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Dayton DUI Attorney Charles Rowland > Posts tagged "Plea"

Entering A Plea – What Are Your Options?

Entering a plea. Your first appearance is called an arraignment. At this hearing the judge is seeking to determine how your case will proceed. When your case is called in court you will be required to enter one of the following:GUILTY - If you feel you are guilty. The matter will be disposed of and the court may proceed to sentencing immediately. NOT GUILTY - If you feel you are not guilty or if you are in doubt. If you enter a plea of not guilty your case will then be continued to a later date for trial or other disposition. NO CONTEST...

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What Happens At A DUI Arraignment?

The following will happen when you appear for your DUI arraignment.The Judge, will explain the complaint to you which details the offense(s) you are charged with, and will explain it to you if you do not understand the nature of the charge(s). The Judge will also advise you of the potential penalties.You will have the opportunity to ask questions that you have on the rights explained here, the charge, or the maximum penalty possible under the law.You will have the right to retain an attorney even if you intend to plead guilty, and a right to a reasonable continuance to...

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Wrong Way Crashes and DUI

A new study commissioned on behalf of the Ohio State Highway Patrol concluded that more than half of wrong-way drivers were suspected of alcohol or drug impairment.  According to the study, 60 wrong-way collisions between January 2011 and April 2013 resulted in 31 deaths. Some notable findings in the report:> The death rate in wrong-way collisions (37 percent) was more than 100 times higher than in all crashes on Ohio roadways (0.35 percent) during the reporting period. > 57 percent of wrong-way drivers were men. > Among age groups, 23 percent were from ages of 16-25, 21 percent were from 36-45 and 21 percent...

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Dayton DUI: Don’t Pay Your Reinstatement Fee Until Your Case Is Over…

Charles M. Rowland II may be able to get your reinstatement fee lowered from $475.00 to $40.00.  Whether or not he can do this is not decided until the end of the case.  So Don't Pay Right Away! In Ohio, any person who operates a vehicle within the state of Ohio is legally presumed to have given his or her consent to a chemical test of their blood, breath, or urine to determine alcohol content if arrested for OVI (drunk driving).  According to Ohio Revised Code 4511.191, if probable cause exists to believe that you are operating a vehicle while impaired (commonly called a DUI) and you refuse to...

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DUI Accidents and Ohio Law (Aggravated Vehicular Homicide & Aggravated Vehicular Assault)

If you are involved in an accident while driving under the influence in Ohio you face very harsh penalties. Aggravated Vehicular Homicide, O.R.C. 2903.06,  is a crime that results from the death of another caused by the defendant’s operating a vehicle while impaired (a violation of R.C. 4511.19)  or while driving negligently or recklessly.  The statute  encompasses driving an automobile recklessly or negligently (called Vehicular homicide) whether or not alcohol played a part in the death.  Often, defendants are indicted for multiple counts, with additional counts for each victim of the accident.Under the reckless section of the statute you will be...

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Ohio OVI Defense Attorney Quote of the Week

United States Supreme Court Justice Byron White in the landmark case of United States vs. Wade, 388 U.S. 218 (1967) "Law enforcement officers have the obligation to convict the guilty and to make sure they do not convict the innocent. They must be dedicated to making the criminal trial a procedure for the ascertainment of the true facts surrounding the commission of the crime. To this extent, our so-called adversary system is not adversary at all; nor should it be. But defense counsel has no comparable obligation to ascertain or present the truth. Our system assigns him a different mission. He...

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Juvenile DUI Addressed in Ohio Supreme Court

The issue the Ohio Supreme Court addresses in State v. Adkins, 2011-Ohio-3141  is whether a pre-January 1, 1996 juvenile adjudication can be considered one of the five prior similar offenses necessary to enhance an R.C. 4511.19(A)(1)(a) charge for operating a motor vehicle while under the influence of alcohol (“OVI”). Under R.C. 4511.19(G)(1)(d), an OVI is a fourth-degree felony if the defendant has been convicted of or pleaded guilty to five OVIs in 20 years.  Effective January 1, 1996, the Ohio legislature passed a new law making a prior juvenile adjudication constitutes a prior conviction for purposes of R.C. 4511.19(G)(1)(d).PROCEDURAL HISTORYOn...

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