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Dayton DUI Attorney Charles Rowland > Posts tagged "ohio ovi" (Page 3)

New DUI Punishment Coming To Ohio

The Ohio legislature is considering H.B. 469 (Annie's Law) which would bring a harsh new DUI punishment to the State.Currently, ignition interlock devices are used in all 50 states and the District of Columbia. However, states vary widely in how the ignition interlock devices are used and which drivers are required to install them. In West Virginia, for example, interlock devices are only ordered at a judge’s discretion while Michigan mandates their use for drivers who are found with a BAC more than twice the state’s legal limit.  In Ohio, ignition interlock devices are required for any driver accused of a second...

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Phase Two: The Personal Contact Phase

An officer's decision to arrest for DUI involves three steps: observing the vehicle in motion, observing the driver during a personal contact phase, and administering field sobriety tests.  Evidence is collected at each stage.  If, after conducting all three phases, the officer believes probable cause exists that you are impaired, you will then be arrested.  Probable cause is a flexible, common-sense standard. It merely requires that the facts available to the officer would 'warrant a man of reasonable caution in the belief,' Carroll v. United States, 267 U.S. 132, 162 (1925), that you are impaired; it does not demand any showing that...

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Standardized Field Sobriety Tests – An Infographic

This info graphic describes the science behind the standardized field sobriety tests (spoiler alert: There isn't much).  Field Sobriety Tests are commonly known as the roadside activities that police officers ask drivers to perform if the officer suspects that the driver is impaired by alcohol or another impairing substance. We call them “stupid human tricks.”  Contrary to popular understanding and belief, many of these tests have little basis in science, and the ones that do are frequently performed incorrectly.You are also subjected to a great variance in the officer’s understanding of the tests and his or her ability to competently administer...

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Who Is The Best DUI Attorney?

Are you the best DUI attorney? Often a prospective client will ask if I am the "best DUI attorney."  I always answer this question by saying that I am a damn good DUI attorney, but you should investigate me to determine if I am the best DUI attorney for you.  The most important decision you will make in your case is determining who will represent you.  Here are some things to help you find the best DUI attorney.How Much Of Your Practice Is Dedicated To DUI Defense?  DUI defense is a complex area of law involving forensic science, specialized knowledge...

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MADD and NHTSA Push For Expanded Use of Ignition Interlock Devices

Mothers Against Drunk Driving and their government partners at the National Highway Traffic Safety Administration want 2014 to be the year that all states expand the use of ignition interlock devices to include anyone convicted of a drunk driving offense.Currently, ignition interlock devices are used in all 50 states and the District of Columbia. However, states vary widely in how the ignition interlock devices are used and which drivers are required to install them. In West Virginia, for example, interlock devices are only ordered at a judge’s discretion while Michigan mandates their use for drivers who are found with a...

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Christmas DUI Blitz Along Rt. 4 Announced

The Ohio State Highway Patrol will be conducting a Christmas DUI enforcement action along Rt. 4 beginning this weekend.The OVI Task Forces of Clark County, Hamilton County, Butler County, Montgomery County, and the Ohio State Highway Patrol will conduct an Christmas DUI enforcement blitz along State Route 4 this Friday and Saturday.  In addition, the Ohio Investigative Unit will have agents working in the same area during the Christmas DUI blitz.  Other Task Force member departments that are not situated along SR-4 will also have extra officers working in their areas and searching for impaired drivers. Attorney Charles M. Rowland II dedicates...

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Drive Sober or Get Pulled Over Campaign Continues Until New Year’s Day

The days between Christmas and New Year's Day are targeted for DUI enforcement via the government's "Drive Sober or Get Pulled Over" campaign.  Law enforcement in Ohio every State and most U.S. towns and cities will be cracking down on drunk driving from December 13 through New Year's Day.  You can also expect a full media "Drive Sober or Get Pulled Over" blitz with the now familiar "they will see you before you see them" warnings.  [Editor's Note: Could there be a more tone deaf message in this age of government surveillance?]  Stay tuned to this blog and our Facebook,...

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Is Your DUI Attorney The Cleanest Pig In The Pen?

"Well, aren't you just the cleanest pig in the pen?"That was my father's reaction when I relayed to him what I considered to be a fine piece of attorney-ing.  I was a new lawyer assigned a high-profile home invasion robbery case.  The newspaper detailed that my client faced decades behind bars if convicted.After plea negotiations with the prosecuting attorney I was able to secure a plea to one felony count and an agreed sentence of "only" five years in prison.  I was proud of the work I'd done and felt that my client was lucky to have me.  I  also...

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Ohio’s Underage Drinking Law (Party Smart)

Ohio's Underage Drinking Law (also known as Underage Possession, Minor in Possession, Underage Consumption) prohibits anyone under the age of 21 from purchasing, possessing or consuming alcohol prior to your 21st birthday.  A violation of this law is a first degree misdemeanor which can subject you to a maximum six month jail sentence and a maximum $1,000 fine.Is this unfair? Yes Is this hypocritical? Yes Is this bad public policy? Yes Would I like to see it changed? YesYou may also violate Ohio's Underage Drinking Law by being the host.  A social host or home owner risks being fined and imprisoned when he/she...

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Drugged Driving: Roadside Saliva Tests

We have written about Ohio law enforcement's focus on drugged driving.  In particular, the Ohio State Highway Patrol has invested heavily in training officers in the Drug Recognition Expert protocol.  There are but a handful of police officers that after years of being on the road receive Drug Recognition Expert (DRE) training. Until recently, there were no approved portable roadside testers. This recently changed with Dräger offering into the market it’s newest device, the Dräger DrugTest ® 5000. It is a portable drug testing device that officers can use at roadside. It is based upon collecting oral fluid (mixed saliva)...

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