07 February

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Aggravated Vehicular Homicide, O.R.C. 2903.06

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...

01 February

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DUI Accidents and Ohio Law (Aggravated Vehicular Homicide & Aggravated Vehicular Assault)

Posted by Dayton DUI

in DUI Law

If you are involved in an accident while driving under the influence in Ohio you face very harsh penalties. 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...

30 January

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Save Your CDL (by DaytonDUI)

Posted by Dayton DUI

in DUI Law

I Fight For Commercial DriversOhio Revised Code 4506.16 sets for the ways that you can be disqualified or lose your commercial driver’s license.4506.16(D)(5) If you are convicted of two “serious traffic violations” within a three (3) year period, your commercial driver’s license will be suspended for sixty (60) days. 4506.16(D)(6) If you are convicted of three “serious traffic violations” within a three (3) year period, you commercial driver’s license will be suspended for 120 days.If you receive a conviction of any of the following, your commercial driver’s license will be suspended for one year:4506.15(A)(2) You have a BAC...

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...

24 January

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Arrested for OVI in Vandalia?

Posted by Dayton DUI

in Ohio Cities

Vandalia Municipal Court’s jurisdiction serves approximately 83.5 square miles, which includes the Cities of Vandalia, Englewood, Clayton, Union and the Townships of Harrison and Butler, located in the Montgomery County, Ohio. The Court is located on the 2nd floor of the Justice Center at 245 James E. Bohanan Memorial Drive, Vandalia, Ohio. The Court operates Monday through Friday, 8:00 a.m. to 4:00 p.m. The honorable Cynthia M. Heck is the elected judge of the Vandalia Municipal Court and will preside over your case. You may also appear before the Vandalia Municipal Court Magistrates: Bonnie Beaman Rice and Fred M. Izenson. Listed below...

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...

15 January

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Ohio DUI Blood Testing: Hemolysis

Posted by Dayton DUI

in DUI Process

As blood testing becomes a more favored form of evidential testing in Ohio, attorneys must become familiar with flaws in the testing protocol which may create detriments to their clients. One such area for consideration is the way in which the blood specimen is handled from collection site to the property room to the Court.Most blood specimens are collected in Vacutainer tubes which contain pre-measured amounts of preservatives and anticoagulants. Mixing the specimen and the contents of the tube must be done in a prescribed manner involving the gentle inversion of the tube eight to ten times. The blood must...

14 January

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Top 10 Rules For Dealing With The Ohio BMV

Posted by Dayton DUI

in DUI Law, DUI Process

Protecting Your Ohio Driver’s License After Your OVI Case Dealing with the Ohio Bureau of Motor Vehicles after an OVI case can be a nightmare. So, you will want to avoid problems before they rear their ugly heads. Don't worry! You can make this as painless as possible by following these simple rules. We are here to serve you. Call us at 1-888-ROWLAND or (937)318-1DUI before a minor issues results in major problems. 1. Make sure the Ohio BMV knows how to reach you. The burden is upon you to notify them of any address change. Courts will accept their statement that...

31 December

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Avoid A DUI This New Year’s Eve (by DaytonDUI)

Posted by Dayton DUI

in Announcements

The best way to avoid a DUI this holiday season is to think ahead. I have been defending the accused drunk driver since 1995. Countless people have sat in my office lamenting the fact that they could have avoided the DUI charge by deciding to hail a cab, call a friend or waiting for their sober friend to drive them home. It is my belief that the solution to drunk driving as a societal problem involves focusing on the prevention of the drunk driving situation. Let's make things easier for a person to make a good decision. Here are some tips...

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