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ovi defense Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "ovi defense"

How to Hire an DUI Defense Attorney

CUT THROUGH THE CONFUSION AND HIRE A DUI DEFENSE ATTORNEY WHO WILL FIGHT YOUR CASE AND GET YOUR LIFE BACK! Thank you for reviewing this material.   I offer this common-sense guide to helping you find the right attorney because I believe that with a good game plan and realistic expectations you can win your case.   Since the inception of my practice I have provided the accused drunk driver with access to information about Ohio’s tough drunk driving laws.  I believe that information is the key to overcoming fear and empowering you to make good decisions.  Don’t be afraid to ask tough questions...

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Charles M. Rowland II, OVI Defense Attorney

Charles M. Rowland II is 100 percent focused on OVI defense. By concentrating exclusively on defending clients who are accused of drunk driving, he is able to provide the very best representation possible. He is:Experienced – He has been practicing OVI defense law for 20 years and has attained certifications on the Intoxilyzer 8000 and the BAC DataMaster. He is one of only a handful of attorneys in the country to hold a Forensic Sobriety Assessment Certificate. He has received certification on the administration and evaluation of the Standardized Field Sobriety Tests and has been trained in the Drug Recognition...

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Are You Hot? You Had Better Tell Your OVI Attorney

Sometimes having an experienced OVI attorney can make all of the difference.Breath testing equipment assumes that ALL people have an expired breath temperature of a constant 34 degrees centigrade and a constant body temperature of 37 degrees centigrade.  So, what happens if these assumptions are just a little off?The BAC will register 8.62% higher than normal for each degree that the breath temperature is above normal. So, a person registering a breath test of .143% with a body temperature of 104 degrees fahrenheit would actually have a BAC of .106%.  This means quite a bit as many prosecutors would be...

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Top 10 Defenses to an Ohio OVI

When people need an Ohio OVI Attorney, the biggest challenge is knowing whether or not an attorney truly has the skills, knowledge, training, tools, resources, and strategies that are needed to successfully resolve and win drunk driving cases. Countless attorneys handle impaired driving cases,  but only a very small percentage have the skills, knowledge, training, tools, resources, and strategies that are needed to successfully resolve and win cases. Unfortunately for the public, even attorneys who have been practicing law for many years and devote a significant portion of their practice to OVI law, often don’t have the skills, knowledge, training,...

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Affirmative Defenses for Prescription Drug OVI Charges in Ohio

Did you get a prescription drug OVI?  Do you have a valid prescription?Ohio and the Ohio State Highway Patrol have made enforcement of DUI laws against illegal and prescription drugs a priority.  Throughout the state, this means that you now face arrest if you are taking many common prescription medications.  Given that upwards of 70% of Americans are taking a prescription medication, you need to know your rights.Ohio provides an affirmative defense to an impaired driving charge if you have both a valid prescription from an authorized professional and you were taking your medication according to the directions provided. R.C....

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Determining Probable Cause For An OVI Offense

A warrantless arrest must be supported by probable cause in order to be constitutionally valid. State v. Timson, 38 Ohio St.2d 122, 67 Ohio Op.2d 140, 311 N.E.2d 16 (1974).  In order to make a finding that probable (more likely than not) cause existed the court must look at the totality of the circumstances surrounding the arrest. State v. Miller,  117 Ohio App.3d 750, 691 N.E.2d 703 (11th Dist. Court of Appeals 1997), State v. Brandenburg, 41 Ohio App.3d 109, 534 N.E.2d 906 (2nd Dist. Court of Appeals, Montgomery County 1987). "[B]ecause of the mosaic which is analyzed for a...

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Tell Your Ohio OVI Attorney That You Are ADD/ADHD

If you are afflicted with adult ADD/ADHD make sure to raise the issue with your OVI Attorney. To be diagnosed with ADD/ADHD, a person has to demonstrate an inability to complete divided-attention testing.  In 2009, the Centers for Disease Control reported that 9.5 percent of children in the United States had ADHD, up from the previous survey.  The trend has not gone unnoticed amongst the insurance industry who reported at the 162 annual meeting of theAmerican Psychiatric Association in May 2009 that:28 percent of adult drivers with ADHD reported receiving a citation withing the prior twelve months. 34 percent reported being in an auto collision. 44...

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The Ohio OVI Breath Test – How To Fight And Win

You may think that any person who takes an OVI breath test and blows above Ohio's .08 legal limit is guilty of OVI.  This is not the case. Watch the Video.  Ohio employs a device called the Intoxilyzer 8000.  This device has many problems in its operation.  In fact, after a lengthy hearing on the Intoxilyzer 8000, a judge in Marietta ruled that the machine was not reliable [Story HERE].  Prosecutors hide behind a 1984 Ohio Supreme Court decision that said because the machines were officially certified by the state, they cannot be challenged by expert witnesses. Until this ruling is overturned...

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DUI Science: Pharmacokinetics and Pharmacodynamics

Pharmacokinetics and Pharmacodynamics Defending a DUI (now called OVI in Ohio) requires an attorney to understand how the body reacts to the impairing substance (pharmacokinetics) and how the brain is affected by the substance (pharmacodynamics).  Pharmacokinetics explains the absorption, distribution and elimination of the drug.  Pharmacodynamics includes the action of the drug on the brain, pharmacologic effects and toxicity. [Holford, N., Chapter 3: Pharmacokinetics and Pharmacodynamics: Rational Dosing and the Time Course of Drug Action, in B. Katzung, Editor, McGraw Hill, Eighth Edition, 2001, p. 36].  Pharmacokinetics and pharmacodynamics are explained in this short introductory video.Charles M. Rowland II has attended...

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Marked Lane Violation Overturned By Third District Court of Appeals

State v. Shaffer, 2013-Ohio-3581 Overturns Marked Lane ViolationIn a decision that will impact many OVI cases, the Third District Court of Appeals ruled that a trooper did not have a “reasonable, articulable” suspicion to stop a Paulding County woman for a marked lanes violation. O.R.C. 4511.33.   Accordingly, her convictions for reckless operation and failure to drive within the marked lanes were reversed.In the court’s unanimous decision, authored by Judge Stephen R. Shaw, the court agreed with Shaffer’s claims “that Trooper Sisco’s testimony that a vehicle’s tires touched the white fog line on a single occasion, causing the right fender of the...

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