07 December

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Ohio DUI Law: Geneva v. Fende (reasonable articulable suspicion, probable cause)

Geneva v. Fende, 2009-Ohio-6380, 2009-A-0023 (OHCA11)Criminal Appeal from the Ashtabula County Court, Western Division, Case No. 2008 TRC 2112. Lauren A. Gardner, City of Geneva Law Director, For Plaintiff-Appellant. Daniel J. Kolick and Michael T. Schroth, Kolick & Kondzer, For Defendant-Appellee. OPINIONCYNTHIA WESTCOTT RICE, J.{¶1} Appellant, the city of Geneva, appeals the judgment of the Ashtabula County Court, Western Division, granting appellee Nicole M.Fende's motion to suppress. At issue is whether police had reasonable suspicion to subject her to an investigative stop. Because we hold appellee's stop was not warranted, we affirm.{¶2} Appellee was charged in the trial court with operating a motor...

03 December

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Dayton DUI is on Twitter (www.Twitter.com/DaytonDUI)

Posted by Dayton DUI

in Ohio Cities

Image via CrunchBaseFollow Charlie on Twitter @ www.Twitter.com/daytondui.Is your jurisdiction conducting a DUI checkpoint this weekend? How much do you know about the prohibition movement? Are you following the Courts and how they affect you? Charlie will keep you informed. Charles M. Rowland II has worked hard to distinguish himself as one of the most credentialed DUI (now called OVI) attorneys in the Miami Valley. If you need an aggressive DUI/OVI/Drunk driving attorney contact Charles Rowland today at 937-879-9542. ...

16 November

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Find the Right Ohio Attorney: A Guide From the Ohio Supreme Court

Posted by Dayton DUI

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Supreme Court of Ohio today [Nov. 12, 2009] released a publication that provides practical information about the lawyer-client relationship for Ohioans considering hiring an attorney. A joint project of the Supreme Court’s Clients’ Security Fund and Commission on Professionalism, the guide is intended to promote the public’s confidence in the integrity of the legal profession in Ohio.It is hoped that Ohioans use this guide with its easy-to-understand terms for help in finding a lawyer, what to expect after hiring a lawyer, how to avoid problems in the lawyer-client relationship, and what steps to take if problems do occur. The guide also contains...

10 November

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Posse Comitatus Act: Federal DUI Enforcement at Wright-Patterson AFB

Posted by Dayton DUI

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Image via WikipediaQuestion: A client gets stopped by U.S. Air Force security personnel at the gate at Wright-Patterson Air Force Base on suspicion of drunk driving. Civilian client is then taken onto the base where he is given a breath test by a U.S. Air Force technician. Civilian client is then cited and receives a summons to appear in Federal Court. At no time during this process does he come in contact with any “civilian” law enforcement officer. When the client comes to my office he asks how “military” forces have jurisdiction to enforce Ohio laws against civilians. Going on he asks, “Doesn’t my arrest violate...

09 November

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Actual Guilt vs. Legal Guilt

Posted by Dayton DUI

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Image via Wikipedia"We make a distinction in this case between the "actual" guilt or innocence of a defendant and the "legal" guilt or innocence of a defendant. "Legal" guilt or innocence is that determination made by the trier of fact in a criminal trial. Thus a defendant found "legally" guilty has been found guilty beyond a reasonable doubt by a jury of his peers in a criminal adjudication. "Actual" guilt is intended to refer to a determination in a civil trial, by a preponderance of the evidence, that the defendant engaged in the conduct he was accused of in the...

04 November

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Who’s The Judge? Election 2009

Posted by Dayton DUI

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Image via WikipediaCheck HERE to find out who won Ohio's Municipal Court Judge's races. ...

01 November

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Dayton Sobriety Checkpoint is a Bust

Posted by Dayton DUI

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Image via WikipediaThe sobriety checkpoint Friday, Oct. 30 on North Dixie Drive produced only three arrests for operating a vehicle while intoxicated. Other citations included nine charges for driving under suspension or without a license, and 21 other violations, including traffic, seat belt and child restraint issues.The checkpoint was set up from 8 p.m. to midnight Friday by the Montgomery County Sheriff’s Office, the Ohio State Highway Patrol and the Montgomery County Combined Agency O.V.I. Task Force, and included saturation patrols in the area surrounding the checkpoint. The sheriff’s office and task force plan extra patrols throughout the Halloween...

27 October

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Ohio Cities Fight Red-Light Cameras

Posted by Dayton DUI

in Ohio Counties

[caption id="" align="alignright" width="240"] Image by gsbrown99 via Flickr[/caption]As Redflex Traffic Systems fights a shareholder revolt at home in Australia, the speed camera vendor is simultaneously battling a public revolt against photo ticketing in two Ohio cities. Next Tuesday residents of Chillicothe and Heath will have the opportunity to vote on citizen-led initiatives that would ban the use of red light cameras and speed cameras. Redflex has poured substantial cash into an advertising blitz covering both towns."Vote NO on Issue 5 and keep Heath safe," read a Redflex brochure sent to Heath voters this week. "In the last four months alone,...

23 October

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No DUI/OVI Checkpoints Tonight for Dayton, Fairborn, Beavercreek, Springfield or Xenia, Ohio

Posted by Dayton DUI

in Ohio Cities

Image by Renegade98 via FlickrI have checked with WHIO News, the Greene County Ohio State Highway Patrol Post, the Montgomery County Ohio State Highway Patrol Post, the Clark County Ohio State Highway Patrol Post, the Greene County Sheriff and all the other media sources. All report that there will be no sobriety checkpoints this weekend (Oct 23-25).You can keep abreast of all checkpoints in the Miami Valley by following me on Twitter: www.twitter.com/DaytonDUI. Have a safe weekend! ...

11 October

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Ohio Judge Ordered to Remove Religious Display in Courtroom

Posted by Dayton DUI

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Image via WikipediaMANSFIELD, OH- The American Civil Liberties Union of Ohio prevailed today in its lawsuit against Richland County Judge James DeWeese, who displayed religious documents his courtroom. Judge Patricia A. Gaughan of the Federal Court for the Northern District of Ohio ordered Judge DeWeese to remove the display as it unconstitutionally endorsed particular religious views over others. This marks the second time the courts have ordered Judge DeWeese to remove religious documents from his courtroom. In 2002, the ACLU won a lawsuit against him for posting the Ten Commandments on his courtroom wall.“We are pleased the court saw through...

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