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Dayton DUI Attorney Charles Rowland > Posts tagged "Ohio" (Page 67)

Ohio OVI Law: State v. Kendall (cracked windshield)

Image via WikipediaState v. Kendall, 2010-Ohio-227, 2009-CA-0010 (OHCA5) In this case, the State of Ohio appeals the August 12, 2009 Judgment Entry of the Morrow County Municipal Court granting defendant-appellee Lawrence G. 's motion to suppress evidence.  The trial court granted the motion, ruling that a mere crack in the windshield did not justify a stop.  "Well that can't be right, " said the prosecutor; "we are justified in pulling someone over for window tint."  Off the parties went to the Fifth District Court of Appeals for the answer. They ruled, "O.A.C. 4501:2-1-11 is the administrative section for Motor Vehicle...

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Montgomery County OVI Checkpoint (4/21/12)

The Montgomery County OVI Task Force announced a checkpoint tonight in Clay Township along St. Rt. 49.  No time has been announced as of the writing of this blog post.  The checkpoint is being conducted by multiple agencies and is being coordinated by the Montgomery County DUI Task Force.  Be smart. Be responsible. Designate a sober driver. DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Dayton, Springfield, Kettering, Vandalia, Xenia,Miamisburg, Springboro, Huber Heights, Oakwood, Beavercreek, Centerville and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone...

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DUI Refusals and the Automatic License Suspension

According to Ohio Revised Code 4511.191, if probable cause exists to believe that you are operating a vehicle while impaired (commonly called a DUI) and you refuse to take a chemical test at the request of law enforcement, 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 court appearance which will be held within 5...

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Fighting for Fairness in DUI Law

As anyone who follows this blog regularly knows, I have a deep and abiding hatred for the 1984 Ohio Supreme Court decision in State vs. Vega (1984), 12 Ohio St.3d 185, 465 N.E.2d 1303.  Vega has come to stand for the proposition that an attorney may challenge the particulars of his client's evidential breath test, but the standards and practices of breath testing as determined by the Ohio Department of Health are sacrosanct and cannot be challenged in court.  In this commentator's opinion, the Vega ruling allows junk science to become conclusive evidence (example: Ohio's adherence to a one-breath-test...

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Standardized Field Sobriety Tests: What to Expect

Here is a VIDEO explanation of the Standardized Field Sobriety Tests from a live drinking session conducted by the Daytona Police Department.  Ohio DUI lawyer Charles M. Rowland has been certified in the administration and evaluation of the Standardized Field Sobriety Tests by attending the same National Highway Transportation Safety Administration class that is taken by law enforcement officers.  If you find yourself in need of an aggressive DUI attorney, contact Charles M. Rowland II at www.DaytonDUI.com, by calling 937-318-1DUI (318-1384) or 1-888-ROWLAND. ...

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Rowland Earns Forensic Sobriety Assessment Certification

This month, Charles M. Rowland II was re-certified as Ohio's only DUI attorney credentialed in Forensic Sobriety Assessment.  "FSA certification requires working knowledge of the scientific principles and research relating to sobriety testing in a DWI / DUI stop, including:The scientific literature on indications of intoxication such as red eyes and slurred speach NHTSA's Standardized Field Sobriety Tests (SFSTs) Testing concepts: Reliability and validity Diagnostic statistics: False positive rates, sensitivity, specificity, etc. Experimental design issues relevant to sobriety test studies Statistical concepts such as correlation, statistical significance, and effect size Visual science pertaining to the Horizontal Gaze Nystagmus (HGN) ...

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Springfield Ohio DUI Information

Image via WikipediaIf you have been arrested for OVI in Springfield, Ohio, your misdemeanor OVI case will be heard in the Clark County Municipal Court.   If you need to find information about a case in the Clark County  Municipal Court you can search HERE for case information/case look-up,  or visit the court’s web site HERE.Charles M. Rowland II has represented the accused drunk driver in Springfield and the Clark County Municipal Court for over fifteen years.  Charles Rowland dedicates his practice to...

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DUI and Your CDL (Commercial Drivers Beware)

Image via Wikipedia”But I was in my own car, on my own time!” If you have a commercial driver’s license an Ohio DUI charge can have devastating effects on your career.  Often clients who hold a commercial driver’s license fail to understand that Ohio’s OVI laws can affect your livelihood even if you receive a drunk driving charge while you are not operating a commercial vehicle.  If you plead guilty, or are found guilty, of an OVI (drunk driving) offense your commercial driver’s license will be taken away for one year.  If you are a second-time OVI offender, an Ohio OVI will...

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What Does a “Lanes of Travel” or “Marked Lanes” Charge Mean?

Image via WikipediaA marked lanes charge is often a companion charge to a DUI/OVI offense.  It is also a "cue" that the officer may look for based on his/her National Highway Transportation Safety Administration training. Many people believe that weaving, in and of itself, is both a crime and an indication of drunk driving.  This article will demonstrate the Ohio law on these matters as they are most frequently charged (marked lanes; lanes of travel).  Check your ticket and see if you have violated this law. Ohio Revised Code sec. 4511.25...

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Juvenile DUI in Ohio and the Learner’s Permit

My 15 year-old was caught drinking. How will this affect her ability to get her license? Ohio has adopted a very low alcohol level for persons under 21.  R.C. 4511.19(B) sets the BAC level at .02 percent but less than .08 percent (by weight of alcohol by whole blood or breath, or with an equivalent amount by blood serum or plasma or urine).  These quasi-zero tolerance levels are justified by the fact that this age group accounts for a "disproportionate share of alcohol-related accidents." See Ohio Driving Under the Influence Law, 2009-2010 ed., Weiler & Weiler, pp. 24-25.  Juveniles who test...

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