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Dayton DUI Attorney Charles Rowland > Posts tagged "YouTube" (Page 20)

Prior Convictions Used To Enhance An OVI

It is not uncommon for a client to choose my representation on a second, third, or fourth OVI offense.  One of the first things we check is whether or not the client was represented by an attorney in the previous convictions.  We also check to see if the prior plea had a valid waiver of counsel.  Both of these issues were addressed by the Ohio Supreme Court in State v. Brooke, 113 Ohio St. 3d 199, 2007-Ohio-1533, 863 N.E. 2d 1024 (2007), wherein the Court stated: Generally, a past conviction cannot be attacked in a subsequent case.  However, there is a...

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Kettering OVI Attorney

If you have been arrested for OVI in Centerville, Kettering, Moraine or Washington Township, your misdemeanor OVI case will be heard in the Kettering Municipal Court.  If you need to find information about a case in the Kettering Municipal Court you can search HERE for case information/case look-up, or visit the court’s web site HERE.Charles M. Rowland II has represented the accused drunk driver in the Kettering Municipal Court since 1995 and dedicates his practice to OVI law.  He has some of the most impressive credentials for OVI attorneys in the state of Ohio that you can review HERE.  If you find yourself in need of...

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Did You Sign The Ticket? (by DaytonDUI)

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...

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The Limits of the Standardized Field Sobriety Tests

Ohio Revised Code 4511.19(D)(4)(b) sets forth the standards for admissibility of the results of field sobriety tests in OVI (drunk driving) prosecutions.  See State v. Bozcar, 113 Ohio St. 3d 148, 2007-Ohio-1251, 863 N.E.2d 115 (2007).  In order for the tests to be admissible, the State must demonstrate:By clear and convincing evidence. The Officer administered the tests insubstantial compliance. The testing standards for any reliable, credible, and generally accepted test. Including, but not limited to, the standards set by NHTSA.The only guidance provided for determining the meaning of “substantial compliance” has come from State v. Burnside, 100 Ohio St. 3d 152, 2003-Ohio-5372 (2003), wherein the court indicated that errors that...

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Setting the Standard For Excellence

Today I am attending the Ohio Academy of Criminal Defense Lawyers/National College for DUI Defense advanced DUI seminar in Columbus, Ohio.  The three-day seminar brings together the best DUI attorneys and experts from across the nation to discuss topics ranging from pharmacology to how to talk to jurors.  It takes a great deal of effort to stay on the cutting edge of DUI defense and this type of seminar gives an attorney the edge in the courtroom.   If you are in need of a  DUI attorney who is dedicated to providing you with the best scientific defense possible, please...

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Standardized Field Sobriety Tests: You Can’t Say That!

"The notion that an officer may testify and estimate that a person, based on his or her Horizontal Gaze Nystagmus results, will test over the statutory limit a certain percentage of the time is alarming."  This is not the opinion of an OVI defense attorney, but the opinion of the 4th District Court of Appeals in State v. Martin, 2005-Ohio-1732 (Ohio Ct. App. 4th Dist. Pickaway County 2005)(error found to be harmless in light of the other evidence adduced).  Therein, the court found it was error for the trial court to permit the arresting officer to testify that four or...

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

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...

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Huber Heights OVI Attorney

If you are arrested for misdemeanor DUI / OVI in Huber Heights your case will be heard in the Montgomery County Municipal Court (Eastern Division).  Many refer to Area II as the Huber Heights Municipal Court, but the court's jurisdiction is larger, covering regions in north-east Montgomery County including the city of Riverside, Ohio.  The Montgomery County Municipal Court, Eastern Divsion is located at 6111 Taylorsville Rd., Huber Heights, OH 45424-2951.  You can contact the court's Traffic/Criminal Division at  (937) 496-7231, the Civil Division at (937) 225-5824 and you can fax information to (937) 496-7236. Charles M. Rowland II appears regularly in the Montgomery County Municipal Court (Huber Heights Municipal Court) and has established a Huber Heights DUI information page...

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Defending The Accusation Of Slurred Speech (by DaytonDUI)

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...

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Miamisburg OVI Attorney

Miamisburg OVI? Start Here.  If you are arrested on suspicion of OVI (drunk driving) in Miamisburg, West Carrollton,Germantown, German Township or Miami Township, your misdemeanor DUI case will be heard in the Miamisburg Municipal Court.  The Honorable Robert W. Rettich III  was elected the Miamisburg Municipal Court judge in the general election on November 8, 2011.  He was sworn into office on December 30, 2011. The Court is served by Magistrate Margaret Quinn and Chief Bailiff Kirk J. Bell.  The Miamisburg Municipal Court, located at 10 N. First Street, Miamisburg, Ohio 45342, serves a population of over 80,000 and handles in excess of 15,000 cases per year.  The court is open Monday...

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