18 May

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Ohio State Highway Patrol Announces “All Out” Initiative

May 18th is "All Out" Day for the Ohio State Highway Patrol The Ohio State Highway Patrol will be conducting an “All Out Day” on May 18, in which all sworn officers from all ranks will be patrolling Ohio roads in an effort to reduce fatal and injury crashes. The initiative, which serves as a high visibility enforcement effort, is not only a deterrent for crash causing violations, but also calls attention to dangerous driving behaviors. Troopers warn Ohio motorists that, "with the onset of warm weather and an increase in fatalities, it is more important than ever to make sure motorists are...

10 December

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Consequences of a Fake ID

Posted by Dayton DUI

in DUI Law, DUI Process, Ohio Criminal Law

Fake IDs Have Real ConsequencesIf you are under the age of 21 years of age and you either (a) use someone else's identification to buy alcohol, or (b) alter your identification to purchase alcohol, you will find yourself facing a multiplicity of consequences. O.R.C. 4510.33 carries a one year license suspension. You will be required to retake the driver's license examination if the license is altered. You will also be required to pay a reinstatement fee to the Ohio Bureau of Motor Vehicles. You can file an appeal within 20 days of the mailing of the notice in the municipal or...

07 November

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Automatic License Suspension – Testing Over the Limit

Posted by Dayton DUI

in DUI Law, DUI Process

According to Ohio Revised Code 4511.191, if you are arrested on suspicion that you are operating a vehicle while impaired (commonly called a DUI) and you take a chemical test which produces a result which is over the per se limit as set by the Ohio Department of Health, your license will be suspended immediately. Depending on previous offenses or refusals, you can have your license suspended for a period of 1 year to 5 years. After a second offense your vehicle may also be immobilized.You, or your attorney, can appeal the automatic license suspension (O.R.C. 4511.197) at the initial...

01 November

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Underage Consumption in Ohio

Posted by Dayton DUI

in Uncategorized

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...

31 August

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Driving Under the Influence of Drugs in Ohio

Posted by Dayton DUI

in Drugs & Alcohol, DUI Process

Ohio Revised Code 4511.19(A)(1)(j) prohibits the operation of a motor vehicle under the influence of a controlled substance, specifically if your blood or urine contains a statutorily specified concentration of: amphetamine, cocaine, cocaine metabolite, heroin, heroin metabolite (6-monoacetyl morphine), L.S.D., marijuana, marijuana metabolite, methamphetamine, phencyclidine, salvia divinorum, or salvinorin A. Dayton DUI Attorney Charles M. Rowland II dedicates himself to the defense of the accused drunk driver. He has attended the latest forensic science seminar of the National College for DUI Defense and is the only Ohio OVI attorney to have earned certification in Forensic Sobriety Assessment. If you need an...

18 August

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Classes of License Suspensions in Ohio

Posted by Dayton DUI

in DUI Law, DUI Process

How Long Will My Suspension Last? Ohio has devised a "CLASS" suspension system setting forth the lengths of time a person can be without a license. The classifications can be found at R.C. 4510.02 (A) (Court Suspensions; denoted by numbers) and R.C. 4510.02(B)(BMV Suspensions; denoted by letters). It is advisable that you speak with your attorney as many courts offer programs (at little or no cost) that help you get valid. Below are the lengths of the various suspensions as set forth in the Ohio Revised Code:COURT SUSPENSIONSClass 1: Lifetime Class 2: 3yrs to life Class 3: 2 - 10yrs Class 4: 1 -...

27 July

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Bill of Particulars

Posted by Dayton DUI

in Uncategorized

Sometimes it is unclear what conduct a prosecutor is alleging against someone that causes the action to be criminal. If this is the case, a defendant is entitled to a BILL OF PARTICULARS. Under Criminal Rule 7(E), a prosecutor must set forth the nature of the offense and the alleged conduct of the defendant which constitutes the charge. The right to a Bill of Particulars is legislatively set forth at R.C. 1905.05(A). A criminal defense attorney must make a written request for a Bill of Particulars within twenty-one (21) days after the arraignment and no later than seven (7) days...

22 July

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Limited Driving Privileges

Posted by Dayton DUI

in DUI Law

The Limits on Limited Driving PrivilegesRevised Code 4510.021 authorizes courts to grant "limited driving privileges." The Ohio General Assembly has taken steps to restrict when a court can grant privileges. A court cannot grant you driving privileges under the following circumstances: (1) If you have been charged with an OVI or OVUAC the legislature has enacted "hard-time" during which the court cannot grant you privileges. In effect, they are acting to restrict a court from conforming with the American principle that you are innocent until proven guilty. This author has taken the position that the ability to drive is a right...

12 July

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Off-Road & Private Property Reckless Operation

Posted by Dayton DUI

in DUI Law

If you operate a vehicle in willful or wanton disregard of the safety of persons or property on private property, you may be charged with a violation of Ohio's off-road reckless operation statute. Ohio Revised Code 4511.201 reads, in pertinent part,Ohio Code 4511.201 - Operation off street or highway 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 public or private property other than streets or highways, in willful or wanton disregard of the safety of persons or property.This section does not apply to the...

08 July

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Assured Clear Distance, R.C. 4511.21(A)

Posted by Dayton DUI

in DUI Law

Ohio Revised Code 4511.21(A), Assured Clear Distance, is a law requiring that you drive your vehicle in such a way as to be able to bring you car to a stop to avoid an accident. As a driver, you are required to take into consideration, night driving, weather conditions, hills, curves, turns and poor lighting. If you are driving your car and a car is traveling or stopped in front of you heading in the same direction and in the same path or lane of travel as you, you must be able to bring your car to a stop to...

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