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March
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Drivers License Taken Because of DUI?
in DUI Law
QUESTION: If somebody hires you, can you help them get their license back if it has been taken?AUDIO ANSWER by DUI Attorney Charles Rowland:...
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QUESTION: If somebody hires you, can you help them get their license back if it has been taken?AUDIO ANSWER by DUI Attorney Charles Rowland:...
Continue readingThe practice of modern DUI law involves understanding the various scientific tests that have become commonplace in forensic collection and storage of specimens for alcohol analysis. Specifically, DUI attorneys must understand that contamination can increase the concentration of ethanol in a specimen. Typically, contamination takes one of two forms. The first is straight-forward physical contamination which may manifest itself before, during or after collection. The second form of contamination occurs when microorganisms contaminate a sample and produce ethanol in the sample thereby falsely inflating the amount of ethanol therein. This article will focus on the physical contamination that may cause...
Continue readingDespite sequestration, budget cuts, deficit spending and general dysfunction in Washington D.C., one thing is clear: M.A.D.D. will always get its money. This week MADD boasted that Congress has provided full funding for the main components of its agenda. The spending bill allows over $50 million for aspects of the Campaign to Eliminate Drunk Driving, including:$29 million for three annual high visibility “crackdowns.” Two of these crackdowns are the twice yearly Drive Sober or Get Pulled Over campaigns, which target drunk drivers and the Click It or Ticket seat belt campaign. By securing this funding, MADD wins the argument about invasive and unpopular checkpoints.$20...
Continue readingTo be diagnosed with ADD/ADHD, a person has to demonstrate an inability to complete divided-attention testing. In 2009, the Centers for Disease Control reported that 9.5 percent of children in the United States had ADHD, up from the previous survey. The trend has not gone unnoticed amongst the insurance industry who reported at the 162 annual meeting of theAmerican Psychiatric Association in May 2009 that:28 percent of adult drivers with ADHD reported receiving a citation withing the prior twelve months. 34 percent reported being in an auto collision. 44 percent reported either a citation or a collision.The standardized field sobriety tests are divided-attention tests. Given these statistics,...
Continue readingIt is not uncommon for a client to choose my representation on a second, third, or fourth OVI offense. One of the first things we check is whether or not the client was represented by an attorney in the previous convictions. We also check to see if the prior plea had a valid waiver of counsel. Both of these issues were addressed by the Ohio Supreme Court in State v. Brooke, 113 Ohio St. 3d 199, 2007-Ohio-1533, 863 N.E. 2d 1024 (2007), wherein the Court stated: Generally, a past conviction cannot be attacked in a subsequent case. However, there is a...
Continue readingIf you have been arrested for OVI in Centerville, Kettering, Moraine or Washington Township, your misdemeanor OVI case will be heard in the Kettering Municipal Court. If you need to find information about a case in the Kettering Municipal Court you can search HERE for case information/case look-up, or visit the court’s web site HERE.Charles M. Rowland II has represented the accused drunk driver in the Kettering Municipal Court since 1995 and dedicates his practice to OVI law. He has some of the most impressive credentials for OVI attorneys in the state of Ohio that you can review HERE. If you find yourself in need of...
Continue readingIf you tell your friends that you were arrested for punching someone in the face, their overwhelming reaction will be, "Wow, what happened?" If, however, you tell them that you were arrested for DUI, those same friends will say, "Oh, I'm so sorry." What is the difference? When a person is facing a DUI charge, guilt is assumed. How in the world did this happen? How did our presumption of innocence, so valued in the American tradition of law, become so cheapened? Perhaps we can look to the politically charged nature of the crime of drunk driving. We can blame...
Continue readingThe Ohio State Highway Patrol has begun its "Drive Sober or Get Pulled Over" St. Patrick's day enforcement initiative. More than 78 local law enforcement agencies around the state will be conducting more than 2,100 hours of enforcement activity and 1,900 hours of saturation patrols in addition to 15 sobriety checkpoints, funded by federal grants provided through the Patrol’s Ohio Traffic Safety Office. We will keep you posted as we continue to get updates. CLARK COUNTY OVI CHECKPOINT – The Clark County OVI Task Force will be operating an OVI checkpoint within Clark County tonight to intercept impaired drivers as part of...
Continue readingAn often-overlooked piece of exculpatory evidence is your signature. When the officer has read and explained your rights prior to conducting an evidential breath test, he or she will ask you to sign a form entitled the BMV Form 2255 Notice of Administrative License Suspension. Under Ohio Revised Code 4511.192 (A) "The officer SHALL give that advice in a written form that contains the information described in division (B) of [that] section and SHALL read the advice to the person. The form shall contain a statement that the form was SHOWN to the person under arrest and read to the person by...
Continue readingOhio Revised Code 4511.19(D)(4)(b) sets forth the standards for admissibility of the results of field sobriety tests in OVI (drunk driving) prosecutions. See State v. Bozcar, 113 Ohio St. 3d 148, 2007-Ohio-1251, 863 N.E.2d 115 (2007). In order for the tests to be admissible, the State must demonstrate:By clear and convincing evidence. The Officer administered the tests insubstantial compliance. The testing standards for any reliable, credible, and generally accepted test. Including, but not limited to, the standards set by NHTSA.The only guidance provided for determining the meaning of “substantial compliance” has come from State v. Burnside, 100 Ohio St. 3d 152, 2003-Ohio-5372 (2003), wherein the court indicated that errors that...
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