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Miami Valley Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "Miami Valley" (Page 23)

DUI Breath Test Defense: Core Body Temperature as a Defense to a Breath Test

Took the Breath Test and wondering if you still have a case?   The cornerstone of evidential breath testing is the scientific principle called Henry's law, named after pioneering chemist William Henry in 1803.  Henry's Law states, At a constant temperature, the amount of a given gas that dissolves in a given type and volume of liquid is directly proportional to the partial pressure of that gas in equilibrium with that liquid. In evidential breath testing, Henry's Law allows the machine to assume it can measure the alcohol (ethanol)  in your breath as a ratio to the ethanol in your blood.  That is why...

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Setting the Standard For Excellence

Today I am attending the Ohio Academy of Criminal Defense Lawyers/National College for DUI Defense advanced DUI seminar in Columbus, Ohio.  The three-day seminar brings together the best DUI attorneys and experts from across the nation to discuss topics ranging from pharmacology to how to talk to jurors.  It takes a great deal of effort to stay on the cutting edge of DUI defense and this type of seminar gives an attorney the edge in the courtroom.   If you are in need of a  DUI attorney who is dedicated to providing you with the best scientific defense possible, please...

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Miami County Municipal Court Gets New Judge

--from CNO--Miami County Prosecutor Gary A. Nasal will soon be on the other side of the bench after his appointment today by Gov. John Kasich to the Miami County Municipal Court. Nasal fills the vacancy left by former Judge Mel Kemmer who retired in August.  Nasal will need to win in November’s general election to fulfill the remaining years on the unexpired term that ends December 31, 2015.County prosecutor since 1995, Nasal’s name was one of three submitted to the governor’s office by the Miami County Republican party to fill the vacancy, according to a December 30, 2012 story in...

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Standardized Field Sobriety Tests: You Can’t Say That!

"The notion that an officer may testify and estimate that a person, based on his or her Horizontal Gaze Nystagmus results, will test over the statutory limit a certain percentage of the time is alarming."  This is not the opinion of an OVI defense attorney, but the opinion of the 4th District Court of Appeals in State v. Martin, 2005-Ohio-1732 (Ohio Ct. App. 4th Dist. Pickaway County 2005)(error found to be harmless in light of the other evidence adduced).  Therein, the court found it was error for the trial court to permit the arresting officer to testify that four or...

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Bellefontaine OVI Attorney (Serving Logan County)

If you are arrested for misdemeanor drunk driving (OVI, DUI) in Bellefontaine, Logan County, Ohio, your case will be heard in the Bellefontaine Municipal Court. Information about the Municipal Court is available HERE.  You can also connect with the Bellefontaine City Prosecutor Joseph Bader (937) 599-1205, the Bellefontaine Municipal Court Probation Department Dave Newland (937) 599-3011, the Bellefontaine Police Department or the City of Bellefontaine.  Elected in 2011, the Honorable Anne E. Beck presides over the court at 226 W. Columbus Ave. in downtown Bellefontaine.  You can reach the court Monday through Friday, 8:00 a.m. to 4:30 p.m. at (937) 599-6127....

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OVI Trial Strategy: The Cop Was Not A Liar (by DaytonDUI)

Most Americans trust and respect police officers.  If you think that you will be able to go into a courtroom and overcome this ingrained belief you are, most of the time, dead wrong.  Americans do not like drunk drivers.  If you think that you can win an OVI case by calling the police officer a liar, you will probably lose.  One of the biggest mistakes an attorney can make is to position your case so that the jury must choose between believing the officer's version of events or your version of events.  Jury verdict research suggest a modified approach.The officer...

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Defending The Accusation Of Slurred Speech (by DaytonDUI)

A very common observation by law enforcement in an impaired driving investigation is the presence of "slurred speech."  Experience trial counsel will look to the totality of evidence to combat the damning accusation of slurred speech.Many traffic stops are now captured on video tape.  As the quality of the recordings has improved we are often able to hear exactly what the officer is hearing.  Reasonable people can disagree as to whether or not the speech on a video is "slurred" and whether or not it was fair for the officer to describe the speech as slurred.  Another, more subtle method...

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Miamisburg OVI Attorney

Miamisburg OVI? Start Here.  If you are arrested on suspicion of OVI (drunk driving) in Miamisburg, West Carrollton,Germantown, German Township or Miami Township, your misdemeanor DUI case will be heard in the Miamisburg Municipal Court.  The Honorable Robert W. Rettich III  was elected the Miamisburg Municipal Court judge in the general election on November 8, 2011.  He was sworn into office on December 30, 2011. The Court is served by Magistrate Margaret Quinn and Chief Bailiff Kirk J. Bell.  The Miamisburg Municipal Court, located at 10 N. First Street, Miamisburg, Ohio 45342, serves a population of over 80,000 and handles in excess of 15,000 cases per year.  The court is open Monday...

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Xenia OVI Lawyer

You may be thinking, I’m in trouble, I’m going to lose my license, and I may even end up in jail after being arrested for OVI in Xenia, Ohio. The truth is if you are convicted of DUI (now called OVI) in Ohio, there are serious consequences according to Ohio drunk driving laws. But what you may not realize is that there are defenses in an OVI case. A good drunk driving defense lawyer can save you from harsh consequences. Remember, this isn’t an open and shut case. There are ways to defend a Xenia OVI. That’s why right now is the best time to contact experienced attorney Charles M....

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Aggravated Vehicular Homicide, O.R.C. 2903.06

Aggravated Vehicular Homicide, O.R.C. 2903.06,  is a crime that results from the death of another caused by the defendant's operating a vehicle while impaired (a violation of R.C. 4511.19)  or while driving negligently or recklessly.  The statute  encompasses driving an automobile recklessly or negligently (called Vehicular homicide) whether or not alcohol played a part in the death.  Often, defendants are indicted for multiple counts, with additional counts for each victim of the accident.Under the reckless section of the statute you will be found guilty of a third degree felony which rises to a second degree felony if the driver is...

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