31 January

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Ohio Controlled Substances Act, Drug Schedules

If you get arrested for possession of a controlled substance, it feels like your world is falling apart. If you are unfamiliar with the judicial system you are likely scared to death and wondering what will happen. The first and most important decision you can make at this point is to hire an experienced and competent defender. Charles M. Rowland II will file a motion to suppress, aggressively prepare for trial and present your best case to the prosecutor. Preparation leads to better results including dismissal, a reduction in your charge, treatments in lieu of conviction, or an acquittal at...

27 January

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Intoxilyzer 8000 Is Unreliable!

Posted by Dayton DUI

in DUI Law, DUI Process

Today, in State v. Heather Reid, Case No. TRC 1100716 in the Circleville Municipal Court, Judge Gary Dumm has ruled that "The State of Ohio cannot expect this Court to find the Intoxilyzer 8000 reliable when the State refuses to address known problems and explain why those problems can be ignored."The Court calls for independent laboratory testing to address the issues raised by the adoption of the Intoxilyzer 8000: RFI, sample size of the chamber, volume of the sample tested, possible operator manipulation of the results, possible CMI modifications of the software without the knowledge of ODH and slope detector...

25 January

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Clark County Prosecutor Sets Up Diversion Program

Posted by Dayton DUI

in Ohio Counties, Ohio Criminal Law

Last week the Clark County Prosecutor's Office sent out a letter detailing a new diversion program. The announced "goal of the program is to promote the efficiency within the Clark County Common Pleas Court while allowing lower level felony offenders an opportunity to avoid the handicap of a life altering felony conviction." The new diversion program is modeled on established programs in Franklin and Montgomery Counties. The letter indicates that approximately 50 people a year will be permitted to take advantage of the diversion program. The program coordinator is Sandee Selner and the Assistant Prosecuting Attorney Greg Morris has been...

23 January

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Big 4th Amendment Win In The United State Supreme Court

Posted by Dayton DUI

in DUI Law, Ohio Criminal Law

Today the Supreme Court of the United States unanimously held that attaching a GPS device to a vehicle and using that GPS device to monitor the movements of the vehicle constitutes a "search" under the Fourth Amendment. Read the decision in United States v. Jones, here. This decision was one of the most anticipated cases in this Supreme Court term and had many civil liberties proponents holding their breath. Associate Justice Antonin Scalia said that the government’s installation of a GPS device, and its use to monitor the vehicle’s movements, constitutes a search, meaning that a warrant is required. “By...

18 January

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Are We Living In The Good ‘Ole Days?

Posted by Dayton DUI

in Ohio Criminal Law

Reduced Crime Rates Recall Golden Era For the past twenty years the United States has been living through a phenomenon. In a recent Washington Post editorial, Chales Lane wrote, Between 1991 and 2010, the homicide rate in the United States fell 51 percent, from 9.8 per 100,000 residents to 4.8 per 100,000. Property crimes such as burglary also fell sharply during that period; auto theft, once the bane of urban life, dropped an astonishing 64 percent. And FBI data released Dec. 19 show that the trends continued in the first half of 2011. With luck, the United States could soon equal its...

09 January

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Rowland Named a Fellow to the American Bar Foundation

Posted by Dayton DUI

in Uncategorized

Charles M. Rowland II of Fairborn, Ohio has been selected to be a Fellow to the American Bar Foundation. The Fellows is an honorary organization of attorneys, judges, law faculty, and legal scholars who have been elected by their peers to become members of The Fellows. They have demonstrated outstanding achievements and dedication to the welfare of their communities and to the highest principles of the legal profession. The Fellows support the research work of the American Bar Foundation through their annual contributions and sponsor seminars and events of direct relevance to leaders of the legal profession.Established in 1955,...

03 January

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New Year’s Eve By The Numbers

Posted by Dayton DUI

in Ohio Cities

According to this storyin the Dayton Daily News, New Year's Eve was safe. "There were relatively few OVI arrests, and the Dayton Daily News had received no reports of traffic fatalities directly attributed to drunken driving Saturday night as of Sunday afternoon." The most active State Highway Patrol Post was Montgomery County which made seven OVI arrests over the weekend. Miami County OSP made three arrests, Warren County OSP made one and Greene County made no OVI arrests over the New Year's Eve weekend. "Police departments from Beavercreek to Vandalia and down through Franklin also reported an uneventful New Year’s...

30 December

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Kettering DUI Sting Set For Tonight (Dec. 30th)

Posted by Dayton DUI

in Ohio Cities

Tonight from 8pm until 3am, the Kettering Police Department will be conducting an enhanced enforcement event. The "sting" will target DUI offenders and will be similar to the previous efforts. As reported in the Dayton Daily News,"the Task Force chose tonight rather than Saturday night for enforcement because, in recent years, there have been fewer drivers on New Year’s Eve." Expect extra patrols and saturation patrols looking for signs of impaired driving.DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro, Huber Heights, Oakwood, Beavercreek, Centerville...

29 December

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DUI Patrols To Increase For New Year

Posted by Dayton DUI

in Announcements

Today the Ohio State Highway Patrol issued a statement on its web site announcing its "Drive Sober or Get Pulled Over" efforts will be stepped up throughout the New Year Holiday. The statement reads, "[w]ith the upcoming New Year’s Holiday, the Patrol is urging motorists to not get behind the wheel impaired. During last year’s holiday reporting period of Midnight on December 30, 2010, through 11:59 p.m. on January 2, 2011 – 10 people lost their lives on Ohio’s roadways, with 70 percent of these deaths involving an impaired driver."DUI attorney Charles M. Rowland II dedicates his practice to defending...

15 October

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Montgomery County Courts (An Overview)

Posted by Dayton DUI

in Ohio Cities, Ohio Counties

If you are arrested for DUI in Montgomery County, Ohio, your case will be heard in one of the courts below. Montgomery County Court of Common Pleas. This court hears all felony level cases including aggravated vehicular homicide, aggravated vehicular assault and felony-enhanced DUI offenses. The Court is located in the Montgomery County Courts Building at 41 N. Perry Street in downtown Dayton. The Judges who serve the Montgomery County Court of Common Please are: Dennis Adkins, Steven Dankof, Barbara P. Gorman (Administrative and Presiding Judge), Mary Katherine Huffman, Dennis J. Langer, Frances E. McGee, Timothy N. O’Connell, Connie S. Price, Gregory F. Singer, Michael L. Tucker, and Mary Wiseman. You can contact the...

operating a vehicle impaired Tag

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