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Dayton DUI Attorney Charles Rowland > Posts tagged "kettering" (Page 22)

Kettering Municipal Court, Information and Contacts

If you are arrested on suspicion of  OVI (drunk driving) in Centerville, Kettering, Moraine or Washington Township, your DUI case will be heard in the Kettering Municipal Court.   The Honorable Thomas Hannah and the Honorable Robert Moore serves as judges of the Kettering Municipal Court.  The Kettering Municipal Court, located at 2325 Wilmington Pike, Kettering, Ohio 45420 serves a population of over 117,000.  The court is open Monday through Friday, 8:30 am -- 4:30 pm and can be reached at (937) 296-2461.  You can access KMC on the web at www.KetteringMunicipalCourt.com.  Arrested in Moraine? Your case may be scheduled in...

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Ohio OVI Law: What is an Arraignment?

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...

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DUI Law: Challenging a Forfeiture

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....

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Dayton DUI Law: Explaining Error Messages and Their Importance

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...

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Arrested for OVI in Ohio? How You Act is Important

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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Dayton DUI-OVI Checkpoint Tonight (December 17, 2010)

Sobriety Checkpoint Tonight in Dayton The Combined Agency DUI Task Force of Montgomery County will be operating a sobriety checkpoint tonight, Dec. 19, in the 1600 block of South Smithville Road.  Law enforcement officials will be on scene from 8:30 p.m. to 2 a.m.In addition to checking drivers for alcohol or drug impairment, officials said they will also be checking to make sure people are wearing their safety belts.If you are stopped on suspicion of drunk driving 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...

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Blood & Urine Specimens O.A.C. 3701-53-05

Image via WikipediaOhio Administrative Code section 3701-53-05 applies to the collection of blood and urine specimens.  Section (A) requires all samples to be "collected in accordance with section 4511.19 (DUI statute), or section 1547.11 (Boating Under the Influence) of the Revised Code, as applicable."Section (B) states, "[w]hen collecting a blood sample, an aqueous solution of non-volatile antiseptic shall be used on the skin.  No alcohols shall be used as a skin antiseptic."  A good place to start your DUI investigation is the first blood draw.  We have garnered the help of a legal-nurse-practitioner to find instances where wounds could have...

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O.A.C. 3701-53-02, Approved Evidential Breath Testing Instruments

Image by frippy via FlickrOhio Administrative Code 3701-53-02(A) sets forth the approved instruments for evidential breath testing in Ohio.  It states, (A) The instruments listed in this paragraph are approved as evidential breath testing instruments for use in determining whether a person's breath contains a concentration of alcohol prohibited or defined by sections 4511.19 and/or 1547.11 of the Revised Code, or any other equivalent statute or local ordinance prescribing a defined or prohibited breath-alcohol concentration. The approved evidential breath testing instruments are:BAC DataMaster, BAC DataMaster K, BAC DataMaster cdm; Intoxilyzer model 5000 series 66, 68 and 68 EN; and Intoxilyzer model 8000 (OH-5).O.A.C....

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Ohio’s Implied Consent Law

When you drive on Ohio's roadways you are assumed to have consented to a search of your blood, breath, plasma or urine if you are arrested pursuant to the Ohio Drunk Driving statute, R.C. 4511.19(A) or R.C. 4511.19(B).  Ohio Revised Code 4511.191(A)(2) is Ohio's Implied Consent Law.  It states, in pertinent part, "Any person who operates a vehicle, streetcar, or trackless trolley upon a highway or any public or private property used by the public for vehicular travel or parking within this state or who is in physical control of a vehicle, streetcar, or trackless trolley shall be deemed to have...

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