The Importance of the Burden of Proof

September 11th, 2014 by DaytonDUI No comments »

burden of proofWe want our judges to stand up for the highest tenets of justice and apply the burden of proof in a fair and impartial way – especially when the pressure is on.  Here is a very pertinent quote from the Charlotte Observer.

The law presumes every citizen innocent, even when charged with DWI. A judge violates the judicial oath when he or she presumes that a citizen charged with DWI is guilty, gives greater weight to the state’s evidence, is

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Alcohol And Your Body: A Primer

September 8th, 2014 by DaytonDUI No comments »

alcoholAbout 20% of the alcohol (actually the impairing substance is ethanol) in your beverage is absorbed in the stomach and the remaining 80% is absorbed in the small intestine.  How fast it is absorbed is dependent on various factors.

  • The higher the percentage in the beverage, the faster the absorption;
  • Are you mixing? Carbonated beverages tend to speed up absorption;
  • Hungry? Food in your stomach slows down the absorption;

When it is absorbed it looks for the water in your [Read the full post. . .]

OVI Trial Practice: Admission of the Alcohol Influence Report

September 5th, 2014 by DaytonDUI No comments »

alcohol influence report

The Alcohol Influence Report is a document prepared by the arresting officer noting each and every indicator for alcohol impairment that they took note of in their investigation.  Most of the forms require that the officer simply check the predetermined indicator.  Not surprisingly, all the officer’s observations fall neatly into these predetermined areas. The report is a document of the officers opinions and should not be considered routine ministerial reports of a non-adversarial nature.   Clearly, letting the jury have this [Read the full post. . .]

Driving Is A Right Not A Privilege

September 3rd, 2014 by DaytonDUI No comments »

driving is a rightDriving Is A Right!

Have you ever been told that “driving is a privilege?” Bah! This author argues that the DUI case law needs to be expanded to include “driving” as a fundamental right under the First Amendment’s Freedom of Assembly. Thus, the analysis should be under the substantive due process analysis not simply under the procedural due process analysis. Because the human rights of freedom of movement, right to earn a living and the right to peaceably assemble are [Read the full post. . .]

Happy Labor Day from Charles Rowland and DaytonDUI

September 1st, 2014 by DaytonDUI No comments »

Happy Labor DayHappy Labor Day My father started out in the Brotherhood of Railroad Trainmen which became the United Transportation Union.  My Mom was a proud member of the American Federation of State, County and Municipal Employees (AFSCME).   Without the good wages and benefits provided by their shared sacrifice, I could never have gone to college.  Charles M. Rowland II salutes America’s hard-working men and women and joins in our shared hopes that all who seek work can find a [Read the full post. . .]