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Dayton DUI Attorney Charles Rowland > Posts tagged "kettering" (Page 20)

DUI Checkpoints: Are They Justified (Still)?

U.S. Supreme Court Upholds Sobriety Checkpoints, Michigan v. Sitz, 496 U.S. 444 (1990) In 1986, the Michigan State Police Department created a sobriety checkpoint program aimed at reducing drunk driving within the state. The program included guidelines governing the location of roadblocks and the amount of publicity to be given to the operation. Before the first roadblock went into effect, Rick Sitz, a licensed Michigan driver, challenged the checkpoints and sought declaratory and injunctive relief. Sitz was victorious in the Michigan lower courts.  In a 6-to-3 decision, the Court held that the roadblocks did not violate the Fourth Amendment.  Chief Justice William...

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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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Early Checkpoint in GermanTownship (Mongomery County)

There will be an OVI checkpoint operated along Rt. 4 in Germant Township from 5 p.m. until 9 p.m.  This is earlier than other checkpoints operated in this area.  You should expect saturation patrols to be present in the surrounding areas.Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (1-888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  Visit www.DaytonDUI.com, www.SpringfieldDUI.com, www.OhioDUIdefense.com. Immediate help is available by filling out the CONTACT form on any of these pages.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500....

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Dayton OVI Checkpoint Tonight (August 20, 2011)

There will be another OVI checkpoint in Montgomery County tonight.  The checkpoint will be on North Main St. in Dayton near Hillcrest Dr.  The increase d patrols will run through September 5th.  The State Highway Patrol plans to operate 27 sobriety checkpoints throughout the state on Friday through Sunday, said Lt. Anne Ralston, a patrol spokeswoman.  This operation is in conjunction with the national NHTSA-sponsored initiative called “Drive Sober or Get Pulled Over.”  Thanks to another grant from the NHTSA, the patrol expects to operate about 100 checkpoints this year, about double the number run last year. In addition to grants,...

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