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Dayton DUI Attorney Charles Rowland > Posts tagged "kettering" (Page 17)

What Am I Required To Do Following An Accident?

The crime is referred to as Hit and Run, Leaving the Scene of and Accident, Hit/Skip or Failure to Notify.  Here is an overview of what proscriptions Ohio has adopted to punish persons involved in an accident who leave the scene.  Because of the serious nature of the offense you should seek a qualified and experienced criminal/traffic  attorney to help you combat this charge and give you advice.Ohio law, O.R.C. 4549.02, requires any person who is involved in an accident on public roads or highways to stop and exchange information with the other party.What information must I provide?  The statute...

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DUI Law: Is This Constitutional?

Even if you are found not guilty at trial, the Automatic License Suspension issued at the beginning of your case will remain in effect.  Yes, even if a jury of your peers concludes that you were wrongly arrested for OVI and exonerates you in court, the harsh ALS penalty will remain in effect.  Guilt or innocence does not matter.  How can this be?In State v. Lewis, 2010 Ohio 2872 the First District Court of Appeals found that Ohio DUI law calls for an automatic license suspension if a person refuses a chemical test and O.R.C. 4511.191(D)(1) specifically states that “[a]ny...

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Ohio DUI Law: Ineffective Assistance of Counsel

Sometimes despite the best efforts of a skilled and competent DUI attorney, a client will be forced to endure an outcome they do not like.  When this happens there Is a natural and understandable desire to place blame.  We field many calls, mostly after a conviction, seeking an opinion about an attorney’s performance.  Some ask whether or not we would be willing to undertake an appeal.  To date, our answer has always been an emphatic “No!”The purpose of this article is two-fold; the first is to re-emphasize the importance of selecting the best attorney for your case right at the...

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Ohio Controlled Substances Act, Drug Schedules

If you get arrested for possession of a controlled substance, it feels like your world is falling apart.  If you are unfamiliar with the judicial system you are likely scared to death and wondering what will happen.  The first and most important decision you can make at this point is to hire an experienced and competent defender.  Charles M. Rowland II will file a motion to suppress, aggressively prepare for trial and present your best case to the prosecutor.  Preparation leads to better results including dismissal, a reduction in your charge, treatments in lieu of conviction, or an acquittal at...

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DUI Law: What Should I Say?

If you are stopped by law enforcement on suspicion of drunk driving, the officer will ask "Have you had anything to drink tonight?"  Some officers ask a variant of this question by making it an accusation, "I smell alcohol, how much have you had to drink?"  We are often asked how best to answer this question.The short, best and most protective answer is to reply that you are uncomfortable answering any questions without an attorney present.  You have a Fifth Amendment Right to remain silent.  The police cannot punish you for exercising this right. USE IT!  So often a perfectly defensible case will...

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Intoxilyzer 8000 Is Unreliable!

Today, in State v. Heather Reid, Case No. TRC 1100716 in the Circleville Municipal Court, Judge Gary Dumm has ruled that "The State of Ohio cannot expect this Court to find the Intoxilyzer 8000 reliable when the State refuses to address known problems and explain why those problems can be ignored."The Court calls for independent laboratory testing to address the issues raised by the adoption of the Intoxilyzer 8000: RFI, sample size of the chamber, volume of the sample tested, possible operator manipulation of the results, possible CMI modifications of the software without the knowledge of ODH and slope detector...

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MADD’s “In-Car Searches Will Be Ready in 8 to 10 Years”

In 2006, MADD, the government, Mothers Against Drunk Driving and members of the automotive industry created a panel to encourage and support the development of new technology that would stop drivers from operating a vehicle if drunk.  The result was DADSS or Driver Alcohol Detection System for Safety.  DADSS uses tissue spectrometry, a technology that employs an estimation of alcohol in tissue through detection of light absorption and distant spectrometry which uses part of the infrared light spectrum to detect alcohol concentration in the drivers's breath.  In 2008, at MADD’s urging, the Automotive Coalition for Traffic Safety entered into a...

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Big 4th Amendment Win In The United State Supreme Court

Today the Supreme Court of the United States unanimously held that attaching a GPS device to a vehicle and using that GPS device to monitor the movements of the vehicle constitutes a "search" under the Fourth Amendment. Read the decision in United States v. Jones, here.  This decision was one of the most anticipated cases in this Supreme Court term and had many civil liberties proponents holding their breath.  Associate Justice Antonin Scalia said that the government’s installation of a GPS device, and its use to monitor the vehicle’s movements, constitutes a search, meaning that a warrant is required. “By...

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Arrested for DUI in Xenia or Bellbrook?

IF YOU ARE ARRESTED IN XENIA, CEDARVILLE OR BELLBROOK? Start here.  Xenia Municipal Court, and the honorable Michael Murry, has jurisdiction over OVI/DUI violations of any ordinance of any municipal corporation within its territory.  The Xenia Municipal Court has jurisdiction for the cities of Xenia and Bellbrook; the villages of Yellow Springs, Cedarville, Jamestown, Spring Valley, and Bowersville; and the townships of Sugarcreek, Xenia, Cedarville, New Jasper, Silvercreek, Ceasarcreek, Miami, Jefferson, Ross, and Spring Valley. The Court’s jurisdiction also includes four college campuses: Central State University, Wilberforce University, Cedarville College, and Antioch College.  Law enforcement agencies located within the jurisdiction of the...

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Are We Living In The Good ‘Ole Days?

Reduced Crime Rates Recall Golden Era For the past twenty years the United States has been living through a phenomenon.  In a recent Washington Post editorial, Chales Lane wrote, Between 1991 and 2010, the homicide rate in the United States fell 51 percent, from 9.8 per 100,000 residents to 4.8 per 100,000. Property crimes such as burglary also fell sharply during that period; auto theft, once the bane of urban life, dropped an astonishing 64 percent. And FBI data released Dec. 19 show that the trends continued in the first half of 2011. With luck, the United States could soon equal its...

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