a

Facebook

Twitter

Copyright 2019 Dayton DUI.
All Rights Reserved.

937.318.1384

Call 24/7 - Free Consultation

Facebook

Twitter

Search
OVI Menu
Free Evaluation
logo
Free Evaluation
mobile logo
 

Law Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "Law" (Page 9)
28 May
0 Comments
Sticky

Ohio’s Wrongful Entrustment Law

Posted by Dayton DUI
in DUI Law, DUI Process

Ohio Court Strikes Down Wrongful Entrustment Charge: The Court of Appeals for the Twelfth District of Ohio last week struck down a "wrongful entrustment" ticket handed to a father who had allowed his son to borrow his Jeep. West Chester Township police were intent on collecting $500 plus court costs from John R. Tranovich because his son Mark's license was suspended on June 21, 2008 when the twenty-year-old took the vehicle. A trial court heard the case and imposed a suspended six-month jail sentence on the father. Ohio's wrongful entrustment law imposes harsh penalties that include the mandatory seizure of...

Continue reading
20 May
0 Comments
Sticky

Drunk Driving Charges Increase as Economy Hits Downturn

Posted by Dayton DUI
in Uncategorized

CALABASAS, Calif., May 20 /PRNewswire/ -- DUI Defenders, a nationwide network of DUI defense lawyers based out of Calabasas, California, announces a significant escalation in alcohol use and consequent charges for DUI due to the recent and ongoing downturn in the economy. According to Mintel International, a Chicago-based market analysis firm, in 2008 the sale of alcohol for home consumption reached $77.8 billion dollars, an increase of 32% over the 2003 level. Additionally, according to a 2001 peer reviewed study published in Health Economics, there was novel evidence that indicated that even among the unemployed, binge drinking increased substantially during economic...

Continue reading
18 May
0 Comments
Sticky

The Fight For The Exclusionary Rule

Posted by Dayton DUI
in Uncategorized

Image by decade_null via FlickrHere is a link to a wonderful article from the American Constitution Society for Law and Policy by Susan A. Bandes.  It describes a twenty-year effort, starting in the Reagan Justice Department to overturn the exclusionary rule first articulated by the Supreme Court in Mapp v. Ohio. http://www.acslaw.org/c21/criminaljustice A description of the article is included below. ACS is pleased to distribute "The Roberts Court and the Future of the Exclusionary Rule," an Issue Brief by Susan A. Bandes, Distinguished Research Professor at the DePaul University College of Law. Since the Supreme Court decided Mapp v. Ohio...

Continue reading
07 April
0 Comments
Sticky

Prosecuting Attorney Not Required to Prove Date In DUI Trial

Posted by Dayton DUI
in Uncategorized

[caption id="" align="alignright" width="210" caption="Image via Wikipedia"][/caption]State v. McFeely, 3/30/2009, 2009-Ohio-1436, 11th District Court of Appeals:  Every prosecuting attorney is taught that they must prove each and every element of the offense including venue, jurisdiction, identification, date and time.Well, maybe not.  The Eleventh Dist. Court of Appeals recently held (in a DUI case of course) that date was not an essential element of the offense.  The big deal here is that date has always been considered an element of the offense and not just a procedural bugaboo.  Holding police and prosecutors to the highest standards...

Continue reading
01 April
0 Comments
Sticky

DUI on Motorized Bar Stool

Posted by Dayton DUI
in Uncategorized

NEWARK, Ohio (AP) - Authorities in Ohio say a man has been charged with drunken driving after crashing his motorized bar stool. Police in Newark, 30 miles east of Columbus, say when they responded to a report of a crash with injuries on March 4, they found a man who had wrecked a bar stool powered by a deconstructed lawn mower. Twenty-eight-year Kile Wygle was hospitalized for minor injuries. Police say he was charged with operating a vehicle while intoxicated after he told an officer at the hospital that he had consumed...

Continue reading
02 March
0 Comments
Sticky

Reasonable Articulable Suspicion Defined by Second District

Posted by Dayton DUI
in Uncategorized

[caption id="" align="alignright" width="192" caption="Image by Jason Rojas via Flickr"][/caption]In State v. Swartz , the Second District, following a line of its own cases, upheld a decision of the Miami County Municipal Court, ruling that a Trooper did not have reasonable articulable suspicion to subject the defendant to standardized field sobriety tests. This is a MUST READ decision for anyone who practices DUI/OVI law in Ohio. ...

Continue reading
16 February
0 Comments
Sticky

Ohio OVI Law: State v. Clark (fog line violation)

Posted by Dayton DUI
in DUI Law

[caption id="" align="alignright" width="112" caption="www.OhioDUIdefense.com"][/caption]In State v. Clark (2009), 2009-Ohio-529, the Second District Court of Appeals fell in line with the Ohio Supreme Court holding that, based on State v. Mays (2008), 119 Ohio St.3d 406, 894 N.E.2d 1204, 2008-Ohio-4539, one marked lane (fog line) violation is sufficient to justify a stop.If you are charged wit a maked lanes violation, or a violation of Ohio's tough drunk driving laws, contact Charles M. Rowland II at 937-879-9542. ...

Continue reading
09 February
0 Comments
Sticky

Ohio DUI Law: State v. Bruce (Destruction of Evidence)

Posted by Dayton DUI
in DUI Law, DUI Process

[caption id="" align="alignright" width="180" caption="www.OhioDUIdefense.com"][/caption]State v. Bruce (2008), 2008-Ohio-5514, is the Second District's latest "destruction of evidence" ruling.  Here, the court granted a motion to provide the blood sample to the Defendant's expert.  The lab was not copied on this order.  The 2nd District held that the State did show substantial compliance with the Ohio Administrative Code and the fact that the lab destroyed the blood after the Court granted an Order to provide a specimen of blood to defendant's expert. The court found that there was no bad faith in the destruction...

Continue reading