10 February

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DUI Law and the Fourth Amendment: Is Your Home Your Castle?

The doctrine that “a man’s home is his castle” is enshrined in the Bill of Rights. The Fourth Amendment to the United State Constitution embodies the principle and states that a home should be free from search without a warrant. The Fourth Amendment states, “The right of the people to be secure in their person, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause * * *.” Furthermore, in United States v. United States Dist. Court for the E. Dist. of Michigan (1972) 407 U.S. 297, 313,...

08 February

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

Posted by Dayton DUI

in Uncategorized

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...

07 February

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Beer Festivals in Ohio

Posted by Dayton DUI

in Announcements

Rick Armon at the Beer Blog has compiled a list of Ohio's beer festivals. Some such as the International Beer Fest in Cleveland and the Cincy Winter Beerfest in Cincinnati will draw thousands. Others such as the Frozen Falls Beer Festival in Garrettsville and the Celebration of the Hop in North Olmsted will attract hundreds. You can find a continuously updated version of this list at the Beer Blog. Have fun and enjoy a beer festival near you. • Saturday: The Columbus Winter Beerfest at the Greater Columbus Convention Center. The event will feature more than 50 breweries and 250 beers.• Jan. 28: The Montessori School of...

06 February

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What Am I Required To Do Following An Accident?

Posted by Dayton DUI

in DUI Process, Ohio Criminal Law

The crime is referred to as Hit and Run, Leaving the Scene of and Accident, Hit/Skip or Failure to Notify. Here is an overview of what proscriptions Ohio has adopted to punish persons involved in an accident who leave the scene. Because of the serious nature of the offense you should seek a qualified and experienced criminal/traffic attorney to help you combat this charge and give you advice.Ohio law, O.R.C. 4549.02, requires any person who is involved in an accident on public roads or highways to stop and exchange information with the other party.What information must I provide? The statute...

03 February

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DUI Law: Is This Constitutional?

Posted by Dayton DUI

in DUI Law

Even if you are found not guilty at trial, the Automatic License Suspension issued at the beginning of your case will remain in effect. Yes, even if a jury of your peers concludes that you were wrongly arrested for OVI and exonerates you in court, the harsh ALS penalty will remain in effect. Guilt or innocence does not matter. How can this be?In State v. Lewis, 2010 Ohio 2872 the First District Court of Appeals found that Ohio DUI law calls for an automatic license suspension if a person refuses a chemical test and O.R.C. 4511.191(D)(1) specifically states that “[a]ny...

02 February

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Ohio DUI Law: Ineffective Assistance of Counsel

Posted by Dayton DUI

in DUI Law

Sometimes despite the best efforts of a skilled and competent DUI attorney, a client will be forced to endure an outcome they do not like. When this happens there Is a natural and understandable desire to place blame. We field many calls, mostly after a conviction, seeking an opinion about an attorney’s performance. Some ask whether or not we would be willing to undertake an appeal. To date, our answer has always been an emphatic “No!”The purpose of this article is two-fold; the first is to re-emphasize the importance of selecting the best attorney for your case right at the...

31 January

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Ohio Controlled Substances Act, Drug Schedules

Posted by Dayton DUI

in Drugs & Alcohol, Ohio Criminal Law

If you get arrested for possession of a controlled substance, it feels like your world is falling apart. If you are unfamiliar with the judicial system you are likely scared to death and wondering what will happen. The first and most important decision you can make at this point is to hire an experienced and competent defender. Charles M. Rowland II will file a motion to suppress, aggressively prepare for trial and present your best case to the prosecutor. Preparation leads to better results including dismissal, a reduction in your charge, treatments in lieu of conviction, or an acquittal at...

30 January

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DUI Law: What Should I Say?

Posted by Dayton DUI

in DUI Law

If you are stopped by law enforcement on suspicion of drunk driving, the officer will ask "Have you had anything to drink tonight?" Some officers ask a variant of this question by making it an accusation, "I smell alcohol, how much have you had to drink?" We are often asked how best to answer this question.The short, best and most protective answer is to reply that you are uncomfortable answering any questions without an attorney present. You have a Fifth Amendment Right to remain silent. The police cannot punish you for exercising this right. USE IT! So often a perfectly defensible case will...

27 January

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Intoxilyzer 8000 Is Unreliable!

Posted by Dayton DUI

in DUI Law, DUI Process

Today, in State v. Heather Reid, Case No. TRC 1100716 in the Circleville Municipal Court, Judge Gary Dumm has ruled that "The State of Ohio cannot expect this Court to find the Intoxilyzer 8000 reliable when the State refuses to address known problems and explain why those problems can be ignored."The Court calls for independent laboratory testing to address the issues raised by the adoption of the Intoxilyzer 8000: RFI, sample size of the chamber, volume of the sample tested, possible operator manipulation of the results, possible CMI modifications of the software without the knowledge of ODH and slope detector...

25 January

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Clark County Prosecutor Sets Up Diversion Program

Posted by Dayton DUI

in Ohio Counties, Ohio Criminal Law

Last week the Clark County Prosecutor's Office sent out a letter detailing a new diversion program. The announced "goal of the program is to promote the efficiency within the Clark County Common Pleas Court while allowing lower level felony offenders an opportunity to avoid the handicap of a life altering felony conviction." The new diversion program is modeled on established programs in Franklin and Montgomery Counties. The letter indicates that approximately 50 people a year will be permitted to take advantage of the diversion program. The program coordinator is Sandee Selner and the Assistant Prosecuting Attorney Greg Morris has been...

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