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Dayton DUI Attorney Charles Rowland > Uncategorized (Page 14)

Danger on Ohio’s Rural Roads

If you drive on Ohio's rural roads, you may be in greater danger than if you drive in a city.  In this story from WBNS-10 TV in Columbus, we learn that while traffic deaths are down across Ohio, your chance of a fatal accident is greater on Ohio's rural roads. "Numbers from the Ohio Highway Patrol show that on average, more than 500 people have died in rural road fatal crashes since 2010. That's more than double the fatal crashes on urban roads during the same time."  According to the patrol, over the past five years, fatalities on Ohio's rural roads...

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Asserting An Affirmative Defense In An OVI

In an Ohio OVI, a defendant may rely on an affirmative defense.  The Ohio Revised Code 2901.05(C) recognizes an affirmative defense to certain crimes and offenders. If an affirmative defense is asserted, the burden of proof is on the defendant to prove the affirmative defense by a preponderance of the evidence. The following are the affirmative defenses are recognized:Entrapment Insanity Self-Defense Intoxication Duress BlackoutIf you plan to assert an affirmative defense, it will be raised at the trial stage and not in a pre-trial motion.  Often, the biggest hurdle in the assertion of an affirmative defense will be crafting the affirmative defense and having the court...

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Standardized Field Sobriety Tests – An Infographic

This info graphic describes the science behind the standardized field sobriety tests (spoiler alert: There isn't much).  Field Sobriety Tests are commonly known as the roadside activities that police officers ask drivers to perform if the officer suspects that the driver is impaired by alcohol or another impairing substance. We call them “stupid human tricks.”  Contrary to popular understanding and belief, many of these tests have little basis in science, and the ones that do are frequently performed incorrectly.You are also subjected to a great variance in the officer’s understanding of the tests and his or her ability to competently administer...

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Is This The End of Drunk Driving Arrests?

Will there still be drunk driving arrests in the future?  This is the question raised by Money Watch and CBS in the article about autonomous cars, "Will Your Car Be Driving Itself By 2020?"  According to the article,  "[i]t all sounds like science fiction: cars that drive themselves, navigate streets and avoid crashes. But last week Nissan said it would have such "autonomous cars" to sell by 2020. And General Motors chimed in that it may have a similar model by then."  The government is not as convinced. "The car--no matter how automated--is not yet ready to be more than a co-pilot,"...

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DUI Blitz Planned Along I-75 Corridor

DUI Blitz - If you are driving along 1-75 this weekend, be prepared for an enhanced police presence.  The 6-State Trooper Project includes the Ohio State Highway Patrol, Kentucky State Police, Indiana State Police, Pennsylvania State Police, West Virginia State Police and the Michigan State Police.The Ohio State Highway Patrol will be joining forces with other members of the 6-State Trooper Project to focus on crash causing violations.  Troopers will be targeting safety belt, aggressive driving, and OVI related violations along the Interstate 75 corridor.  The initiative will take place from February 21, at 12:01 a.m. through February 23, at...

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Operating A Vehicle After Underage Consumption: Ohio’s Juvenile OVI Law

Ohio has made illegal the practice of operating a vehicle after underage consumption (OVUAC).  O.R.C. 4511.19(B) makes it illegal for persons under 21 years of age to drive a vehicle with a concentration of .02 percent, but less than .08 percent by weight of alcohol by whole blood or breath, or with an equivalent amount by blood serum or plasma or urine.  (1994 S.B. 82, eff. 5/4/94).  In 2004, amended R.C. 4511.19(B) renamed the offense “operating a vehicle after underage consumption” (OVUAC).  These quasi-zero tolerance levels are justified by the fact that this age group accounts for a “disproportionate share of alcohol-related accidents.”...

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Ohio’s OVI Forfeiture Law: Can I Sell My Car Before It Gets Forfeited?

Under Ohio's OVI forfeiture law, you are not permitted to sell your car if it is subject to forfeiture.  Ohio's OVI forfeiture law is set forth at R.C. 4511.19(G)(1)(b), (c), (d) and (e) and R.C. 4503.233.  Ohio's OVI forfeiture law applies only when:the vehicle is registered to the offender; the vehicle was used in the incident; it is the offender's 3rd OVI conviction within 6 years; it is the offenders 4th or more OVI conviction within 6 years OR 6 within 20years; the offender has a prior felony OVI convictionIn any of these situations, if the title to the motor vehicle that is subject to an order...

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OSP Announces Super Bowl DUI Blitz

This week, the Ohio State Highway Patrol announced that they will conduct a Super Bowl DUI blitz.   The Super Bowl blitz is a joint operation of the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA), along with the National Football League (NFL) and Techniques for Effective Alcohol Management (TEAM) Coalition, have joined forces with the Ohio State Highway Patrol and the Ohio Traffic Safety Office (OTSO).  More than 99 local law enforcement agencies around the state will be providing extra enforcement funded by federal grants provided through OTSO.  During last year’s Super Bowl, the Patrol made 63 OVI...

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Dayton OVI Attorney Charles Rowland named 2014 Super Lawyer

For the second year in a row, Dayton OVI attorney Charles M. Rowland II has been named an Ohio Super Lawyer. This prestigious list features only the best of the best attorneys in Ohio. Attorneys on the list received the highest point totals in the Super Lawyers selection process.Dayton OVI attorney 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...

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OVI Task Force Blitz Along US 27 This Weekend

As reported HERE in the Journal-Post, the Butler County and the Hamilton County OVI Task Force with the assistance of the Ohio State Highway Patrol will conduct an OVI Blitz along each county stretch of U.S. 27 on Friday and Saturday.  Police agencies not situated near U.S. 27 will also have additional officers in their jurisdictions looking for impaired drivers. Ohio DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving...

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