06 March

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Asserting An Affirmative Defense In An OVI

In an Ohio OVI, a defendant may rely on an affirmative defense. The Ohio Revised Code 2901.05(C) recognizes an affirmative defense to certain crimes and offenders. If an affirmative defense is asserted, the burden of proof is on the defendant to prove the affirmative defense by a preponderance of the evidence. The following are the affirmative defenses are recognized:Entrapment Insanity Self-Defense Intoxication Duress BlackoutIf you plan to assert an affirmative defense, it will be raised at the trial stage and not in a pre-trial motion. Often, the biggest hurdle in the assertion of an affirmative defense will be crafting the affirmative defense and having the court...

05 March

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Standardized Field Sobriety Tests – An Infographic

Posted by Dayton DUI

in Uncategorized

This info graphic describes the science behind the standardized field sobriety tests (spoiler alert: There isn't much). Field Sobriety Tests are commonly known as the roadside activities that police officers ask drivers to perform if the officer suspects that the driver is impaired by alcohol or another impairing substance. We call them “stupid human tricks.” Contrary to popular understanding and belief, many of these tests have little basis in science, and the ones that do are frequently performed incorrectly.You are also subjected to a great variance in the officer’s understanding of the tests and his or her ability to competently administer...

24 February

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Paying On-Line At The Kettering Municipal Court

Posted by Dayton DUI

in Ohio Cities

Kettering DUI Attorney Charles M. Rowland II regularly appears in the Kettering Municipal Court representing the accused drunk driver. He has established both KetteringDUI.com and KetteringOVI.com to help you access court services and learn about services provided. Access to the court concerns cases arising anywhere in Kettering, Centerville, Moraine, or Washington Township. Paying On-Line At The Kettering Municipal Court For your convenience, the Kettering Municipal Court Clerk’s Office has created an e-payment service to allow you to pay your costs and fines online through a secure server. You can pay your ticket online using a credit card if your traffic or criminal citation...

11 February

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Operating A Vehicle After Underage Consumption: Ohio’s Juvenile OVI Law

Posted by Dayton DUI

in Uncategorized

Ohio has made illegal the practice of operating a vehicle after underage consumption (OVUAC). O.R.C. 4511.19(B) makes it illegal for persons under 21 years of age to drive a vehicle with a concentration of .02 percent, but less than .08 percent by weight of alcohol by whole blood or breath, or with an equivalent amount by blood serum or plasma or urine. (1994 S.B. 82, eff. 5/4/94). In 2004, amended R.C. 4511.19(B) renamed the offense “operating a vehicle after underage consumption” (OVUAC). These quasi-zero tolerance levels are justified by the fact that this age group accounts for a “disproportionate share of alcohol-related accidents.”...

05 December

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Court’s Find A Way To Protect Intoxilyzer 8000

Posted by Dayton DUI

in DUI Law, DUI Process

Ohio Courts are slowly fixing the Intoxilyzer 8000 implementation issues and (surprise!) they are not resolving the issues in favor of the accused.In State v. McMahon, 2013-Ohio-2557, the implementation of the Intoxilyzer 8000 was challenged due to confusion in the Ohio Administrative Code sections dealing with "operators." It was alleged that the Ohio Department of Health failed to establish qualifications for issuing permits for Intoxilyzer 8000 operators as required by R.C. 4511.19 and 3701.143. The court ruled that R.C. 3701.143 authorizes the director of health to issue permits to breath-alcohol machine operators, and we found the ODH’s position that an...

26 November

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The Kettering DUI Law Firm of Charles M. Rowland II

Posted by Dayton DUI

in Ohio Cities

The Kettering DUI law firm of Babb & Rowland has proudly represented the accused drunk driver in the Kettering Municipal Court since 1995. You can find us on the web at www.KetteringDUI.com, www.KetteringOVI.com, and www.MoraineDUI.com. According to AVVO, Charles M. Rowland II is the only Superb 10/10 rated attorney who devotes 100% of his practice to DUI defense in Kettering. He has also been featured in Car & Driver and Time Magazine for excellence in the field of DUI defense. Kettering DUI? If you have been arrested for OVI inCenterville, Kettering, Moraine or Washington Township, your misdemeanor OVI case will be heard in the Kettering Municipal Court. If you need to...

02 October

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Will I Be Required To Use Restricted Plates (A.K.A Party Plates)?

Posted by Dayton DUI

in DUI Process

When will you be required to use restricted plates?If you thought that public shaming was a barbaric practice relegated to the distant past, you have not been driving through Ohio. Ohio was the first state in the country to adopt a form of public humiliation by adopting special license plates (called restricted plates) for drunk driving offenders. Use of the “scarlet letter” restricted plates became mandatory in 2004. O.R.C. 4507.02(F)(2) and 4503.231. These bright yellow restricted plates with prominent red lettering (often referred to as "party plates") are an indelible record of your offense and will not be easily forgotten...

24 September

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Piqua OVI Attorney, Charles M. Rowland II

Posted by Dayton DUI

in Ohio Cities, Ohio Counties

People looking for a Piqua OVI Attorney should check out www.PiquaDUI.com.Piqua OVI attorney, Charles M. Rowalnd II has been representing people accused of drunk driving since 1995 and regularly appears in all Miami County Courts. PiquaDUI.com was developed to provide practical information regarding Piqua‘s tough drunk driving law. There you will find information on DUI (now called OVI) law in theMiami County Municipal Court and in the Miami County Common Pleas Court. The Judges who will hear your case in the Miami County Municipal Court are the Honorable Elizabeth S. Gutman and the Honorable Gary Nasal. Judge Gutman’s office can be reached at (937) 440-3936. Judge Nasal’s...

13 September

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Vandalia OVI checkpoint (September 13, 2013)

Posted by Dayton DUI

in Checkpoints

Vandalia OVI Checkpoint along US 40 If you live in Vandalia, be prepared for an OVI sobriety checkpoint. The Vandalia Police Department, in conjunction with the Montgomery County OVI Task Force and the Ohio State Highway Patrol, announced today that a Vandalia OVI checkpoint will be held from 8 p.m. today to 2 a.m. Friday along US 40, just east of the airport access road near Beau Townsend Ford in Vandalia. In addition to the Vandalia OVI checkpoint, the Clark County OVI Task Force has announced that they will be conducting an OVI checkpoint in Springfield Township (see previous post). The Vandalia OVI checkpoint will be accompanied by...

28 August

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Kettering DUI Lawyer Charles M. Rowland II

Posted by Dayton DUI

in Ohio Cities

Kettering DUI? If you have been arrested for OVI in Centerville, Kettering, Moraine or Washington Township, your misdemeanor OVI case will be heard in the Kettering Municipal Court. If you need to find information about a case in the Kettering Municipal Court you can searchHERE for case information/case look-up, or visit the court’s web site HERE.Charles M. Rowland II has represented the accused drunk driver in the Kettering Municipal Court for over fifteen years. Charles Rowland dedicates his practice to OVI law and has some of the most impressive credentials for OVI attorneys in the state of Ohio. If you find yourself in need of criminal representation in the...

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