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Dayton DUI Attorney Charles Rowland > Posts tagged "YouTube" (Page 23)

Can A Defendant Waive A Jury Trial In Ohio? (by DaytonDUI)

Controversial Jury Bill Dies In Committee Ohio is one of 21 states that give the power to decide whether or not to have a jury trial solely to the defendant.  Thus, a defendant can, at any point, decide against a jury trial and opt for a trial only to the judge.  This is often done in serious OVI cases wherein a technical or scientific point is the most salient point.  It is particularly apt when a defendant wants to avoid allowing the prosecution to enflame the jury with sympathetic evidence of injuries or in cases where the defendant has a lengthy...

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FBI Investigates False DUI Arrests

This page has long maintained that the current "Standardized Field Sobriety Test" procedure is fraught with uncertainty and open to subjective interpretation.  A federal investigation has been launched against Utah Highway Patrol Cpl. Lisa Steed for civil rights violations. Steed has been accused of arresting people for DUI who were sober. Two judges have found Steed lied on the witness stand and a 2010 memo suggesting she was falsifying arrest reports has emerged.  While the vast majority of law enforcement officers are hard-working and dedicated to protecting the public from drunk drivers, this officer may have used her discretion to abuse innocent citizens....

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Arrested for DUI in Kettering? (by DaytonDUI)

If you have been arrested for OVI in Centerville, Kettering, Moraine orWashington Township, your misdemeanor OVIcase 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.  Charles Rowland dedicates his practice to OVI law and has some of the most impressive credentials for OVI attorneys in the state of Ohio.  If you find yourself in need of criminal representation in the Kettering...

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Eleventh District Court of Appeals Upholds State v. Vega

When you are accused of a DUI/OVI in Ohio, the breath test machine is presumed to be perfect.  What is more, your attorney cannot challenge presumed flaws in the machine or the weakness in the science supporting the machine.  Such challenges are limited by a 1984 Ohio Supreme Court ruling (State v. Vega) holding that once the Ohio Department of Health certifies a machine, it becomes valid and the defendant loses the ability to argue defenses based on the underlying science of the machine.  This author has made it a long-standing goal to fight this case and has done so for...

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Judges To Consider Military Service At Sentencing

Ohio appears ready to pass a requirement that judges consider a persons' military service when deciding a sentence in a criminal case.  Sub. S.B. 330, proposed by Senator Joe Schiavoni would apply to both misdemeanor and felony charges. "They have been through things that most of us haven't," Schiavoni said. "It's so, so important we consider that before they get thrown into jail and their problems aren't handled properly." Schiavoni says the bill has bipartisan support from both legislators and judges.Here is one version of the key language in the bill requiring consideration of military service at sentencing: (F) The sentencing court...

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MADD’s Legislative Agenda Moving Forward

As we have long warned in this blog, MADD and its allies in government are working hard to implement harsh measures that will test every person who gets into a car without their consent for alcohol impairment.  Yesterday,  the National Transportation Safety Board has officially urged every state to "require all convicted drunken drivers, including first-time offenders, to use devices that prevent them from starting a car’s engine if their breath tests positive for small (non-impairing) levels of alcohol."  This would require a legislative change in Ohio OVI law which now requires such devices only for multiple offenders.The board also urged...

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OVI in the Xenia Municipal Court

IF YOU ARE ARRESTED IN XENIA, CEDARVILLE OR BELLBROOK YOUR CASE WILL BE HEARD IN THE XENIA MUNICIPAL COURT Xenia Municipal Court, and the honorable Michael Murry, has jurisdiction over OVI/DUI violations of any ordinance of any municipal corporation within its territory.  The Xenia Municipal Court has jurisdiction for the cities of Xenia and Bellbrook; the villages of Yellow Springs, Cedarville, Jamestown, Spring Valley, and Bowersville; and the townships of Sugarcreek, Xenia, Cedarville, New Jasper, Silvercreek, Ceasarcreek, Miami, Jefferson, Ross, and Spring Valley. The Court’s jurisdiction also includes four college campuses: Central State University, Wilberforce University, Cedarville College, and Antioch College.  Law enforcement agencies located within the jurisdiction of the court include:...

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Is The Smell Of Alcohol Enough To Justify Field Sobriety Testing?

Standardized Field Sobriety Tests: Is Smell Enough? Some Ohio courts have upheld determinations that the mere presence of a moderate to strong odor of alcohol, coupled with a proper initial stop, is sufficient to justify the administration of field sobriety tests. See, e.g., State v. Tackett, 2d Dist. No. 2011-CA-15, 2011-Ohio-6711 (“[t]his court has, however, repeatedly held that a strong odor of alcohol alone is sufficient to provide an officer with reasonable suspicion of criminal behavior”). See also State v. Schott, 2d Dist. No. 1415, 1997 Ohio App. LEXIS 2061 (May 16, 1997); State v. Haucke, 2d Dist. No. 99 CA...

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Driving and Drugs: Ohio’s Per Se Marijuana Law

 Wondering if you can get charged with an OVI from Marijuana? While it is well established that alcohol consumption increases accident risk, evidence of marijuana's culpability in on-road driving accidents and injury is far less clear. Although acute cannabis intoxication following inhalation has been shown to mildly impair psychomotor skills, this impairment is seldom severe or long lasting.  According to the US Department of Transportation, National Highway Traffic Safety Administration. State of Knowledge of Drugged Driving: FINAL REPORT. op. cit., "Experimental research on the effects of cannabis ...

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Arrested for OVI in Mason?

Mason is the largest city in Warren County and home to both the Great Wolf Lodge indoor waterpark and Kings Island amusement park.  If you are arrested on suspicion of OVI in Mason or Deerfield Township, your misdemeanor DUI case will be heard in the Mason Municipal Court.  The Mason Municipal Court is located at 5950 Mason-Montgomery Rd, Mason, Ohio 45040 and you can reach the court at (513) 398-7901 or by fax at (513) 459-8085.  The Honorable D. Andrew Batsche is the presiding Judge of the Mason Municipal Court.  The Honorable Eddie Lawson serves as Chief Magistrate for the Court.  The Court...

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