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Dayton DUI Attorney Charles Rowland > Posts tagged "Ohio" (Page 64)

DUI Defense in McArthur and Vinton County, Ohio

What is your connection to Vinton County? When I was a child we would visit my grandparents  in McArthur and family in Hamden and throughout Vinton County almost every other weekend.  My family still resides in Vinton County and I still visit regularly.  It is the place we call "down home." I offer my services to people who find themselves accused of a DUI (now called OVI) in and around Vinton County.  Listed below is information on the Vinton County Court and other interesting links.  To find out more about me, please visit the "About Me" section of this blog, or...

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Off-Road & Private Property Reckless Operation

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...

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The 20 Year Look-back Provisions of Ohio DUI Law

If you accumulate a sixth or greater DUI/OVI offense within a twenty year look-back period, you can be charged with a fourth degree felony. R.C. 4511.19(G)(1)(d).  Another harsh provision under Ohio law is the “once a felony, always a felony” rule contained in R.C. 4511.19(G)(1)(e), meaning that any future DUI regardless of how many years have passed is charged as a third-degree felony.  This means that if you have many years of sobriety in between DUI convictions, you still face a felony rather than having your case treated as a first-in-six misdemeanor offense.DUI defense attorneys have challenged the constitutionality of...

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Juvenile DUI Addressed in Ohio Supreme Court

The issue the Ohio Supreme Court addresses in State v. Adkins, 2011-Ohio-3141  is whether a pre-January 1, 1996 juvenile adjudication can be considered one of the five prior similar offenses necessary to enhance an R.C. 4511.19(A)(1)(a) charge for operating a motor vehicle while under the influence of alcohol (“OVI”). Under R.C. 4511.19(G)(1)(d), an OVI is a fourth-degree felony if the defendant has been convicted of or pleaded guilty to five OVIs in 20 years.  Effective January 1, 1996, the Ohio legislature passed a new law making a prior juvenile adjudication constitutes a prior conviction for purposes of R.C. 4511.19(G)(1)(d).PROCEDURAL HISTORYOn...

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Clark County OVI Checkpoint: July 1, 2011

Sobriety Checkpoint in EnonThe Clark County OVI Task Force announced it will conduct a sobriety checkpoint today as part of its “July 4 Holiday Crackdown.” The checkpoint will be at 10 p.m. on East Main Street in Enon.  The roadblock is set to augment increased DUI saturation patrols across Clark County and state-wide. Springfield  DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver.  He has the credentials and the experience to win your case and has made himself Clark County's choice for DUI defense.  Contact Charles Rowland by phone...

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Intoxilyzer 8000 Can Be Challenged In Court

An Athens County judge's ruling in an OVI case has opened the door for defense attorneys to challenge the Intoxilyzer 8000 in court and may signal the death of a controversial 1984 Supreme Court decision which ruled that the machines were not open to challenges from accused defendants.  Judge William A. Grim found that while the Intoxilyzer's results do meet the minimum standard for admissibility, defense attorneys should be allowed, on a case-by-case basis, to use expert witnesses to attack the results.  Judge Grim also found reason to suspect that radio interference from cellphones can skew...

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July 4th OVI Checkpoints in Clark and Montgomery County

Today, the Ohio State Highway Patrol announced that OVI checkpoints will be held in Clark County and Montgomery County over the 4th of July holiday.  We will keep you informed of times and locations as this information becomes available.  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...

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MADD Gets Alcohol Detection System Introduced in Congress

Heath Shuler, a U.S. representative, recently introduced MADD's newest legislation touted as an end to drunk driving.  The legislation is known as the Research of Alcohol Detection Systems for Stopping Alcohol-related Fatalities Everywhere, or ROADS SAFE, and would require that the technology be installed in every vehicle. The legislation would use a $12 million fund that was set up by the National Highway Traffic Safety Administration to pay for the technology, which would disable a vehicle from starting if a driver is found to have a blood-alcohol content over 0.08 percent.  The legislation is currently being reviewed by the House...

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Texting While Driving Is Illegal in Ohio

With the passage of H.B. 99, Ohio has joined other states in banning receiving or transmitting text messages while driving. The bill prohibits a person from driving a motor vehicle, trackless trolley, or streetcar on any street, highway, or property open to the public for vehicular traffic while using an electronic wireless communications device to write, send, or read a text-based communication. R.C. 4511.204(A)The bill defines ʺelectronic wireless communications deviceʺ to include a wireless telephone, text‐messaging device, personal digital assistant, computer, or any other substantially similar wireless device that is designed or used to communicate text. R.C. 4511.204(D)(1)  ʺWrite, send,...

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Urine Tests Produce Too Many False Positives

The EtG test is a biomarker test that detects the presence of ethyl glucuronide in urine samples. Usually, it is used to monitor alcohol consumption in individuals who are legally prohibited from drinking alcohol by the justice system or restricted from drinking by their employers. (Source)  The EtG urine alcohol test has come under criticism because it is so sensitive that "it can give positive results for merely coming in contact with common household products that contain alcohol, such as aftershave and mouthwash." The Role of Biomarkers in the Treatment of...

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