a

Facebook

Twitter

Copyright 2019 Dayton DUI.
All Rights Reserved.

9:00 - 17:00

Our Opening Hours Mon. - Fri.

Facebook

Twitter

Search
OVI Menu
 

Ohio Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "Ohio" (Page 17)

Court’s Find A Way To Protect Intoxilyzer 8000

Ohio Courts are slowly fixing the Intoxilyzer 8000 implementation issues and (surprise!) they are not resolving the issues in favor of the accused.In State v. McMahon, 2013-Ohio-2557, the implementation of the Intoxilyzer 8000 was challenged due to confusion in the Ohio Administrative Code sections dealing with "operators."  It was alleged that the Ohio Department of Health failed to establish qualifications for issuing permits for Intoxilyzer 8000 operators as required by R.C. 4511.19 and 3701.143.  The court ruled that R.C. 3701.143 authorizes the director of health to issue permits to breath-alcohol machine operators, and we found the ODH’s position that an...

Continue reading

Physical Control of a Vehicle While Intoxicated (O.R.C. 4511.194)

Physical Control of a Vehicle While Intoxicated (O.R.C. 4511.194) is the offense of being intoxicated while in physical control of a car, but not having caused the vehicle to move.  If you are under the influence and the prosecutor can prove that you “operated” your car and were not simply in “physical control” of your car, you may face a charge of OVI/DUI (drunk driving).  Thus the legal analysis will turn on whether on the prosecutor can prove you "operated" your car.  “Operation” includes causing or having caused a vehicle (such as a car, truck, RV, bicycle or motorcycle) to move....

Continue reading

Ohio’s Revised Booster Seat Law

If you have a child, you need to comply with Ohio's Booster Seat Law.As of Oct. 7, 2009, Ohio’s Booster Seat Law requires all children to use belt-positioning booster seats once they outgrow their child safety seats (usually at 4 years old and 40 pounds) until they are 8 years old, unless they are at least 4 feet, 9 inches (57 inches) tall.Ohio’s revised child restraint law requires the following:Children less than 4 years old or 40 pounds must use a child safety seat. Children less than 8 years old, unless they are at least 4 feet, 9 inches tall must use...

Continue reading

Clinton County OVI Attorney Charles Rowland

If you face a Clinton County OVI charge, check out the Clinton County OVI section of our blog or visit www.WilmingtonDUI.com.  WilmingtonDUI.com was developed to provide practical information regarding Wilmington and Clinton County‘s tough drunk driving law. Here you will find information on OVI law in the Clinton County Municipal Court and the Clinton County Common Pleas Court. If you find yourself accused of a crime contact Charles M. Rowland II at the number provided above or on the after hours DUI HOTLINE 937-776-2671. If you’ve been charged with a Clinton County OVI, it’s important that you consult an attorney immediately before you lose your rights! Charles M. Rowland II...

Continue reading

Child Endangerment and DUI Laws In Ohio

There is an intersection between the child endangerment and DUI laws in Ohio.  Child endangerment is an act or omission that exposes a child to psychological, emotional or physical abuse. Child abuse based on the offense of child endangerment is normally a misdemeanor, but endangerment that results in mental illness or serious physical illness or injury is a felony. See abused child, neglected child.  Child endangerment and DUI laws are implicated when a person drives drunk with a child in the car.Ohio Revised Code 2919.22(C)(1) addresses the child endangerment and DUI laws as follows, (C) (1) No person shall operate a vehicle,...

Continue reading

Thanksgiving OVI Checkpoints in the Miami Valley

There will be multiple Thanksgiving OVI checkpoints tonight throughout the Miami Valley. Stay tuned to this post and to our Facebook page as it will be continuously updated throughout the day. Get a warning before the next Thanksgiving OVI checkpoint with our text alerts.  Here is what we have so far: Montgomery County: The Montgomery County Sheriff's Office and the county's OVI Task Force will conduct an OVI sobriety checkpoint Wednesday night in the area of 7031 N. Main St. in Harrison Township in front of the Beth Jacob Synagogue Area...

Continue reading

The Kettering DUI Law Firm of Charles M. Rowland II

The Kettering DUI law firm of Babb & Rowland  has proudly represented the accused drunk driver in the Kettering Municipal Court since 1995.  You can find us on the web at www.KetteringDUI.com, www.KetteringOVI.com, and www.MoraineDUI.com.  According to AVVO, Charles M. Rowland II is the only Superb 10/10 rated attorney who devotes 100% of his practice to DUI defense in Kettering.  He has also been featured in Car & Driver and Time Magazine for excellence in the field of DUI defense.  Kettering DUI?  If you have been arrested for OVI inCenterville, Kettering, Moraine or Washington Township, your misdemeanor OVI case will be heard in the Kettering Municipal Court.  If you need to...

Continue reading

Case Law Update: OVI Urine Sample

Under Ohio law, an OVI urine sample must be refrigerated while not in transit or under examination.  In State v. Schneider, 2013-Ohio-4789, the First District Court of Appeals was asked to define what "in transit" means.At the suppression hearing, defense counsel argued that the state had failed to establish that the OVI urine sample had been refrigerated while it was not under examination or in transit as required by Ohio Adm.Code 3701-53-05(F). Defense counsel pointed to the evidence that the trooper had not refrigerated the specimen between its collection at 3:15 a.m., and its mailing at 10:00 p.m., a period of 18...

Continue reading

Huber Heights DUI Charge? Learn More Here

Huber Heights DUI Attorney Charles M. Rowland II has represented clients in the Montgomery County Municipal Court (Eastern Division) since 1995.  He limits his practice to DUI defense and stays on the cutting edge of DUI science and the tactics necessary to defend your case.  Contact Huber Heights DUI Attorney Charles M. Rowland II at (937) 318-1384 or 888-ROWLAND.  Here is some important information about the Montgomery County Municipal Court (Eastern Division).  If you have a Huber Heights DUI charge, your case will be heard in the Montgomery County Municipal Court (Eastern Division).  Many refer to Area II as the Huber Heights Municipal Court, but the court’s jurisdiction is larger,...

Continue reading

There’s A New Standardized Field Sobriety Tests “Guide”

Standardized 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.NHTSA has developed a new "GUIDE" in assessing Standardized Field Sobriety Tests.  The new (March, 2013) version focuses more on having law enforcement recognize and administer tests to determine impaired driving by substances other than alcohol.  No new scientific studies...

Continue reading