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operating a vehicle while impaired Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "operating a vehicle while impaired"

Fairborn DUI Law: How To Find Case Information In The Fairborn Municipal Court

If you have been arrested for OVI in Fairborn, Bath Township, Beavercreek or Beavercreek Township, your misdemeanor OVI case will be heard in the Fairborn Municipal Court.  If you need to find information about a case in the Fairborn Municipal Court you can search HERE for case information or visit the court's web site HERE.  Charles M. Rowland II has represented the accused drunk driver in the Fairborn Municipal Court for over fifteen years.  Charles Rowland dedicates his practice to OVI law and has some of the most impressive credentials for OVI attorneys in the state of Ohio.  If you find...

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Extra Patrols In Montgomery County Throughout New Year Holiday

The Ohio State Highway Patrol has announced that it is doubling its forces on Saturday to combat drunk drivers during the New Year's Eve holiday.  According to WDTN,  [see here] Troopers will be focusing on areas like Harrison Township, Butler Township and the Dayton Mall area.  Not coincidently, these areas are the areas frequently targeted for checkpoint enforcement.  No announcements of OVI checkpoints have been made.  Other announcements from the Ohio State Highway Patrol have indicated that 80 Ohio jurisdictions are participating in the "Drive Sober or Get Pulled Over" campaign and will have extra patrols throughout the New Year...

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Scientific Defenses to an OVI: The GERD Defense

The National Center for Health Statistics estimates that acid reflux (called gastroesophageal reflux) and the more serious Gastroesophageal Reflux Disease (hereinafter GERD) affect more than 90 million people at least one time per month and about 25 million people experience serious GERD problems daily. "  GERD is usually caused by changes in the barrier between the stomach and the esophagus, including abnormal relaxation of the lower esophageal sphincter, which normally holds the top of the stomach closed; impaired expulsion of gastric reflux from the esophagus, or a hiatal hernia. These changes may be permanent or temporary ("transient"). [cite]Although about 10...

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Challenging the Standardized Field Sobriety Tests

Did the Officer Conduct A Pre-Test Medical Check?  Prior to the administration of the Horizontal Gaze Nystagmus (HGN) test, an officer is required to examine a subject's eyes to assess for possible medical impairment. (NHTSA Student Manual, 2006 ed. VIII-5)   The examining officer should look atPupil size; Resting Nystagmus; Tracking AbilityIf any of these are present they should be noted and the test should be aborted.Resting Nystagmus is "referred to as a jerking of the eyes as they look straight ahead.  (NHTSA Student Manual, 2006 ed., VIII-4)  Officers are trained that if they see resting nystagmus "[i]ts presence usually indicates a...

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Aggravated Vehicular Assault and Vehicular Assault; R.C. 2903.08

 When someone is seriously injured in an accident that involves alcohol, it is a tragedy.  Charles M. Rowland II represents people charged with felony OVI offenses like Aggravated Vehicular Assault and Aggravated Vehicular Homicide throughout the State of Ohio.  You need someone who knows the science and is talented enough to assemble a team to win your case. "WIN THE SCIENCE/WIN THE LAW/WIN YOUR CASE!"  Below is the Ohio Revised Code Chapter defining the offense of Aggravated Vehicular Assault.  If you need an experienced DUI attorney to represent you, CONTACT CHARLES M. ROWLAND II today at 937-318-1DUI (318-1384), 1-888-ROWLAND (888-769-5263) 2903.08...

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Ohio DUI Law: Random Plate Checks

A driver has no reasonable expectation of privacy in a license plate number since it must be openly displayed under O.R.C. 4503.21.  In State v. Bates, 1987 WL 15817 (Ohio Ct. App. 9th Dist. Medina County) (1987), the 9th District Court of Appeals held that information obtained by an officer who "runs your license plate" may provide reasonable suspicion" to justify a traffic stop.  See also, Rocky River v. Saleh, 139 Ohio App.3d 313, 743 N. E. 2d 944 (8th Dist. Cuyahoga County 2000).  The Bates Court held that although a random vehicle stop without  reasonable suspicion of criminal...

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Repeat Offenders: Increased Penalties for Multiple OVIs in Ohio

[caption id="" align="alignleft" width="210" caption="Image via Wikipedia"][/caption]A second offense OVI in Ohio will result in mandatory "party plates," ignition interlock devises, a mandatory one year license suspension, mandatory drug/alcohol treatment and increases the mandatory incarceration period to ten (10) consecutive days minimum.  In addition, your vehicle will be immobilized ("clubbed") for 90 days.  If you blow above a .17 or refuse to take the chemical test having had a prior offense within the past twenty (20) years, you will face a twenty (20) day mandatory incarceration period.  All second OVI offenses in Ohio are classified as a first degree misdemeanors.On...

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