a

Facebook

Twitter

Copyright 2019 Dayton DUI.
All Rights Reserved.

9:00 - 17:00

Our Opening Hours Mon. - Fri.

Facebook

Twitter

Search
OVI Menu
 

Lebanon Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "Lebanon" (Page 3)

Warren County Ohio Courts (An Overview)

Several courts serve Warren County, Ohio.  Frequently, we encounter questions about where a Warren County DUI case will be heard.  Here is an overview of all of the Warren County, Ohio courts complete with links and other important information.Warren County Common Pleas Court (hearing all felony offenses in Warren County) located at 500 Justice Drive, Lebanon, Ohio 45036.  The Court operates Monday through Friday, 8:00 a.m. to 4:30 p.m. and can be reached at the following telephone numbers (513) 695-1346 [Lebanon number], (513) 261-1346 [Middletown/Franklin number], (513) 925-1346 [Cincinnati number] and (937) 425-1346 [Dayton number].  The Juvenile and Common Pleas Courts...

Continue reading

Ohio DUI Law: What is an “Alford” Plea

An “Alford plea” is a specialized type of guilty plea when the defendant, although pleading guilty, continues to deny his or her guilt but enters the guilty plea because the defendant believes that the offered sentence is better than what the outcome of a trial is likely to be. State v. Schmidt, 3d Dist. No. 10- 10-04, 2010-Ohio-4809, ¶13. See, also, State v. Piacella (1971), 27 Ohio St.2d 92, 271 N.E.2d 852. The term “Alford plea” originated with the United States Supreme Court's decision in North Carolina v. Alford (1971), 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162, wherein...

Continue reading

DUI Blood Tests: Whole Blood vs. Serum/Plasma

Ohio Administrative Code 3701-53-03(A) sets forth the techniques and methods for determining the concentration of alcohol in blood, urine and other bodily substances.  Pursuant to that rule, Ohio allows for testing including gas chromatography and enzyme assays.  To challenge a blood test, it is important to know if the State has tested the blood as whole blood or as serum/plasma.  Operation with a concentration of alcohol is prohibited if the concentration in whole blood is equal to or exceeds .08%, R.C. 4511.19(A)(1)(b).  However, the prohibited concentration for whole blood is a concentration equal to or exceeding .096%, R.C.4511.19(A)(1)(c).  The high...

Continue reading

Warren County Partnership Targets Drug Traffickers

The Warren County Drug Task Force announced a new partnership with the Ohio Highway Patrol Thursday to help combat the flow of drugs running through Warren County on Interstates 75 and 71.  According to the joint agreement, a sergeant and two troopers with narcotic canines from the highway patrol will work with Warren County Deputy Brian Lewis and his two canines. The agencies will also share information and other resources.  If you are a constant reader of this blog you have followed the proliferation of stories wherein the Ohio State Highway Patrol has shifted focus to drug interdiction.  What impact...

Continue reading

DaytonDUI, Defending a Breath Test Case

"I'll Huff and I'll Puff and Blow Your House Down" Did you know that your breathing pattern can significantly alter the concentration of alcohol on your evidential breath test?  According to scientific research, "[t]he subject's test manner of breathing just prior to providing breath for analysis can significantly alter the concentration of alcohol in the resulting exhalation." (Jones, 1982, Schoknecht, 1989) as cited in Physiological Aspecs of Breath-Alcohol Measurement, Alcohol Drugs & Driving Vol. 6, No. 2, A.W. Jones.Hyperventilation "...

Continue reading

St. Patrick’s Day OVI Checkpoints in Clark, Greene, Montgomery & Shelby Counties

This is going to be an active weekend for law enforcement with every jurisdiction reporting increased patrols.  There will also be OVI checkpoints in Greene, Clark, Shelby and two in Montgomery County.  Details of the locations and times will be updated at this blog posting as we get them [so check back often].  Here's what we know so far:Clark County (Springfield):  There will be an OVI checkpoint operated tonight from 6pm until 10pm at St. Rt. 40 and St. Rt. 68 in Springfield.  The checkpoint is in conjunction with the Ohio State Highway Patrol and the Clark County Combined DUI...

Continue reading

The Prescription Drug Defense

While many people think of impaired driving as involving alcohol, we are increasingly seeing people accused of being impaired by prescription drugs.  Clients are surprised to learn that the same harsh penalties that apply to alcohol impairment also apply to prescription drug impairment.  You need an attorney who knows how to fight a drugged driving case.Drugged driving cases involving prescription drugs present a problem for law enforcement as indicators of prescription drug use are less apparent.  The standardized field sobriety tests are crude tools for detecting alcohol and may be useless in determining prescription drug impairment.  Challenging the officer's observations...

Continue reading

Ohio Controlled Substances Act, Drug Schedules

If you get arrested for possession of a controlled substance, it feels like your world is falling apart.  If you are unfamiliar with the judicial system you are likely scared to death and wondering what will happen.  The first and most important decision you can make at this point is to hire an experienced and competent defender.  Charles M. Rowland II will file a motion to suppress, aggressively prepare for trial and present your best case to the prosecutor.  Preparation leads to better results including dismissal, a reduction in your charge, treatments in lieu of conviction, or an acquittal at...

Continue reading

Intoxilyzer 8000 Is Unreliable!

Today, in State v. Heather Reid, Case No. TRC 1100716 in the Circleville Municipal Court, Judge Gary Dumm has ruled that "The State of Ohio cannot expect this Court to find the Intoxilyzer 8000 reliable when the State refuses to address known problems and explain why those problems can be ignored."The Court calls for independent laboratory testing to address the issues raised by the adoption of the Intoxilyzer 8000: RFI, sample size of the chamber, volume of the sample tested, possible operator manipulation of the results, possible CMI modifications of the software without the knowledge of ODH and slope detector...

Continue reading

Big 4th Amendment Win In The United State Supreme Court

Today the Supreme Court of the United States unanimously held that attaching a GPS device to a vehicle and using that GPS device to monitor the movements of the vehicle constitutes a "search" under the Fourth Amendment. Read the decision in United States v. Jones, here.  This decision was one of the most anticipated cases in this Supreme Court term and had many civil liberties proponents holding their breath.  Associate Justice Antonin Scalia said that the government’s installation of a GPS device, and its use to monitor the vehicle’s movements, constitutes a search, meaning that a warrant is required. “By...

Continue reading