a

Facebook

Twitter

Copyright 2019 Dayton DUI.
All Rights Reserved.

9:00 - 17:00

Our Opening Hours Mon. - Fri.

Facebook

Twitter

Search
OVI Menu
 

ohio attorney Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "ohio attorney" (Page 2)

Actual Guilt vs. Legal Guilt

Image via Wikipedia"We make a distinction in this case between the "actual" guilt or innocence of a defendant and the "legal" guilt or innocence of a defendant. "Legal" guilt or innocence is that determination made by the trier of fact in a criminal trial.  Thus a defendant found "legally" guilty has been found guilty beyond a reasonable doubt by a jury of his peers in a criminal adjudication. "Actual" guilt is intended to refer to a determination in a civil trial, by a preponderance of the evidence, that the defendant engaged in the conduct he was accused of in the...

Continue reading

DUI Fatalities Fall

[caption id="" align="alignright" width="144" caption="Image by cobalt123 via Flickr"][/caption]Drunken driving fatalities in U.S. drop over 1/3 between 1982 and 2006. This large drop occurred in spite of dramatic increases during the same period in the number of vehicle miles traveled, registered motor vehicles on the road, licensed drivers, and population of the country. ...

Continue reading

Ohio Changes Traffic Laws

[caption id="" align="alignright" width="108" caption="Image by liangjinjian via Flickr"][/caption]House Bill 2 changed the traffic laws of Ohio dramatically.  Here is a summary which can be found at the Ohio Department of Public Safety's website: http://publicsafety.ohio.gov/.  Three of the major legal changes are listed below. 1. Increase in speed limits for motor vehicles weighing in excess of eight thousand pounds empty weight or a noncommercial bus from the current 55 to 65 mph.  The new uniform limit would apply on certain interstate highways.  Citations for such vehicle violations will be issues as a violation of...

Continue reading

Motorized Bar Stool Profits at Issue

On April 1, 2009, this blog reported on the unusual arrest of Kile Wygle.  Mr. Wygle was arrested in Newark (Licking County), Ohio for impaired driving after he crashed on his homemade motorized barstool (see picture below).  It happens that Mr. Wygle also owes approximately $37,000 in back child support.  So, the Licking County Child Support Enforcement Agency is moving in to preemptively seize any profits which may be derived from the sale of the barstool. [Editor's Note: I want one].  www.TheStandard.net is reporting that Mr. Wygle thinks the entire situation is "pretty...

Continue reading

Ohio Speed Limit Update

Image by bredgur via FlickrSubject: Ohio H.B. 162-Speed limit to 70 mphOn Wednesday, June 3, 2009, The Ohio House Transportation and Infrastructure Committee will hold a second hearing for H.B. 162 that would raise the speed limit to 70 m.p.h. on Ohio's Interstates. The hearing will take place at 10:30 AM in Room 017 (in the basement of the Statehouse). The agenda states that the hearing is open to Proponents, Opponents, and Interested Parties.You can be sure that the government and insurance representatives will be there to claim the entire population of Ohio will...

Continue reading

Ohio Amongst Worst States for Motorists

Source: National Motorists Association (www.motorists.com)With the first major driving holiday of the summer season approaching, we have analyzed the laws across the country to determine the best and the worst states when it comes to exploiting the motoring public.  These state rankings were calculated using seventeen criteria related to specific traffic laws, enforcement practices, and the treatment of traffic ticket defendants. The rankings are designed to provide guidance to travelers who do not want their vacation ruined by speed traps, arcane laws or “kangaroo” traffic courts.The state most likely to find its way into your wallet is New Jersey. With...

Continue reading

Urine Test Excluded; State Failed to Show Substantial Compliance

Image by owlbookdreams via FlickrState v. Hoder, 4/6/2009, 2009-Ohio-1647, 9th District Court of Appeals View Court Published Official DocumentThe Defendant in this case was arrested for drunk driving and submitted to a urine test.  The test was properly marked and placed in the property refrigerator.  Two days later the urine test was removed and placed in a bag to be sent to the lab.  It arrived at the lab two days later.  The Defendant filed a motion to suppress and the court overruled his motion.  Upon appeal the 9th District REVERSED finding...

Continue reading

Prosecuting Attorney Not Required to Prove Date In DUI Trial

[caption id="" align="alignright" width="210" caption="Image via Wikipedia"][/caption]State v. McFeely, 3/30/2009, 2009-Ohio-1436, 11th District Court of Appeals:  Every prosecuting attorney is taught that they must prove each and every element of the offense including venue, jurisdiction, identification, date and time.Well, maybe not.  The Eleventh Dist. Court of Appeals recently held (in a DUI case of course) that date was not an essential element of the offense.  The big deal here is that date has always been considered an element of the offense and not just a procedural bugaboo.  Holding police and prosecutors to the highest standards...

Continue reading

False Eyewitness Identification

Image via Wikipedia60 Minutes did a great story on false eyewitness identification.  It is startling to see Lesley Stahl choose the wrong "perp" just after it is explained to her how she will be tricked.  While the issue of false eyewitness identification rarely occurs in a DUI/OVI case, good trial attorneys will use whatever they can to extricate their clients from a false criminal charge....

Continue reading

Forensic Science Questioned by the NACDL

I am writing to alert NACDL membership to an important development that may have a significant impact on criminal defense practice.  The National Research Council today released a sweeping critique of current forensic science methods presented by police and prosecutors in courtrooms across the country.  The report, Strengthening Forensic Science in the United States: A Path Forward, found that too many “crime” labs evince a prosecutorial bias more oriented toward convicting suspects rather than scientific truth. It found that many currently accepted fields are based on outmoded or untested theories ...

Continue reading