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

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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What If The Prosecutor Won’t File Charges? O.R.C. 2935.09

In a story that is breaking today, family members of Tamir Rice are seeking to skirt local prosecutors and ask a judge to issue warrants for murder against the police officers involved in the case.  The lawyers, tired of waiting for prosecutors to take action, are relying on a rarely used Ohio law to expedite their effort to have two officers charged.The cited statute — Ohio Revised Code 2935.09 — allows anyone with information about illegal activity to file an affidavit for an official to review. It was established in 1960 to give private citizens an avenue when they feel police are...

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Ignition Interlock Bill Dies In Committee

Annie's Law (H.B. 469) a bill that would have required all first-time OVI offenders to install an ignition interlock device in their vehicles has failed to garner enough votes to make it out of committee.  The bill, in its proposed form would have required a driver to blow into the the device to start the car, which would prevent the engine from starting if too much alcohol was detected on his or her breath.The bill faced opposition from the Ohio Judicial Conference and the Ohio State Bar Association. Chief worries about the bill included issues of restricting judicial sentencing discretion and...

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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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Drunk And Disorderly, A Definition

Drunk and Disorderly! The crime of disorderly conduct while intoxicated is a violation of O.R.C. 2917.11.  The crime of disorderly conduct is also know, and often charged, as public intoxication.  This broadly defined crime can be charged as a minor misdemeanor carrying a maximum fine of $150.00 and no jail time or as a 4th degree misdemeanor carrying a maximum punishment of 30 days in jail and a $250.00 fine.  Disorderly conduct while intoxicated can be defined as anyone who is voluntarily intoxicated and engages in one of the circumstances described below:In public or in front of two other people, behaves in a manner that would...

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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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State v. Vega, shackling Ohioans for over 25 years!

State v. Vega shackles Ohioians  The following post is from a respected national DUI attorney, Lawrence Taylor,  a man I respect.  Here he lays out the best and most damning argument against Ohio's decision to prevent defendant's from challenging the breath test machine.  The decision he is criticizing is State v. Vega.  It is the position of this blog that this decision is badly decided and should be overturned. Posted by Lawrence Taylor on December 4th, 2008I received a lot of email from readers who think there was some misunderstanding at the end of my last post, that it could not possibly...

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Reckless Operation

The statutory definition of reckless operation can be found at Ohio Revised Code Section 4511.20 which states: 4511.20 Operation in willful or wanton disregard of the safety of persons or property.(A) No person shall operate a vehicle, trackless trolley, or streetcar on any street or highway in willful or wanton disregard of the safety of persons or property. (B) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to...

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