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Presumption of innocence Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "Presumption of innocence"

Presumption of Innocence? Not For OVI

The History of The Presumption of Innocence The presumption of innocence, Ei incumbit probatio qui dicit, non qui negat.It is the principle that one is considered innocent unless proven guilty. It dates back to the very foundations of western jurisprudence. The sixth century Digest of Justinian provides, as a general rule of evidence:"Proof lies on him who asserts, not on him who denies."The presumption requires that the prosecution has the obligation to prove each element of the offense. They must prove each beyond a reasonable doub. The accused bears no burden of proof. This is often expressed in the phrase innocent until proven...

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Arrested for DUI? You Are Innocent.

If you tell your friends that you were arrested for punching someone in the face, their overwhelming reaction will be, "Wow, what happened?"  If, however, you tell them that you were arrested for DUI, those same friends will say, "Oh, I'm so sorry."  What is the difference?  When a person is facing a DUI charge, guilt is assumed.  How in the world did this happen?  How did our presumption of innocence, so valued in the American tradition of law, become so cheapened?  Perhaps we can look to the politically charged nature of the crime of drunk driving.  We can blame...

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Where Are the Speed Cameras/Red-Light Cameras in Dayton?

This blog has documented the outrage caused by Dayton's adoption of speed and red-light cameras.  Today, in an article by former Montgomery County Common Pleas A.J. Wagner, the Dayton City Paper takes on the red-light and speed cameras.  As we have put forth here, the red-light and speed cameras are an affront to our presumption of innocence and a bald attempt at letting private companies make money by exploiting citizens.  The problems lie in the process.  "Once caught, a letter is mailed to the vehicle owner.  Violators are given 15 days to appeal, but never see a judge or a courtroom. About...

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Innocent Until Proven Guilty; Does it apply in Ohio DUI Prosecutions?

Ei incumbit probatio qui dicit, non qui negat In America you are presumed innocent until proven guilty beyond a reasonable doubt.  "Presumption of innocence" serves to emphasize that the prosecution has the obligation to prove each element of the offense beyond a reasonable doubt and that the accused bears no burden of proof.  This presumption is ancient, dating back to the Old Testament.  In Genesis 18:23-32, it states, "Abraham drew near, and said, "Will you consume the righteous with the wicked? What if there are fifty righteous within the city? Will you consume and not spare the place for the fifty...

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