18 March

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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...

13 March

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Did You Sign The Ticket? (by DaytonDUI)

Posted by Dayton DUI

in DUI Law

An often-overlooked piece of exculpatory evidence is your signature. When the officer has read and explained your rights prior to conducting an evidential breath test, he or she will ask you to sign a form entitled the BMV Form 2255 Notice of Administrative License Suspension. Under Ohio Revised Code 4511.192 (A) "The officer SHALL give that advice in a written form that contains the information described in division (B) of [that] section and SHALL read the advice to the person. The form shall contain a statement that the form was SHOWN to the person under arrest and read to the person by...

05 March

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Springboro OVI Attorney

Posted by Dayton DUI

in Ohio Cities

If you have been arrested for OVI (drunk driving) inSpringboro, Ohio, your case may be heard in the Springboro Mayor’s Court. If you have a case in the Springboro Mayor’s Court you can find assistance by calling (937) 748-4367. The Sprinboro Mayor’s Court is located at 329 West Central Avenue, Springboro, Ohio 45066. The Magistrate who will hear your case is the Honorable Jeffrey T. Kirby. Court is held each Wednesday in Council Chambers at 9:00 A.M. The Clerk of Courts can be reached at (937) 748-9782, Monday through Friday, 8:00 A.M. – 4:30 P.M. Any other information that you need can be...

27 February

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OVI Trial Strategy: The Cop Was Not A Liar (by DaytonDUI)

Posted by Dayton DUI

in DUI Law

Most Americans trust and respect police officers. If you think that you will be able to go into a courtroom and overcome this ingrained belief you are, most of the time, dead wrong. Americans do not like drunk drivers. If you think that you can win an OVI case by calling the police officer a liar, you will probably lose. One of the biggest mistakes an attorney can make is to position your case so that the jury must choose between believing the officer's version of events or your version of events. Jury verdict research suggest a modified approach.The officer...

15 February

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Defending The Accusation Of Slurred Speech (by DaytonDUI)

Posted by Dayton DUI

in DUI Law

A very common observation by law enforcement in an impaired driving investigation is the presence of "slurred speech." Experience trial counsel will look to the totality of evidence to combat the damning accusation of slurred speech.Many traffic stops are now captured on video tape. As the quality of the recordings has improved we are often able to hear exactly what the officer is hearing. Reasonable people can disagree as to whether or not the speech on a video is "slurred" and whether or not it was fair for the officer to describe the speech as slurred. Another, more subtle method...

07 February

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Aggravated Vehicular Homicide, O.R.C. 2903.06

Posted by Dayton DUI

in DUI Law

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 found guilty of a third degree felony which rises to a second degree felony if the driver is...

28 January

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The Problems With Portable Breath Tests (by DaytonDUI)

Posted by Dayton DUI

in DUI Law, DUI Process

In possibly the best article you will ever read on portable breath testing, DUI attorneys Justin McShane and Josh Lee describe the portable breath test devises which are used by the Ohio State Highway Patrol as a "potentially dangerous, non-specific and non-selective measures at roadside." You can find the article HERE and in the Voice for the Defense. The Problems of Fuel Cell Devices1.1. Lack of Specificity20 for EthanolAs PBTs are used for purportedly forensic purposes, their specificity for ethanol becomes a critical factor. The electrochemical detector is not specific for ethanol.21 Indeed, there is “much evidence to show” they are actually not...

24 January

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Why Was I Charged With Two OVI Offenses?

Posted by Dayton DUI

in Uncategorized

There are two ways to be charged with OVI (drunk driving) in Ohio. Often, both are charged for reasons that will be addressed shortly. First, let's explore what the two charges mean."Per Se" Offenses: per se is a latin phrase meaning "in itself." It is also a legal term of art defined in Black's Law Dictionary as "taken alone...

22 January

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Arrested for OVI in Lebanon, Ohio?

Posted by Dayton DUI

in Ohio Cities, Ohio Counties

Arrested for OVI in Lebanon, Ohio?The Lebanon Municipal Court is located at 50 South Broadway in downtown Lebanon, across from the historic Golden Lamb restaurant. The Lebanon Municipal Court serves the City of Lebanon and Turtlecreek Township. The Court is open Monday through Friday from 8:00 a.m. to 4:00 p.m. and can be reached by phone at (513) 933-7210 or fax at (513) 933-7212. If you are arrested for an OVI offense in Lebanon or Turtlecreek Township your case will be heard by the honorable Mark R. Bogen. Charles M. Rowland II regularly appears in the Lebanon Municipal Court and can help you with your...

22 January

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Arrested at Wright-Patterson AFB?

Posted by Dayton DUI

in DUI Process

WE CAN HELP IF YOU ARE ARRESTED ON BASE We have a former J.A.G. officer on staff to help with military DUI/OVI cases. Located conveniently near Wright-Patterson Air Force Base, Charles M. Rowland II has successfully represented active-duty military, contractors, and civilian employees for over 15 years. He knows how to deal with issues of deployment, security clearances, loss of rank, loss of on-base driving privileges and issues related to out-of-state licenses. If you find yourself arrested for OVI in or near Wright-Patterson Air Force Base and you will be required to appear in the United State Federal Court or the...

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