affirmative defense to any...

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Arrested for OVI in Mason?

Mason is the largest city in Warren County and home to both the Great Wolf Lodge indoor waterpark and Kings Island amusement park.  If you are arrested on suspicion of OVI in Mason or Deerfield Township, your misdemeanor DUI case will be heard in the Mason Municipal Court.  The Mason Municipal Court is located at 5950 Mason-Montgomery Rd, Mason, Ohio 45040 and you can reach the court at (513) 398-7901 or by fax at (513) 459-8085.  The Honorable D. Andrew Batsche is the presiding Judge of the Mason Municipal Court.  The Honorable Eddie Lawson serves as Chief Magistrate for the Court.  The Court...

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OVI Case Update: State v. Bayer, 2012-Ohio-5469

The question raised in State v. Bayer involved whether or not a person can be sentenced for OVI (O.R.C. 4511.19) if that person is also convicted of Aggravated Vehicular Assault (O.R.C. 2903.08) arising from the same incident.  Crimes that involve similar activity are often merged for purposes of sentencing.  The merger turns on whether or not the crimes are similar enough to be deemed "allied offenses of similar import."In this case, the Defendant caused "serious physical harm" to a person while driving with a prohibited alcohol concentration above 0.17%.  In March 2011 she pled guilty to Aggravated Vehicular Assault and to one...

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The Montgomery County Jail (by Dayton DUI)

The Montgomery County Jail, located at 330 W. Second St., in downtown Dayton, Ohio is a 900 bed facility serving multiple jurisdictions throughout Montgomery County including the Vandalia Municipal Court; Miamisburg Municipal Court; Kettering Municipal Court; Montgomery County Municipal Courts (Eastern and Western Divisions) and the Montgomery County Common Pleas Court.  If you are arrested for DUI/OVI in any of these jurisdictions, you may be booked into the Montgomery County Jail.  You can contact the jail at (937)225-4160 or visit the jail web site HERE.  To check whether or not someone is incarcerated in the Montgomery County Jail, you can visit HERE.Bond...

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