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Dayton DUI Attorney Charles Rowland > Posts tagged "ohio ovi" (Page 8)

Aggravated Vehicular Homicide, O.R.C. 2903.06

Aggravated Vehicular Homicide, O.R.C. 2903.06,  is a crime that results from the death of another caused by the defendant's operating a vehicle while impaired (a violation of R.C. 4511.19)  or while driving negligently or recklessly.  The statute  encompasses driving an automobile recklessly or negligently (called Vehicular homicide) whether or not alcohol played a part in the death.  Often, defendants are indicted for multiple counts, with additional counts for each victim of the accident.Under the reckless section of the statute you will be found guilty of a third degree felony which rises to a second degree felony if the driver is...

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Super Bowl DUI Patrols 2013

This weekend, more than 81 local law enforcement agencies around the state will be conducting more than 1,925 hours of enforcement activity and 1,100 hours of saturation patrols, funded by federal grants provided through OTSO.  The FBI compared saturation patrols vs. checkpoints in Ohio, Missouri and Tennessee.  The study showed that "Overall, measured in arrests per hour, a dedicated saturation patrol is the most effective method of apprehending offenders (Source: FBI Law Enforcement Bulletin, January 2003).  As this author has long argued, the saturation patrol is also more in keeping with American standards of justice than a checkpoint, as officers...

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The Problems With Portable Breath Tests (by DaytonDUI)

In possibly the best article you will ever read on portable breath testing, DUI attorneys Justin McShane and Josh Lee describe the portable breath test devises which are used by the Ohio State Highway Patrol as a "potentially dangerous, non-specific and non-selective measures at roadside."  You can find the article HERE and in the Voice for the Defense. The Problems of Fuel Cell Devices1.1. Lack of Specificity20 for EthanolAs PBTs are used for purportedly forensic purposes, their specificity for ethanol becomes a critical factor. The electrochemical detector is not specific for ethanol.21 Indeed, there is “much evidence to show” they are actually not...

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ALS Appeal: Refusal or Obstruction? (by Dayton DUI)

Often, our clients will tell us that they could not produce a sufficient sample for the requested chemical test.  "I kept trying, but I just could not blow long enough to satisfy the officer."  If they hope that this information will prevent the imposition of an Administrative License Suspension, they may be disappointed.  Ohio DUI law sets a high bar for overcoming the presumption that law enforcement was not at fault for your failure.The validity of a refusal based on physical incapacity to submit a sample requires a factual finding by the court in favor of the accused. Wilder v....

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Why Was I Charged With Two OVI Offenses?

There are two ways to be charged with OVI (drunk driving) in Ohio.  Often, both are charged for reasons that will be addressed shortly.  First, let's explore what the two charges mean."Per Se" Offenses:  per se is a latin phrase meaning "in itself."  It is also a legal term of art defined in Black's Law Dictionary as "taken alone...

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Arrested for OVI in Lebanon, Ohio?

Arrested for OVI in Lebanon, Ohio?The Lebanon Municipal Court is located at 50 South Broadway  in downtown Lebanon, across from the historic Golden Lamb restaurant.  The Lebanon Municipal Court serves the City of Lebanon and Turtlecreek Township.  The Court is open Monday through Friday from 8:00 a.m. to 4:00 p.m. and can be reached by phone at (513) 933-7210 or fax at (513) 933-7212.  If you are arrested for an OVI offense in Lebanon or Turtlecreek Township your case will be heard by the honorable Mark R. Bogen. Charles M. Rowland II regularly appears in the Lebanon Municipal Court and can help you with your...

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Arrested at Wright-Patterson AFB?

  WE CAN HELP IF YOU ARE ARRESTED ON BASE We have a former J.A.G. officer on staff to help with military DUI/OVI cases.  Located conveniently near Wright-Patterson Air Force Base, Charles M. Rowland II has successfully represented active-duty military, contractors, and civilian employees for over 15 years.  He knows how to deal with issues of deployment, security clearances, loss of rank, loss of on-base driving privileges and issues related to out-of-state licenses.  If you find yourself arrested for OVI in or near Wright-Patterson Air Force Base and you will be required to appear in the United State Federal Court or the...

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OVI Checkpoint in Clark County (Jan. 18, 2012)

There will be an OVI checkpoint in Clark County tonight!  The checkpoint will begin at 8:00 p.m. and will take place at 235 in Park Layne, Ohio.  The checkpoint will be accompanied by aggressive saturation patrols. If you want to receive updated information on sobriety checkpoints,  enhanced traffic enforcement, saturation patrols and other important developments that affect you, sign up for text alerts on the main page of this blog.  Text alerts will be sent directly to your mobile device/smartphone in the location you choose in the Miami Valley.  In the past month we have alerted our followers to the State Route 35 traffic...

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Ohio DUI Blood Testing: Hemolysis

As blood testing becomes a more favored form of evidential testing in Ohio, attorneys must become familiar with flaws in the testing protocol which may create detriments to their clients.  One such area for consideration is the way in which the blood specimen is handled from collection site to the property room to the Court.Most blood specimens are collected in Vacutainer tubes which contain pre-measured amounts of preservatives and anticoagulants.  Mixing the specimen and the contents of the tube must be done in a prescribed manner involving the gentle inversion of the tube eight to ten times.   The blood must...

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Top 10 Rules For Dealing With The Ohio BMV

Protecting Your Ohio Driver’s License After Your OVI Case Dealing with the Ohio Bureau of Motor Vehicles after an OVI case can be a nightmare. So, you will want to avoid problems before they rear their ugly heads. Don't worry! You can make this as painless as possible by following these simple rules.  We are here to serve you. Call us at 1-888-ROWLAND or (937)318-1DUI before a minor issues results in major problems. 1. Make sure the Ohio BMV knows how to reach you. The burden is upon you to notify them of any address change. Courts will accept their statement that...

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