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Dayton DUI Attorney Charles Rowland > Posts tagged "ohio attorney"

Why The Founding Fathers Opposed A Standing Army

Just how opposed were the Founding Fathers to a standing army?   Their revolutionary experience of the founding fathers forged a deep mistrust of standing armies.  They viewed them as a pernicious threat to liberty. Here are just a few quotes that explain how and why the idea (what we would call a police state today) was anathema to the first Americans.During the Virginia ratifying convention, James Madison described a standing army as the “greatest mischief that can happen.”In addition, fellow delegate to the Constitutional Convention of 1787, George Mason put a finer point on it: "No man has a greater regard...

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Drinking Underage In Ohio – What Are The Consequences?

Underage possession or consumption of beer or intoxicants is a serious crime in Ohio. The charges are first-degree misdemeanors carrying a maximum penalty of 180 days in jail and up to a $1,000.00 fine. Worse yet, a conviction may leave you with a “criminal record” which is much more serious than a fine or costs. Fear, shame or guilt may compel you to want to plead guilty to put the charge behind you, but that decision may have long-lasting and unintended consequences.If you are under 21 years old, drinking alcohol is illegal in the State of Ohio. Ohio Revised Code...

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Ohio DUI Law: Is Smell of Marijuana Sufficient?

Marijuana Is the odor of enough to justify a police search or arrest and can an officer make a valid determination based on just a smell?Attorney Charles Rowland answers common marijuana and OVI charge questions in this video. A peer-reviewed journal article, entitled “Marijuana Odor Perception: Studies Modeled From Probable Cause Cases”, published in Law and Human Behavior, (Vol. 28, No. 2, April 2004) explains that “The present findings throw into question, in two specific instances, the validity of observations made by law enforcement officers using the sense of smell to discern the presence of the drug. Although these instances reflect a...

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Ohio’s Revised Booster Seat Law

If you have a child, you need to comply with Ohio's Booster Seat Law.As of Oct. 7, 2009, Ohio’s Booster Seat Law requires all children to use belt-positioning booster seats once they outgrow their child safety seats (usually at 4 years old and 40 pounds) until they are 8 years old, unless they are at least 4 feet, 9 inches (57 inches) tall.Ohio’s revised child restraint law requires the following:Children less than 4 years old or 40 pounds must use a child safety seat. Children less than 8 years old, unless they are at least 4 feet, 9 inches tall must use...

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Rules for Driving in an Ohio Construction Zone

Here is the law regarding increased penalties for committing an offense in a designated construction zone.O.R.C. 5501.27 Increased penalties for traffic violations in construction zone.(A) The director of transportation shall adopt rules that do the following:(1) Rules governing the posting of signs advising motorists that increased penalties apply for certain traffic violations occurring on streets or highways in a construction zone;(2) Rules governing the posting of signs to be used pursuant to section 2903.081 of the Revised Code giving notice to motorists of the prohibitions set forth in sections 2903.06 and 2903.08 of the Revised Code regarding the death of...

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DUI LAW: Once There Was A Place Called Camelot

Image by Mr Mo-Fo via FlickrDON'T LET IT BE FORGOT, THAT ONCE THERE WAS A SPOT, FOR ONE BRIEF SHINING MOMENT, THAT WAS KNOWN AS CAMELOT. In State v. Homan, 89 Ohio St.3d 421, 2000-Ohio-212, 732 N.E.2d 952 (2000),  the Ohio Supreme Court ruled in favor of requiring the government to strictly comply with the standardized testing procedures set forth in the National Highway Traffic Safety Administration (hereinafter NHTSA).  NHTSA is the government agency tasked with determining what quasi-scientific tests are indicative of alcohol impairment.  The court concluded that "even minor deviations from the standardized procedures can severely...

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Ohio Death Penalty: The Time Has Come

"An Ohio Supreme Court justice who helped write the state's death penalty law three decades ago and has more recently questioned its interpretation called Tuesday for an end to capital punishment in the state." (SOURCE)Justice Paul Pfeifer, the judge some call the father of Ohio's death penalty, has come out against the State's imposition of death.  He goes on to call for Ohio governors to commute the sentence of those currently on death row to that of life without the possibility of parole. Ohio has 157 men and one woman on death row. Of those, 43 were...

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Dayton 2-way Street Conversion, Good Urban Design

Image via WikipediaFROM: www.daytonmostmetro.com, Dec. 15, 2009 by Bill PoteOver the past several weeks, work crews have been busy cutting out curbs for new turning lanes and installing new traffic light poles all over Downtown Dayton in preparation for the two-way street conversions that will be completed over the first few months of 2010 (view a map of the changes here).  This major change to downtown’s street grid was first introduced in 2003, and initial plans were introduced in public sessions in 2007 – with fierce opposition from downtown business owners who rightly argued against the loss of the majority of...

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Ticketed for Sounding TOO Fast!

Image by myfear via FlickrOhio Court of Appeals rules that a police officer cannot issue a speeding ticket because a car sounds fast.The Ohio Court of Appeals on Monday ruled that a motorist cannot be convicted of speeding based solely on how fast his car may have sounded. On October 18, 2007, Patrolman Ken Roth ticketed Daniel Freitag in the village of West Salem as Freitag was driving with his wife Jane on US Route 42. Roth claimed his radar unit clocked Freitag at 42 MPH in a 35 zone. Roth also claimed he could hear Freitag's 2006 Lincoln...

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Find the Right Ohio Attorney: A Guide From the Ohio Supreme Court

Supreme Court of Ohio today [Nov. 12, 2009] released a publication that provides practical information about the lawyer-client relationship for Ohioans considering hiring an attorney. A joint project of the Supreme Court’s Clients’ Security Fund and Commission on Professionalism, the guide is intended to promote the public’s confidence in the integrity of the legal profession in Ohio.It is hoped that Ohioans use this guide with its easy-to-understand terms for help in finding a lawyer, what to expect after hiring a lawyer, how to avoid problems in the lawyer-client relationship, and what steps to take if problems do occur. The guide also contains...

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