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Dayton DUI Attorney Charles Rowland > Posts tagged "United States" (Page 4)

A Prosecutor’s Voir Dire Advantage: The Primacy & Recency Effect

In Ohio, the prosecuting attorney in a DUI/OVI trial gets to make the first presentation in voir dire, has the first opportunity to do opening and closing, and also has a rebuttal that follows the Defendant's closing argument.  Why is this a big advantage?Psychologists tell us that there is the tendency for the first items presented in a series to be remembered better or more easily, or for them to be more influential than those presented later in the series. If you hear a long list of words, it is more likely that you will remember the words you heard first...

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Red Light Cameras – Let Your Voice Be Heard To Ban Them Forever

The followers of Dayton DUI on Facebook, Twitter and Google+ and loyal followers of this blog have listened to me complain about red-light cameras and speed cameras in Ohio for over three years.  I have urged you to contact your local representatives and to let your opposition be known.  We are now in the final push and our concerns are being heard!Ohio's 130th General Assembly has introduced House Bill 69, which would eliminate red light cameras and speed cameras throughout Ohio.  The proposal reads, in pertinent part, “No local authority or the state highway patrol, utilizing either its own employees, those...

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I Was Not Read My Miranda Rights, Is That A Defense To DUI?

In Miranda v.  Arizona, 384 U.S. 436 (1966), in a 5-4 decision, the United States Supreme Court held that both inculpatory and exculpatorystatements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant was informed of the right to consult with an attorney before and during questioning and of the right against self-incrimination prior to questioning by police, and that the defendant not only understood these rights, but voluntarily waived them. This had a significant impact on law enforcement in the United States, by making what became known as the Miranda rights part of routine police procedure to ensure that suspects were informed of their rights.  Most people are...

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Illegal Transportation of Alcohol In Ohio; O.R.C. 4301.60

"If you are going to buy a keg, buy it in Ohio,"  or you face violating Ohio law.  Transport issues are answered at the Ohio Department of Commerce/Ohio Investigative Unit website, which states, "Any resident of this state or any member of the armed forces of the United States, who has attained the age of twenty-one years, may bring into this state, for personal use and not for resale, not more than one liter of spirituous liquor, four and one-half liters of wine, or two hundred eighty-eight ounces of beer in any thirty-day period, and the same is free of any tax...

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MADD Gets Your Money!

Despite sequestration, budget cuts, deficit spending and general dysfunction in Washington D.C., one thing is clear: M.A.D.D. will always get its money.  This week MADD boasted that Congress has provided full funding for the main components of its agenda.  The spending bill allows over $50 million for aspects of the Campaign to Eliminate Drunk Driving, including:$29 million for three annual high visibility “crackdowns.”  Two of these crackdowns are the twice yearly Drive Sober or Get Pulled Over campaigns, which target drunk drivers and the Click It or Ticket seat belt campaign.  By securing this funding, MADD wins the argument about invasive and unpopular checkpoints.$20...

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They Are Listening To Us – Act Now!

Last Friday I received a call from State Representative Rick Perales regarding the pending bill regarding red-light/speed cameras now before the Ohio legislature.  Representative Perales is a freshman Representative elected to Ohio's 73rd District which includes Greene County.  I cannot say how much I was impressed with his grasp of the issue and his acknowledgement of the  myriad problems raised by allowing these cameras to ticket people without due process protections.  Though not a lawyer by training, he is fully aware of all of the legal concerns at the heart of this issue and acknowledged the arguments that opponents of...

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You’re Not Drunk, You’re ADD/ADHD

To be diagnosed with ADD/ADHD, a person has to demonstrate an inability to complete divided-attention testing.  In 2009, the Centers for Disease Control reported that 9.5 percent of children in the United States had ADHD, up from the previous survey.  The trend has not gone unnoticed amongst the insurance industry who reported at the 162 annual meeting of theAmerican Psychiatric Association in May 2009 that:28 percent of adult drivers with ADHD reported receiving a citation withing the prior twelve months. 34 percent reported being in an auto collision. 44 percent reported either a citation or a collision.The standardized field sobriety tests are divided-attention tests.  Given these statistics,...

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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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Charles M. Rowland II, DaytonDUI

Charles M. Rowland II Charles M. Rowland II maintains an established DUI/OVI practice, representing the accused drunk driver in State and Federal Courts in the Miami Valley and throughout Ohio. An attorney since 1995, Charles Rowland dedicates his practice exclusively to representing the accused drunk driver and has worked to amass more credentials than any attorney in his field. DUI/OVI CREDENTIALS Charles served as the Xenia City Prosecutor and has served as a “Special Prosecutor” on high-profile felony cases.  Charles is a proud member of the National College for DUI defense and in 2006 attended the intensive seminar on DUI law at Harvard University. ...

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Why Was I Charged With Two OVI Offenses?

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...

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