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Dayton DUI Attorney Charles Rowland > Posts tagged "Ohio" (Page 70)

Ohio DUI & FBI Background Checks

The FBI maintains the National Crime Information Center (NCIC) which started in1967 with five files and 356,784 records. By the end of 2009, NCIC contained more than 15 million active records in 19 files. NCIC averages 7.5 million transactions per day. The intent of the NCIC is to be comprehensive in nature, through a cooperative network between local, state and federal law enforcement agencies. The Interstate Identification Index, which contains automated criminal history record information, is accessible through the same network as NCIC. Individual states have internal records that may indeed be forwarded along to the NCIC as...

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Military DUI: What Happens Now?

The consequences of an OVI while serving active duty in the military can be devastating: dishonorable discharge, rank reduction, pay deduction, loss of security clearance, fines and jail time and mandatory military counseling sessions and potential exclusion from some sensitive operations.  Military regulations often subject its members to enhanced Non-Judicial Punishment (NJP), which go above and beyond the punishments allowed by civilian law.  We are seeing more cases where the leadership is “cracking down” on drunk driving offenses and promising to end the career of personnel who are found guilty of an OVI offense.  This limits the ability of commanding...

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“POINTS” on your Ohio License

One of the most frequently asked questions to my staff involve the issue of POINTS on an Ohio driver's license.  "Points" under Ohio law are set forth at O.R.C. 4510.036(C).  The statute lists the following as 6-point violations:6 Point Violations -Aggravated Vehicular Homicide -Vehicular Homicide -Vehicular Manslaughter -Aggravated Vehicular Assault -Willful Fleeing and Eluding, -Failure to Stop and Disclose Identity at Accident -Street Racing -Driving Under Suspension -OVI (drunk driving) -Unauthorized Use of a Motor Vehicle -Any felony motor vehicle violation or any felony committed with motor vehicleFour Point Violations -Operation of a Vehicle After Underage Consumption -Operation in Willful or Wanton Disregard of Safety (a reckless operation offense) -Exceeding the Speed Limit by...

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DUI Law: Challenging a Forfeiture

Image by lovelypetal via FlickrFORFEITURE, WHAT IS THE LAW? If you are convicted of any of the following the State of Ohio can, pursuant to O.R.C. 4503.234,  order a forfeiture of your vehicle:a third OVI w/in 6 years (O.R.C. 4511.19(G)(1)(c)(v)); any felony OVI (O.R.C. 4511.19(G)(1)(d)(v) and 4522.29(G)(1)(e)(v)); a third offense of driving under suspension (O.R.C. 4510.11(C)(4)); a third offense of driving under an OVI suspension (O.R.C. 4510.14(B)(3)(d)); a third of subsequent offense w/in 5 years of driving under an FRA suspension (O.R.C. 4510.16(B)(2)); a third or subsequent wrongful entrustment (O.R.C. 4511.203(C)(3)); operating or permitting the operation of a vehicle in violation of an immobilization order  (O.R.C....

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Springfield Ohio OVI Checkpoint Canceled

Image via WikipediaPlans for an OVI checkpoint tonight in Springfield, Clark County, Ohio have been canceled due to the inclement weather.  The cancellation was announced in today's edition of the Springfield News Sun.  A new date for the checkpoint has not been announced. If you need help this weekend please contact Springfield DUI attorney Charles M. Rowland II at (937)318-1DUI or on the 24/7 DUI Hotline at (937)776-2671.  Follow checkpoint developments in Clark County, Ohio by signing up for text alerts at www.DaytonDUI.com/blog, or you can text DaytonDUI (one word) to 50500. Related articlesSpringfield Receives Grant for Increased OVI...

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Ohio Death Penalty: The Time Has Come

"An Ohio Supreme Court justice who helped write the state's death penalty law three decades ago and has more recently questioned its interpretation called Tuesday for an end to capital punishment in the state." (SOURCE)Justice Paul Pfeifer, the judge some call the father of Ohio's death penalty, has come out against the State's imposition of death.  He goes on to call for Ohio governors to commute the sentence of those currently on death row to that of life without the possibility of parole. Ohio has 157 men and one woman on death row. Of those, 43 were...

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Ohio DUI Blog Selected for Inclusion in ABA Journal

Charles Rowland's Ohio DUI/OVI Blog has been selected for inclusion in the prestigious American Bar Association Journal.  "This honor is particularly appreciated because it represents recognition of all the hard work I have put into the blog" says attorney and author Charles M. Rowland II.  The blog will be included in these Blawg Related Categories: Criminal Justice • Trials & Litigation • Evidence • States • Ohio •Solo / Small Firm.The ABA Journal has partnered with Justia.com, the leading legal information portal, to create a search engine covering all of the 3,000 blogs in their directory -- including the OHIO DUI/OVI BLOG. It's like Google for...

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Dayton DUI Law: Explaining Error Messages and Their Importance

Ohio utilizes the BAC DataMaster breath test machine to measure the blood alcohol content of a suspect arrested for driving under the influence. The BAC DataMaster is a product of National Patent Analytical Systems, Inc. (NPAS) located in Mansfield, Ohio.  National Patent Analytical Systems has certified Charles Rowland in the operation, diagnostic verification and calibration of the BAC DataMaster Breath Alcohol Testing Instrument, the most commonly used breath testing instrument in Ohio for DUI arrests.  The BAC DataMaster breath test device requires regular maintenance, and a proper environment for testing administration. The BAC DataMaster is part computer, and uses an LED display. If...

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Happy Holidays from Dayton DUI

Image via WikipediaHappy holidays to Ohio’s fine Prosecuting Attorneys.  Every day they fight for justice and use the enormous power that they are given in a prudent and judicious manner.  Happy holidays to Ohio’s judges, who are the very embodiment of our evolving and ever-changing system of laws, norms and morals.  Most of all, happy holidays to Ohio’s law enforcement community.  They put their lives on the line so that all of us can enjoy our freedoms.  One cannot imagine the chaos and suffering that would be wrought were it not for these fine men and women.  As we open our gifts...

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State v. Vega, shackling Ohioans for over 25 years!

State v. Vega shackles Ohioians  The following post is from a respected national DUI attorney, Lawrence Taylor,  a man I respect.  Here he lays out the best and most damning argument against Ohio's decision to prevent defendant's from challenging the breath test machine.  The decision he is criticizing is State v. Vega.  It is the position of this blog that this decision is badly decided and should be overturned. Posted by Lawrence Taylor on December 4th, 2008I received a lot of email from readers who think there was some misunderstanding at the end of my last post, that it could not possibly...

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