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Misdemeanor Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "Misdemeanor"

Reckless Operation in Ohio: What is the Law? – Video

RECKLESS OPERATION: What is the law? https://youtu.be/R0IvweB5sdYThis video explains what reckless operation means for your Ohio drivers license and the difference between a reckless operation and an OVI. Reckless operation in Ohio can constitute any number of offenses within the Ohio Revised Code dealing with operation of a vehicle with willful or wanton disregard to persons or property.  Commonly, reckless operation is charged under O.R.C. 4511.20 (all codes sections are set forth below).  There is a separate O.R.C. section dealing with reckless operation while off-road (O.R.C. 4511.201) and while on a watercraft (O.R.C. 1547.07).  O.R.C. 4511.202 is Ohio’s Reasonable Control Statute.The Ohio Supreme...

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Ohio DUI Laws: An Overview

This post collects together in one place many of the Ohio DUI Laws that arise in drunk driving cases.   Some Ohio DUI laws are listed because law enforcement will charge these offenses to establish probable cause for pulling over your vehicle.  If you need to find out more about a specific law, or how the statute has been interpreted or applied, call Charles M. Rowland II at (937) 318-1384 or read about the specific Ohio DUI law at the Ohio DUI Law Blog.Operating a Vehicle Impaired (OVI); O.R.C. 4511.19 This is Ohio's drunk driving statute (Ohio's DUI law).  It is a...

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Affirmative Defenses to a Driving Under Suspension Charge

Ohio law provides two affirmative defenses to the crime of driving under suspension.  Ohio Revised Code section 4510.04, Affirmative defenses to driving under suspension or cancellation, provides in pertinent part, It is an affirmative defense to any prosecution brought under section 4510.11, 4510.14, 4510.16, or 4510.21 of the Revised Code or under any substantially equivalent municipal ordinance that the alleged offender drove under suspension, without a valid permit or driver’s or commercial driver’s license, or in violation of a restriction because of a substantial emergency, and because no other person was reasonably available to drive in response to the emergency.It is an affirmative defense to any...

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Ohio Revised Code 4511.194, Physical Control

Ohio Revised Code section 4511.194 defines the crime of “Physical Control.” The crime of "Physical Control" involves being in physical control of a vehicle while under the influence of alcohol or a drug of abuse.  This definition means that you do not have to be driving or operating the car.  If a person is in the driver’s position of the front seat of a vehicle, or in the driver’s position of a streetcar, or trackless trolley and having possession of the vehicle’s, streetcar’s or trackless trolley’s key, or other ignition device that person is in “physical control” of the vehicle.  See...

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What Constitutes a Felony DUI in Ohio?

Ohio has enacted two “look-back” statutes which enhance the penalties for a DUI; a six year look-back and a twenty year look-back.  This post will focus on when a DUI becomes a felony.  For a complete list of penalties for DUI offenses check out my previous article OHIO OVI PENALTIES.Six Year Look-BackIf you receive a second DUI six years from the conviction date of your first DUI, the penalties are enhanced.  Both a first and second DUI within a six year period are first degree misdemeanors which carry a maximum fine of $1,075.00 and a maximum incarceration of six (6)...

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What Are The Costs of a DUI?

Potential expenses from a DUI According to a recent CNBC article: Drunk Driving Could Cost $20,000, by Craig Guillot, you could expect to spend as much as $20,000.00 in total costs for a first time DUI offense.  Another article, The Most Expensive Ride You'll Ever Take, by Ashley Grant details her expensive experience with a DUI charge. "One drink too many puts you at risk not only for an arrest, but also for fees, fines and costs that can run you thousands of dollars. While a DUI or DWI may be a misdemeanor charge in a number of jurisdictions, it's a matter that...

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Springfield Ohio DUI Information

Image via WikipediaIf you have been arrested for OVI in Springfield, Ohio, your misdemeanor OVI case will be heard in the Clark County Municipal Court.   If you need to find information about a case in the Clark County  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 Springfield and the Clark County Municipal Court for over fifteen years.  Charles Rowland dedicates his practice to...

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Boating Under the Influence in Ohio (BUI)

Boating Under the Influence is illegal in Ohio. 2001 Sub. S.B. 123, eff. 1-1-04 sought to unify the drunk driving provisions with Ohio's boating laws.   O.R.C. 1547.11(A)(1)  to O.R.C. 1547.11(A)(6) prohibit a person from operating or being in physical control of a vessel underway or manipulating water skis, aquaplanes, or similar devices while under the influence of alcohol or drugs.O.R.C. 1547.11(A)(1) is the impairment provision of the law, preventing operation or physical control while under the influence.  The law also has a provision preventing operation with a prohibited level of alcohol which it sets at the same prohibited level...

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Fairborn Municipal Court and the T.I.P. Program

People charged with Driving Under Suspension (DUS) or Failure to Reinstate in the Fairborn Municipal Court can take advantage of a new program designed to divert cases from the court's docket and help violators obtain a valid license.  Under the Traffic Intervention Program (TIP), an officer of the court helps people understand what is needed to clear up license problems.  If a defendant becomes valid within 120 days of arraignment,  presents proper insurance and does not have any new driving violations, the charge of driving under suspension or failure to reinstate (both first degree misdemeanors) will be amended to the...

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Vandalia Municipal Court’s Traffic Safety Program

The Vandalia Municipal Court has begun a TRAFFIC SAFETY PROGRAM (TSP) which enables approved defendants, who have voluntarily entered a Plea of Guilty to a minor misdemeanor traffic citation issued within the jurisdiction of the Vandalia Municipal Court, to have their cases dismissed upon successful completion of the Program and payment of the Program fee. Visit HERE to learn more about the TRAFFIC SAFETY PROGRAM. Vandalia OVI attorney Charles M. Rowland II regularly appears in the Vandalia Municipal Court representing people accused of driving under the influence.  If you need assistance in the Vandalia Municipal Court, contact Charlie today at 937-318-1DUI...

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