The law firm of Brown, Rowland, Babb & Campbell is proud to announce the launch of three new web sites which will provide valuable information to anyone dealing with an injury. www.Ohio-PersonalInjury.com www.Ohio-MedicalMalpractice.com; and www.Ohio-WrongfulDeath.com These sites provide information on Ohio's complex personal injury laws and on how to best choose an attorney to fight your case....
Continue reading[caption id="" align="alignright" width="300"] Image via Wikipedia[/caption]2007-2295. State v. Hoover, Slip Opinion No. 2009-Ohio-4993. Union App. No. 14-07-11, 173 Ohio App.3d 487, 2007-Ohio-5773. Judgment affirmed in part and reversed in part. Lundberg Stratton, O'Connor, Lanzinger, and Cupp, JJ., concur. Moyer, C.J., and Pfeifer and O'Donnell, JJ., dissent. Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-4993.pdf(Sept. 30, 2009) The Supreme Court of Ohio today upheld as constitutional a state law that imposes 10 additional days of mandatory jail time on a driver with a prior DUI conviction if that person refuses to take a chemical test after being arrested for a subsequent DUI violation. The Court’s 4-3 majority decision, authored by...
Continue reading[caption id="" align="alignright" width="144" caption="Image by vvanhee via Flickr"][/caption]ABC 25, WPBF is reporting that a man is suing after a police officer went over the line in a DUI arrest. According to reports on WLWT the man, Jamie Lockard, 53, was arrested in Lawrenceberg, Indiana (home to Hollywood Casino) on suspicion of drunk driving. He blew under the legal limit, but that was not enough for officer Brian Miller who obtained a search warrant and went to the hospital where Lockard was strapped to a gurney and forcibly catheterized. His blood was also ...
Continue reading[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption]Would Ohio be far behind?A bill in Tennessee, if it becomes law, would ban lawyers in the state from advertising their expertise in drunken driving cases. The sponsor, Sen. Rosalind Kurita, believes that the law would make it easier to convict citizens accused of driving under the influence of alcohol.However, another Senator, Jim Kyle, argues that the prohibition would violate commercial free speech protected by the First Amendment to the U.S. Constitution. He argues that there is nothing wrong with an accused person being able to find...
Continue readingThe NMA supports drinking and driving regulations based on reasonable standards that differentiate between responsible, reasonable behavior and reckless, dangerous behavior. The NMA does not support "zero tolerance" concepts, nor does it endorse unconstitutional enforcement and judicial procedures that violate motorists' rights. Basic TenetsWe believe that penalties for DUI/DWI should be related to the degree of risk involved, and that these penalties be equated with penalties for equal-risk violations of other traffic safety laws. We support those legislative and enforcement initiatives that are effective in achieving stated goals of deterrence and removal of impaired drivers. We do not support initiatives based on revenge,...
Continue reading[caption id="" align="alignright" width="108" caption="Image by liangjinjian via Flickr"][/caption]House Bill 2 changed the traffic laws of Ohio dramatically. Here is a summary which can be found at the Ohio Department of Public Safety's website: http://publicsafety.ohio.gov/. Three of the major legal changes are listed below. 1. Increase in speed limits for motor vehicles weighing in excess of eight thousand pounds empty weight or a noncommercial bus from the current 55 to 65 mph. The new uniform limit would apply on certain interstate highways. Citations for such vehicle violations will be issues as a violation of...
Continue reading[caption id="" align="alignright" width="210" caption="Image via Wikipedia"][/caption]When you are arrested on a criminal case, you may find yourself in front of a magistrate instead of a judge. This is common, but may cause confusion if you are asked to give your consent to allow the magistrate to hear your case. Set forth below is a cursory examination of the authority given to criminal magistrates in Ohio.Criminal Rule 19 governs the authority of magistrates in the municipal courts. A court can refer to the magistrate any of the following: (1) Initial appearances and preliminary hearings conducted under Criminal Rule 5. (2)...
Continue reading[caption id="" align="alignright" width="240"] Image by TheTruthAbout...
Continue reading[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption]In San Bernardino County the California the Highway Patrol works with the U.S. Marines in conducting D.U.I. checkpoints. Can this happen in our pro-military suburbs surrounding Wright Patterson Air Force Base? The answer may lie in the Posse Comitatus Act of 1878, 8 U.S.C. § 1385 which makes it unconstitutional to use the United States military for law enforcement. Howver, recent changes make an expansive reading more likely. Section 1076 is titled "Use of the Armed Forces in major public emergencies". It provides that:'The President may employ...
Continue reading[caption id="" align="alignright" width="144" caption="Image by umjanedoan via Flickr"][/caption]Choose a lawyer who is knowledgeable and competent in the field of criminal law and has taken steps to further his or her education in the field. Charles Rowland maintains membership in the National College of DUI Defense and in the National Motorists Association. Choose an attorney who is able to answer your questions and spends time addressing your concerns. The attorney is going to be your guide throughout this process so make sure it is someone who you are able to talk with openly...
Continue reading