a

Facebook

Twitter

Copyright 2019 Dayton DUI.
All Rights Reserved.

9:00 - 17:00

Our Opening Hours Mon. - Fri.

Facebook

Twitter

Search
OVI Menu
 

springfield Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "springfield" (Page 8)

Ohio OVI: Standardized Field Sobriety Tests & Marijuana

State v. Dixon, 2007-Ohio-5189 (Ohio Ct. App. 12th Dist. Clermont County 2007).More and more, we are seeing law enforcement officers arrest drivers on suspicion of operating a vehicle under the influence of marijuana.  Often, an officer will request a urine test for marijuana after a defendant has blown substantially under the per se alcohol limit on a breath test machine.  This raises questions about the proper determination of probable cause.  If, for example, no alcohol was suspected how did the officer arrive deduce enough evidence to make an arrest? Were the standardized field sobriety tests administered to detect alcohol or...

Continue reading

Driving Under An OVI Suspension

"I had to get to work.  If I missed another day they were going to fire me, so I drove and got a ticket.  What is going to happen?"  Driving under an OVI suspension is a violation of Ohio Revised Code 4510.14.  It is a separate offense from a DUI/OVI charge and carries harsh mandatory penalties.  Most of these charges originate when a person is desperate to live up to their obligations to their work and/or their family.  Often, the automatic license suspension is the worst part of the DUI experience.  It is the position of this author that taking a person's...

Continue reading

Affirmative Defenses to a Driving Under Suspension Charge

Ohio law provides two affirmative defenses to the crime of driving under suspension.  Ohio Revised Code section 4510.04, Affirmative defenses to driving under suspension or cancellation, provides in pertinent part, It is an affirmative defense to any prosecution brought under section 4510.11, 4510.14, 4510.16, or 4510.21 of the Revised Code or under any substantially equivalent municipal ordinance that the alleged offender drove under suspension, without a valid permit or driver’s or commercial driver’s license, or in violation of a restriction because of a substantial emergency, and because no other person was reasonably available to drive in response to the emergency.It is an affirmative defense to any...

Continue reading

OVI Case Update: State v. Bayer, 2012-Ohio-5469

The question raised in State v. Bayer involved whether or not a person can be sentenced for OVI (O.R.C. 4511.19) if that person is also convicted of Aggravated Vehicular Assault (O.R.C. 2903.08) arising from the same incident.  Crimes that involve similar activity are often merged for purposes of sentencing.  The merger turns on whether or not the crimes are similar enough to be deemed "allied offenses of similar import."In this case, the Defendant caused "serious physical harm" to a person while driving with a prohibited alcohol concentration above 0.17%.  In March 2011 she pled guilty to Aggravated Vehicular Assault and to one...

Continue reading

MADD’s Historic Push For A .05% Alcohol Limit (by Dayton DUI)

In 1938 the American Medical Association created a "Committee to Study Problems of Motor Vehicle Accidents."  Around that same time the National Safety Council began the "Committee on Tests for Intoxication." Their original research found that a driver with a .15% Blood Alcohol Concentration (B.A.C.) could be presumed to be "under the influence." Ohio law followed this paradigm making it illegal to drive with a B.A.C. over .15%.  This standard existed for over 20 years.Law and politics changed forever with the founding of Mothers Against Drunk Driving in the late 1970's.  MADD changed the world for the better.  No longer...

Continue reading

Ohio DUI and SR-22 Insurance (by DaytonDUI)

The SR-22 is a form that your car insurance company  files with the Ohio Bureau of Motor Vehicles.  The form provides the Ohio Bureau of Motor Vehicles with proof of financial responsibility by showing that you have the required insurance coverages in effect.  The filing acts as a guarantee to the Ohio BMV that an insurance company has issued at least minimum liability coverage for the person making the filing.  An SR-22 also requires the insurance company to notify the Ohio BMV if you cancel your coverage, thus creating a system of continuous monitoring.  The BMV usually requires that you file...

Continue reading

Effects Of An OVI Conviction (by DaytonDUI.com)

How does a DUI conviction affect you?  A drunk driving charge can affect you in ways that you may not expect. Listed below are some of the more vexing issues associated with an Ohio DUI (OVI). 1. Child Custody - If you are involved in a custody dispute (or have a vindictive spouse who would like to start one), a DUI/OVI conviction can be used against you in domestic relations court.  Automatic suspensions may make it difficult to exercise visitation with your children.  You may also find a court who will refuse to let you transport the children due to a DUI/OVI conviction, thereby increasing the...

Continue reading

Problems with the Intoxilyzer 8000

If you have been charged with OVI (drunk driving) based on a test on the Inoxilyzer 8000, let Charles M. Rowland II defend your case.  He was the first private attorney in Ohio to be certified as an operator of the Intoxilyzer 8000, he is Ohio's only Forensic Sobriety Assessment certified attorney, and  he limits his practice to the defense of the drunk driver.  Given the problems with the implementation of the Intoxilyzer 8000, you need an attorney who is up-to-date and on the cutting edge of DUI/OVI defense. What Are The Problems?The Intoxilyzer 8000, manufactured by CMI (out of Kentucky)...

Continue reading

An Ohio OVI Conviction May Prevent Entry Into Canada (by DaytonDUI)

Driving Under the Influence May Prevent Entry Into CanadaCanada places strict limits on who may enter.  One of the most vexing restrictions is the Criminal Inadmissibility due to a DUI charge.  Shockingly, you may also be denied admission due to the conduct of a dependent who has a prior DUI offense.  Obviously, the best way to prevent a problem is to hire an aggressive DUI/OVI attorney who will fight to prevent a conviction.  Tell your Ohio OVI attorney about any Canadian travel you regularly take or may be required to take for your business.  However, if you have been previously...

Continue reading

Showing Proof of Insurance (by DaytonDUI)

Ohio law requires all license holders to carry insurance on the vehicles they drive—and requires the Clerk’s Office to report the status of your insurance when you are cited to the Ohio Bureau of Motor Vehicles. If you do not submit the required proof, your driver's license will be suspended and you may be subject to additional fees and insurance sanctions.Please check the area on your citation that says “Financial Responsibility Proof Shown.” Make sure the “Y” box is checked. If you did not show proof when you were cited or if the officer did not mark “Y” to indicate...

Continue reading