17 January

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Arrested for OVI in Miamisburg, Ohio?

This is the entrace to the Miamisburg Municipal Court. The Judge is the Honorable Robert Rettich. His jurisdiction includes the cities of Miamisburg, Germantown, West Carrollton and Miami and German Townships. The Court is located inside the Miamisburg Civic Center at 101 N. First St., Miamisburg, Ohio. The court can be found online at www.MiamisburgCourts.com or, for DUI/OVI inquiries, by phone at 937-866-2203. Charles M. Rowland II regularly appears in this court, and courts throughout the Miami Valley. For representation in the Miamisburg Municipal Court please contact Charles M. Rowland II at 937-318-1DUI (318-1384) or visit www.MiamisburgDUI.com. Related articlesMiamisburg DUI Attorney Charles...

10 January

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Arrested for DUI in Beavercreek, Ohio?

Posted by Dayton DUI

in Ohio Cities

Arrested for OVI in Beavercreek? If you have been arrested for OVI in Fairborn, Bath Township, Beavercreek or Beavercreek Township, your misdemeanor OVI case will be heard in the Beavercreek/Fairborn Municipal Court, 1148 Kauffman Ave. in Fairborn, Ohio. If you need to find information about a case in the Fairborn Municipal Court you can search HERE for case information or visit the court's web site HERE.Charles M. Rowland II, a life-long resident of Beavercreek, has represented the accused drunk driver in the Fairborn Municipal Court for over fifteen years. Charles Rowland dedicates his practice to OVI law and has some of the...

04 January

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Roadside Seizure: Some Definitions (by DaytonDUI)

Posted by Dayton DUI

in Uncategorized

There are a number of legal terms that apply to the government's ability to take your stuff. Here is a guide to help you understand the different terms which may apply to your case.1. Seizure. Your car may be subject to seizure at roadside at the time of your arrest under certain circumstances. The officer's decision on whether or not to impound in an OVI arrest are governed by R.C. 4511.195. However, seizure of your vehicle is required for the following offenses,A second or greater OVI within six years, and any felony OVI offense. see R.C. 4511.19(G)(1)(b)(v), R.C. 4511.19(G)(1)(d)(v) and...

08 October

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Greene County Jail, Greene County Adult Detention Center (by DaytonDUI)

Posted by Dayton DUI

in Ohio Cities

There are two "jails" in Greene County which are run under the authority of the Greene County Sheriff's Department. The Greene County Jail is a 130 bed, full-service facility built in 1969. You may hear this facility called the "old" jail or the "downtown" jail as it is located at 77 E. Market St., Xenia, Ohio, behind the Greene County Court of Common Pleas. You can call the Greene County Jail at 937-562-4842.The second, newer facility is the Adult Detention Center located at 2295 Greenway Blvd., Xenia, Ohio 45385. The ADC (as it is known) is a 236 bed minimum/medium...

04 September

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What Constitutes a Felony DUI in Ohio?

Posted by Dayton DUI

in DUI Law

Ohio has enacted two “look-back” statutes which enhance the penalties for a DUI; a six year look-back and a twenty year look-back. This post will focus on when a DUI becomes a felony. For a complete list of penalties for DUI offenses check out my previous article OHIO OVI PENALTIES.Six Year Look-BackIf you receive a second DUI six years from the conviction date of your first DUI, the penalties are enhanced. Both a first and second DUI within a six year period are first degree misdemeanors which carry a maximum fine of $1,075.00 and a maximum incarceration of six (6)...

07 August

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Ohio OVI Defense Attorney Quote of the Week

Posted by Dayton DUI

in DUI Law

United States Supreme Court Justice Byron White in the landmark case of United States vs. Wade, 388 U.S. 218 (1967) "Law enforcement officers have the obligation to convict the guilty and to make sure they do not convict the innocent. They must be dedicated to making the criminal trial a procedure for the ascertainment of the true facts surrounding the commission of the crime. To this extent, our so-called adversary system is not adversary at all; nor should it be. But defense counsel has no comparable obligation to ascertain or present the truth. Our system assigns him a different mission. He...

05 June

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The Partition Ratio Defense; Do We Share a Lung?

Posted by Dayton DUI

in DUI Process

Is your lung the same as mine? The breath test machine assumes that it is. While scientific studies suggest that lung physiology can have a significant impact on breath alcohol testing, Hlastala, "The Impact of Lung Physiology on Breath Alcohol Testing," 1 DWI Journal: Law and Sciences 5, 31-48 (November/December 1986), the breath testing machines assume that all lungs are the same. It is assumed for purposes of breath alcohol analysis that a person will exhale air at an average temperature of 34 degrees C. At that assumed temperature, 2100 milliliters of alveolar air (deep lung air) is assumed to...

04 June

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Ohio DUI Law: Is Duress An Affirmative Defense To An OVI?

Posted by Dayton DUI

in DUI Law

Duress was asserted as an affirmative defense in Cleveland v. Chambers, 1984 WL 5006 (Ohio Ct. App. 8th Dist. Cuyahoga County 1984). In that case, the accused was robbed in a parking lot and told to "get out of here" by the perpetrator who took the extra step of following him in a separate car. The police found the defendant when he subsequently crashed his car. The defendant was charged with OVI. Even under these extreme circumstances, the court found the defendant's apprehensions "did not create a circumstance where [he] had no control over his actions nor where he was...

09 January

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Rowland Named a Fellow to the American Bar Foundation

Posted by Dayton DUI

in Uncategorized

Charles M. Rowland II of Fairborn, Ohio has been selected to be a Fellow to the American Bar Foundation. The Fellows is an honorary organization of attorneys, judges, law faculty, and legal scholars who have been elected by their peers to become members of The Fellows. They have demonstrated outstanding achievements and dedication to the welfare of their communities and to the highest principles of the legal profession. The Fellows support the research work of the American Bar Foundation through their annual contributions and sponsor seminars and events of direct relevance to leaders of the legal profession.Established in 1955,...

01 December

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Driving Under Suspension: The Warrant Block

Posted by Dayton DUI

in DUI Law

Yet another way to earn an Ohio license suspension is to have an outstanding warrant. You can find this suspension at Ohio Revised Code Section 4503.13. What is unique about this suspension is that it is not really a suspension, but a block. A municipal court can send a report to the Ohio BMV that an arrest warrant has been issued. Upon the bureau's receipt of this information, the Bureau of Motor Vehicles (BMV) will deny the person named in the arrest warrant the right to apply for a driver license or vehicle registration. Because of the nature of the warrant...

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