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Miami Valley Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "Miami Valley" (Page 26)

Ohio State Patrol To Enforce Dram Shop Laws

 Dram shop is a legal term referring to a bar where alcoholic beverages are sold. Traditionally, it referred to a shop where spirits were sold by the dram, a small unit of liquid. Dram shop laws which are designed to make business establishments liable for the injuries or damages caused by persons to whom they have sold alcohol. For example, if a bar or tavern sells alcohol to a patron, and that patron then injures someone in a car accident, the dram shop law allows the plaintiff to recover damages from the bar as well as the intoxicated person. According to Ohio’s dram shop law, persons who...

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OVI in Huber Heights? (by Dayton DUI)

Does Huber Heights Have Its Own Municipal Court? If you are arrested for misdemeanor DUI / OVI in Huber Heights your case will be heard in the Montgomery County Municipal Court, Eastern Division.  Many refer to this as the Huber Heights Municipal Court, but the court’s jurisdiction is larger, covering regions in north-east Montgomery County including the city of Riverside, Ohio.  The Montgomery County Municipal Court is located at 6111 Taylorsville Rd.,Huber Heights, OH 45424-2951.  You can contact the court’s Traffic/Criminal Division at  (937) 496-7231, the Civil Division at (937) 225-5824 and you can fax information to (937) 496-7236. Charles M. Rowland II appears regularly in the Montgomery County Municipal Court (Huber Heights...

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Announcing Babb & Rowland (and free stuff)!

2013 ushers in a new chapter in our firm's history.  Starting January 1st we will be Babb & Rowland, LLP.We will be providing the same client-centered services and adding some new faces.  Jamie L. Anderson will be taking over the reigns of the domestic relations practice as we bid farewell and best wishes to Patricia Campbell who will be moving her domestic relations practice to Bellbrook.  Jamie is formerly with the law firm of Weade, Anderson, Phipps & Aulman in Xenia, and she will bring her years of service to Babb & Rowland.  You can find out more about Jamie...

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Avoid A DUI This New Year’s Eve (by DaytonDUI)

The best way to avoid a DUI this holiday season is to think ahead. I have been defending the accused drunk driver since 1995.  Countless people have sat in my office lamenting the fact that they could have avoided the DUI charge by deciding to hail a cab, call a friend or waiting for their sober friend to drive them home.  It is my belief that the solution to drunk driving as a societal problem involves  focusing on the prevention of the drunk driving situation.  Let's make things easier for a person to make a good decision.  Here are some tips...

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Appellate Decision: Rules (as written) Don’t Apply

A recent 10th District Court of Appeals decision in State v. Castle, 2012-Ohio-6028, decided on an interpretation of the Ohio Administrative Code that will allow the government to use both a BAC DataMaster or any other approved device to prosecute drunk driving cases in Ohio.  The court determined only the limited issue of whether the issuance of an operator access card under Ohio Adm.Code 3701-53- 09(D) prohibits the operator from performing breath tests using an instrument for which the operator also has been issued either an operator or senior operator permit under Ohio Adm.Code 3701-53-09(B)."The BAC DataMaster and Intoxilyzer 8000 are...

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Ohio State Highway Patrol Announces Christmas Enforcement Initiative

On Friday, the Ohio State Highway Patrol issued a press release announcing their annual Christmas enforcement initiative.  This year they have stuck with the familiar "Drive Sober or Get Pulled Over" theme.  I expect that the effort will be accompanied by a full media blitz including radio and television commercials. Below is the full text of the press release. Patrol to target impaired drivers this Holiday Season Drive Sober or Get Pulled Over COLUMBUS – The Ohio State Highway Patrol will be out in full force this holiday season removing dangerous and impaired drivers in an effort to reduce fatal and injury crashes....

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Do Not Pay Your Reinstatement Fee! (by DaytonDUI)

Charles M. Rowland II may be able to get your reinstatement fee lowered from $475.00 to $40.00.  Whether or not he can do this is not decided until the end of the case.  So Don’t Pay Right Away! In Ohio, any person who operates a vehicle within the state of Ohio is legally presumed to have given his or her consent to a chemical test of their blood, breath, or urine to determine alcohol content if arrested for OVI (drunk driving).  According to Ohio Revised Code 4511.191, if probable cause exists to believe that you are operating a vehicle while impaired (commonly called a DUI) and you refuse to take a...

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How To Pay Your Ticket In Dayton (by DaytonDUI)

 If you receive a ticket in the jurisdiction of the Dayton Municipal Court, you can pay the ticket on-line, in person or by mail.Pay your fine online at www.paymyfine.org with a VISA or MASTERCARD. Traffic Tickets will be in the system within five (5) business days. Electronic parking tickets will be available for online payment within 12 hours of issuance. Handwritten parking tickets will be available for online payment within two business days of issuance.Pay in person between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday report to the Dayton Montgomery County Courts Building at 301 W. Third St.,...

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Can A Defendant Waive A Jury Trial In Ohio? (by DaytonDUI)

Controversial Jury Bill Dies In Committee Ohio is one of 21 states that give the power to decide whether or not to have a jury trial solely to the defendant.  Thus, a defendant can, at any point, decide against a jury trial and opt for a trial only to the judge.  This is often done in serious OVI cases wherein a technical or scientific point is the most salient point.  It is particularly apt when a defendant wants to avoid allowing the prosecution to enflame the jury with sympathetic evidence of injuries or in cases where the defendant has a lengthy...

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FBI Investigates False DUI Arrests

This page has long maintained that the current "Standardized Field Sobriety Test" procedure is fraught with uncertainty and open to subjective interpretation.  A federal investigation has been launched against Utah Highway Patrol Cpl. Lisa Steed for civil rights violations. Steed has been accused of arresting people for DUI who were sober. Two judges have found Steed lied on the witness stand and a 2010 memo suggesting she was falsifying arrest reports has emerged.  While the vast majority of law enforcement officers are hard-working and dedicated to protecting the public from drunk drivers, this officer may have used her discretion to abuse innocent citizens....

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