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Dayton DUI Attorney Charles Rowland > Posts tagged "Ohio" (Page 66)

The Role of the Prosecutor

In Berger v. United States, 295 U.S. 78 (1935), the United States Supreme Court set forth the unique role of a prosecuting attorney in our system of justice. The [prosecutor] is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all, and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, he is in a peculiar and very definite sense...

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Horizontal Gaze Nystagmus; terms at a glance

Image via WikipediaDayton DUI Attorney Charles M. Rowland is the only attorney in Ohio to hold certification in Forensic Sobriety Assessment and he has been trained in the administration and evaluation of the Standardized Field Sobriety Tests in the same methods that law enforcement officers are trained to use.  Because of this training he is qualified to challenge the administration of the Horizontal Gaze Nystagmus (HGN) test at a motion to suppress hearing or at your DUI trial.  The HGN is a test of your eyes wherein the testing officer is looking for abnormal movements call saccades. ...

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Getting Lucky During Plea Negotiations

Is there an amulet that will help you get better deals in plea negotiations?According to The Good Luck Book, by Bill Harris,  Beryl is your best bet if you are soon to be engaged in a negotiation with a unscrupulous or conniving individual.  Wearing or carrying a piece of beryl will help you be mannerly and congenial and gain the understanding of your opponent.  Holding the piece of beryl in your hand and concentrating on your desired outcome seems to do the trick.  The history behind using beryl dates back to fifth century Ireland where spheres of beryl...

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Standardized Field Sobriety Tests

The Standardized Field Sobriety Test (SFST) is a battery of three tests administered and evaluated in a standardized manner to obtain validated indicators of impairment and establish probable cause for arrest. These tests were developed as a result of research sponsored by the National Highway Traffic Safety Administration (NHTSA) and conducted by the Southern California Research Institute. A formal program of training was developed and is available through NHTSA to help law enforcement officers become more skillful at detecting DWI suspects, describing the behavior of these suspects, and presenting effective testimony in court....

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Why Allowing Junk Science in the Courtroom is Hurting Our System

When you hear a DUI/OVI attorney decrying "junk science" that is used in court, they are most likely referring to the fact that the air blown into the breath test machine for purposes of testing cannot be the same air that is exchanged with the deep lung alveolar sacs. It is impossible to limit the breath test to limit itself to deep lung alveolar air. The theory breaks down because: IF THE MAJORITY OF AIR BEING MEASURED HAS NOTHING TO DO WITH THE BLOOD EXCHANGE THEN THE TEST IS NOT MEASURING...

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Beavercreek/Fairborn DUI Checkpoint Tonight (5/6/11)

The Ohio State Highway Patrol has announced plans for a DUI sobriety checkpoint tonight in Greene County.  The checkpoint will be held at Col. Glenn Highway at Zink Road and will run from 8pm to 12am.  We will update this post with details as they become available.Additional sobriety checkpoints are planned for Median and Washington Counties.   If you find yourself in need of an OVI attorney in Beavercreek or Fairborn, CONTACT Charles M. Rowland at 937-318-1DUI (318-1384), 1-888-ROWLAND (222-769-5263) or by texting DaytonDUI (one word) to 50500.   "All I do is DUI defense."  Related articlesFairborn Municipal Court; contact...

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Reasonable & Articulable Suspicion

One of the major decision points in the OVI arrest process is the officer’s decision to remove a suspect from his or her car and conduct standardized field sobriety testing.  The officer is trained to arrive at this “decision point” by conducting an interview and using specific “pre-exit interview techniques” which include asking for two things simultaneously; asking interrupting or distracting questions; and asking unusual questions. (NHTSA Student Manual VI-4).  Additional techniques which an officer may employ include and Alphabet test (begin with E and end with P); a Countdown test (count out loud backward starting with 68 and ending...

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Why MADD Should Oppose Red-Light and Speed Cameras

Why do we enforce laws?  Is it to deter crime and make our communities safer, or do we enforce laws to increase our city coffers?  This question is playing itself out throughout the United States as many cities are installing speed and red-light cameras.  Locally, the city of Springfield, Ohio has a long-standing photo enforcement program and Dayton is planning to install cameras in the downtown area.  Studies suggest that the cameras may actually increase collisions, but the revenue is hard to turn down.I recently came across an article from NOLA.com warning motorists of increased traffic stops in and around...

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I Did Not Refuse!

If you were tested on an Intoxilyzer 5000 breath test machine, the source-code (software inside the machine) may have been rigged against you.  One of the most dramatic happenings in the science of a DUI has been the developments of the source-code battle taking place in Minnesota.  Ohio has recently rejected the Ohio-made BAC DataMaster in favor of the Intoxilyzer breath test machine (often referred to as the Intoxi-LIAR) so we can soon expect similar science-based battles in the Buckey State.Chuck Ramsay, a DWI attorney in Minnesota has been litigating the reliability of the Intoxilyzer 5000 for several years.  Recently...

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