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ohio ovi case law Tag

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

DUI Case Law – Ohio DUI | OVI Blog (Due Process)

To understand DUI case law, it is important to understand how the United States Supreme Court analyzes due process issues.  "The Supreme Court has identified two distinct categories of fundamental liberties. The first category includes most of the liberties expressly enumerated in the Bill of Rights. Through a process known as "selective incorporation," the Supreme Court has interpreted the Due Process Clause of the Fourteenth Amendment to bar states from denying their residents the most important freedoms guaranteed in the first ten amendments to the federal Constitution. Only the Second Amendment right to bear arms, the Third Amendment right against involuntary quartering of soldiers, and the Fifth...

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Ohio OVI Attorney Charles Rowland

If you are in need of an Ohio OVI attorney, consider Charles M. Rowland II.  Charles served as the Xenia City Prosecutor.  In that capacity he has prosecuted DUI offenses.  This experience gives him unique insight into how prosecutors will approach your case.  Ohio OVI Attorney Charles Rowland has served as a “Special Prosecutor” on high-profile felony cases.  Charles is a proud member of the National College for DUI defense and in 2006 attended the intensive seminar on DUI law at Harvard University.  National Patent Analytical Systems has certified Charles Rowland in the operation, diagnostic verification and calibration of the BAC DataMaster...

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Ohio DUI Law Update: Appellate Court Upholds Intoxilyzer 8000

In the first appellate decision involving the Intoxilyzer 8000, Ohio's 12th District Court of Appeals ruled that tests should be allowed despite the plain language of the Ohio Administrative Code.  The ruling is the first setback to defense attorneys (like me!) who have challenged the implementation of the machine in Ohio.  The case is State v. Kormos, 2012-Ohio-3128 and you can read the full decision HERE.At issue was Ohio Administrative Code section 3701-53-04 which incorporates the new rules for calibrations of the Intoxilyzer 8000. See O.A.C. 3701-53-04(B) as set forth below.  The “new” standards “automatically perform a dry gas control test before...

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Ohio DUI Law: Is Duress An Affirmative Defense To An OVI?

Duress was asserted as an affirmative defense in Cleveland v. Chambers, 1984 WL 5006 (Ohio Ct. App. 8th Dist. Cuyahoga County 1984).  In that case, the accused was robbed in a parking lot and told to "get out of here" by the perpetrator who took the extra step of following him in a separate car.  The police found the defendant when he subsequently crashed his car.  The defendant was charged with OVI.  Even under these extreme circumstances, the court found the defendant's apprehensions "did not create a circumstance where [he] had no control over his actions nor where he was...

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