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Dayton DUI Attorney Charles Rowland > Uncategorized (Page 20)

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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Are You The Best OVI Attorney?

Are you the best OVI attorney? Often a prospective client will ask if I am the "best OVI attorney."  I always answer this question by saying that I am a damn good OVI attorney, but you should investigate me to determine if I am the best attorney for your case.  The most important decision you will make in your case is determining who will represent you.  Here are some things to help you find the right OVI attorney to handle your case.How Much Of Your Practice Is Dedicated To OVI Defense?  OVI defense is a complex area of law involving forensic science,...

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Xenia OVI Lawyer

You may be thinking, I’m in trouble, I’m going to lose my license, and I may even end up in jail after being arrested for OVI in Xenia, Ohio. The truth is if you are convicted of DUI (now called OVI) in Ohio, there are serious consequences according to Ohio drunk driving laws. But what you may not realize is that there are defenses in an OVI case. A good drunk driving defense lawyer can save you from harsh consequences. Remember, this isn’t an open and shut case. There are ways to defend a Xenia OVI. That’s why right now is the best time to contact experienced attorney Charles M....

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Super Bowl DUI Patrols 2013

This weekend, more than 81 local law enforcement agencies around the state will be conducting more than 1,925 hours of enforcement activity and 1,100 hours of saturation patrols, funded by federal grants provided through OTSO.  The FBI compared saturation patrols vs. checkpoints in Ohio, Missouri and Tennessee.  The study showed that "Overall, measured in arrests per hour, a dedicated saturation patrol is the most effective method of apprehending offenders (Source: FBI Law Enforcement Bulletin, January 2003).  As this author has long argued, the saturation patrol is also more in keeping with American standards of justice than a checkpoint, as officers...

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ALS Appeal: Refusal or Obstruction? (by Dayton DUI)

Often, our clients will tell us that they could not produce a sufficient sample for the requested chemical test.  "I kept trying, but I just could not blow long enough to satisfy the officer."  If they hope that this information will prevent the imposition of an Administrative License Suspension, they may be disappointed.  Ohio DUI law sets a high bar for overcoming the presumption that law enforcement was not at fault for your failure.The validity of a refusal based on physical incapacity to submit a sample requires a factual finding by the court in favor of the accused. Wilder v....

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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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Ohio DUI Defense

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Huber Heights, Beavercreek, Centerville, Springboro, Franklin and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitterupdates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook,www.facebook.com/daytondui and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to...

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Should Ohio Increase The Limits On Alcohol In Its Beer?

Ohio Needs Stronger Beer! State Rep. Dan Ramos, D-Lorain, will re-introduce a proposal this year to increase the legal limit on the amount of alcohol allowed in beer sold in Ohio.  Once the bill is submitted and approved it will receive a dedicated House Bill Number.  This can take 1-3 months.Right now, the limit is 12 percent alcohol by volume. Ramos' proposal would boost that to 21 percent.  The proposal has been previously introduced in the state legislature before but failed to gain approval. Ohio craft beer drinkers have long complained that they can't buy such high-alcohol specialty brews.  For Ohio growing...

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Top Selling Alcohol Brands in Ohio (by Dayton DUI)

The sale of spirtuous liquor reached a record level in Ohio last year, increasing 7 percent to $849 million, according to the Ohio Department of Commerce's Division of Liquor Control.  By gallons sold, here are the top 10 selling brands:1. Kamchatka Vodka, 364,914 gallons2. Jack Daniels Tennessee Whiskey, 355,068 gallons3. Bacardi Superior Light Rum, 287,378 gallons4. Absolut Vodka, 281,898 gallons5. Crown Royal Canadian Whiskey, 281,295 gallons6. Captain Morgan Spiced Rum, 279,512 gallons7. Smirnoff Vodka, 271,204 gallons8. Jagermeister, 256,526 gallons9. Black Velvet Canadian Whiskey, 231,888 gallons10. Korski Vodka, 229,404 gallons Related articlesState liquor sales reach record high Ohio State Patrol To Enforce Dram Shop Laws Ohio liquor sales reach record level Ohio...

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R.C. 4511.181, Prior Convictions

Ohio Revised Code 4511.181 sets forth the law of prior convictions in Ohio.  It states that "equivalent offenses" can include:A state OVI under 4511.19(A); A state OVUAC offense under 4511.19(B); [often referred to as a "baby" DUI or an "juvenile" DUI] A violation of a municipal OVI ordinance; Involuntary manslaughter due to impairment, R.C. 2903.04(D); Aggravated vehicular homicide, vehicular homicide or vehicular manslaughter due to impairment, R.C. 2903.06(A)(1); Aggravated assault due to impaired driving, R.C. 2903.08(A)(1); Other state aggravated vehicular homicide, vehicular homicide, vehicular manslaughter offenses under R.C. 2903.06, R.C. 2903.08 or former R.C. 2903.07 based on a finding of impairment; A violation of a municipal ordinance...

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