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Dayton DUI Attorney Charles Rowland > Posts tagged "ovi" (Page 5)

Kettering Municipal Court – What Do I Plead?

On its site, the Kettering Municipal Court offers an explanation of the three possible pleas you may enter in your case.   The court states as follows: Pleas You May Enter and Your Rights Under These PleasYou may choose to enter any of these pleas when you appear before the Judge:NOT GUILTY PLEABy pleading NOT GUILTY, you are denying the charge. The prosecution will be required to prove its case against you beyond a reasonable doubt at a trial. THE TRIAL WILL BE SET FOR A LATER DATE.If the offense you are charged with carries the potential for jail time as...

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What is a Physical Control Violation? Is It Better Than An OVI?

Why should I consider a reduction to Physical Control? Want to know what physical control means for your case? Watch our video on physical control charges .  While a “physical control” conviction (O.R.C. 4511.194)  is similar to an OVI conviction (O.R.C. 4511.19) in that both are alcohol-related first degree misdemeanors, the PC conviction does not carry mandatory minimum penalties. In fact, a court may give proportionally lighter penalties due to the fact that you did not operate your vehicle and place others at risk.There are many reasons why an attorney may seek a physical control charge as a reduction from an OVI...

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Ohio State Highway Patrol – Ohio’s Drug Warriors

A state law passed in 2012 banned knowingly possessing hidden compartments in vehicles that are designed to conceal elicit drugs or evidence. The Ohio State Highway Patrol has used this law in their role as Ohio's leading drug warriors. Since 2012, OSP has tallied 24 cases of hidden compartment violations and counting.  Punishments are steep with charges ranging up to a second degree felony.  In addition, the car is crushed.If you are involved in a traffic stop, expect that the trooper is looking to convert the stop into a drug investigation.  Drug citations growing! More than 7,000 violations were tallied in...

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How To Properly Evaluate A Plea Offer

We have all seen this scenario: An attorney triumphantly bounds out of a prosecutor's office and announced that he or she just got the best plea offer ever!  But is it?When evaluating a plea offer keep in mind the "Cleanest Pig In The Pen Fallacy."   As attorneys, often justify our actions, our plea deals and our advice based on what we have seen other attorneys do and experience. Often, this knowledge is invaluable and can save clients from making horrible misjudgments of their situation.  We base our decisions on the context, providing our clients with a risk assessment based...

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Fairborn Municipal Court Jury Trial Status

The Fairborn Municipal Court website allows you to check the status of their jury trials on-line [HERE]. This means that instead of showing up at the court unnecessarily, you can check on-line.  The site also gives you a telephone number (937) 754-3040, which provides updated information on whether or not a jury trial will go forward on a certain date.Fairborn Municipal Court services Beavercreek, Fairborn and Bath Township and has concurrent jurisdiction with areas adjacent to Wright-Patterson Air Force Base. If you are arrested for an OVI offense and need an attorney who regularly appears in the Fairborn/Beavercreek Municipal Court,...

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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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A Physical Control Conviction Is Not A Prior Offense

Our video explains what the physical control option is and what it means for you.  A physical control conviction does not count as a "prior offense" for purposes of enhancement.  This principle is spelled out in case law and in statute.  R.C. 4511.181 sets forth the offenses that count as prior convictions.  It does not list a violation of physical control (R.C. 4511.194) as a predicate offense.  It does not matter if the prior conviction  was charged under R.C. 4511.194 or as a violation of a municipal ordinance. This is set forth at R.C. 4511.182(A) and in State v. Schultz, 2008-Ohio-4325...

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Changes To The 2013 NHTSA Standardized Field Sobriety Test Manual

There is a new NHTSA Standardized Field Sobriety Test training manual and it is significantly changed from prior versions.  Included is the new focus of law enforcement on impairing drugs.  The new information lays the groundwork for full implementation of the Drug Recognition Expert protocol now making its way into Ohio law. This article will focus on the changes in a format that follows the NHTSA Standardized Field Sobriety Test training manual text, session by session.  Full versions of the NHTSA DUI training manual are available at various sources on the internet.  This article incorporates the work of various authors and...

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Christmas Party DUI Arrest? We Can Help!

SUMMARY:  Nobody plans on a Christmas Party DUI Arrest, but police  are out in force during the Christmas Holiday Season.  If you plan to drink and drive, prepare yourself ahead of time in these three ways:  Protect Yourself, Educate Yourself and Empower Yourself with knowledge.  See details below.'Tis the season for Christmas parties and Christmas party DUI arrests. If you are arrested you may be thinking, "What do I do now?" Being arrested for DUI is a frightening and traumatic experience. Our clients often struggle to deal with the stigma and shame associated with a DUI arrest. Many strong people are brought...

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