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Top 10 Defenses To An Ohio OVI

00Illegal Police Stops

ohio oviOhio OVI – When people need an Ohio OVI Attorney, the biggest challenge is knowing whether or not an attorney truly has the skills, knowledge, training, tools, resources, and strategies that are needed to successfully resolve and win drunk driving cases. Countless attorneys handle impaired driving cases,  but only a very small percentage have the skills, knowledge, training, tools, resources, and strategies that are needed to successfully resolve and win cases. Unfortunately for the public, even attorneys who have been practicing law for many years and devote a significant portion of their practice to OVI law, often don’t have the skills, knowledge, training, tools, resources, and strategies that are needed to successfully resolve and win DUI cases. Make sure your attorney is  familiar with these “TOP 10” defenses to an Ohio OVI.

1. Hire The Best DUI Attorney: The most important decision that you can make in defending your case is hiring the right OVI defense attorney.  OVI defense involves understanding Ohio’s complex impaired driving  laws, the Ohio Administrative Code, the breath test device, standardized field sobriety testing (administration and interpretation) and all manners of science which may affect your case. Defense begins with an attorney who has the experience to fight your case, the scientific knowledge to attack in the right places, and the skill to negotiate with the prosecuting attorney to secure the best outcome.  We have written “How To Hire An Ohio OVI Attorney” to help you understand some issues you may not consider.

2. Illegal Police Stop: If the officer lacked proper cause to initiate a traffic stop, your case may be dismissed.  The Fourth Amendment requires an officer have a reasonable suspicion that a crime is being committed or about to be committed before making a traffic stop. Reasonable suspicion may consist of any minor traffic offense, such as speeding, weaving, an accident, expired plates, or a failure to activate headlights.  Upon being stopped the officer must establish an articulable reason to continue your detention to do an alcohol/drunk driving investigation.

3. Improper Administration of Standardized Field Sobriety Tests: If an officer improperly administers the field tests, gives faulty instructions, misunderstands how to administer the tests or holds the accused to impossible standards, then the botched tests amount to nothing more than “Stupid Human Tricks.”  Standardized Field Sobriety Tests (SFST) were developed by the National Highway Traffic Safety Administration (NHTSA) to help determine the level of intoxication of a driver without chemical testing. When an OVI suspect refuses a chemical test, the tests can be substantial evidence of intoxication.  The NHTSA has guidelines as to how the standardized field sobriety tests must be given. If the arresting officer fails to substantially comply with the guidelines established by the NHTSA, then the results of the tests are not admissible as evidence against the defendant. Your Ohio OVI defense attorney will be familiar with the standardized tests, the NHTSA manual and have experience cross-examining an arresting officer.

4. Faulty Interpretation of the Standardized Field Sobriety Tests: The officer may say all of the right things to get a valid field sobriety test, and still improperly interpret what he or she is seeing.  Your Ohio DUI defense attorney will review any video of the stop to make sure that your fields tests were fairly administered and properly scored.  Arresting officers can (and do) misinterpret the performance of the SFST’s, and determine the performance to be a failure. The dashboard video and aggressive cross examination of the arresting officers will determine whether a DUI defendant actually failed the SFST’s, or if the officer made a mistake. If the defendant did not fail the SFST’s, the results will serve as evidence that the defendant was not intoxicated.

5. Unlawful Arrest Not Supported By Probable Cause:  Assuming the officer has made a valid traffic stop, he or she must continue the investigation until probable cause exists for an OVI arrest.  Often, an officer intending to determine whether probable cause exists for an OVI arrest will make the arrest before this determination is made. When this happens, the officer has made an unlawful arrest, and all evidence obtained after the arrest may be deemed inadmissible in court.  Placing a suspect in a patrol car or ordering a suspect to follow directions before determining a suspect’s sobriety may constitute an unlawful arrest. If so, any evidence obtained regarding intoxication may be deemed inadmissible in court.

6. Officer Error Prior To Chemical Testing: If any statements are made after the accused is in custody, they may excluded unless a proper Miranda warning was given.  The officer must also satisfy a 20 minute observation period prior to administering an evidential breath test.  The breath test must be given within three hours of operation.  The officer must make sure that the testing conditions are free from radio frequency interference and that the testing location is not otherwise compromised.  Prior to requesting a suspect to submit to a chemical test, the arresting officer is required inform the driver of the consequences of submitting to the test, the driver’s right to refuse to submit to the test and the consequences for so refusing. If the driver submits to the test, he may be providing the State with evidence of intoxication. Failure of the arresting officer to advise the suspect of the above may render the results of the test, or the refusal inadmissible, and may fail to justify a license suspension.  Your Ohio OVI defense attorney should have a firm understanding of the Ohio Administrative Code and its requirements for a proper chemical test.

7. Bad Breath: A Flawed Breath Machine: Above we discussed defenses that arise prior to the administration of the chemical test.  There are also potential defenses present in the administration of the test. You Ohio DUI defense attorney will be familiar with the Ohio Administrative Code requirements regarding calibration and officer performance.  You should ask your Ohio OVI defense attorney to show you the “guts” of the tests that are available at the Ohio Department of Health website.  What is more, you should only hire an attorney who has become certified on the breath test machine or attended sufficient specialized training so that he or she can spot any issues with the results.  Machines, despite what some may say, are far from perfect and often a keen eye will result in a “Not Guilty.”

8. Discovery, Discovery, Discovery: Your Ohio DUI defense attorney cannot defend you against an issue he or she does not know exists.  An experienced DUI defense attorney will get proper discovery to explore every possible defense.  Filing motions for discovery, motions to preserve evidence and expeditiously obtaining the evidence is a good start.  In every DUI case, I submit a comprehensive discovery request for every type of evidence possible.   I contact the law enforcement agency directly to place it on notice to preserve evidence, such as dashboard videos and booking videos. These videos must be requested before they are destroyed. These videos can be indispensable in establishing exactly how a field test was administered, how a driver performed, and can also establish whether a driver’s speech was slurred. Often, these videos contradict an officer’s allegations and exonerate the driver.

9. Credibility Is King:  The coin of the realm in all plea negotiations is the credibility, experience and knowledge.  Credibility comes from presenting your case in a way that makes the prosecutor understand your arguments.  Experience is knowing when and where to be persuasive.  Most prosecutors distain whiners, bullies and bullshit artists, so don’t do it.  I always strive to earn the respect of every prosecutor I come into contact with.  Knowledge about Ohio DUI defense comes from being dedicated to learning as much as you can.  We once had a slogan that said, “Is your attorney thinking of DUI defense right now? If not call DaytonDUI.”  I have practiced DUI defense since 1995 and have practice DUI defense exclusively for many of those years.  I continue to try to establish myself as one of the best DUI attorneys in Ohio.

10. Noting Matters If You Won’t Fight: You can have the best defenses in the world, but they won’t matter unless you pursue them.  A good attorney will not only pursue the best possible plea, but will prepare for trial.  Your attorney should provide context and give you enough information to make a good decision.  Your attorney has an obligation to give you information and abide by your decision.  If you think you have a good chance of winning, make sure you hire an attorney who can execute and try your case.  In our office we say “good things happen at trial.”

DUI Defense In “My Cousin Vinny”

00DUI Court ProcessTags: , , , , , , , , , , , , , , ,

dui defense attorney

DUI defense is never far from my mind.  I was reminded of this last weekend watching one of my favorite movies, “My Cousin Vinny.” In the movie, a novice New York attorney (Joe Pesci) heads to the deep south to defend his cousin and his friend in a high-profile murder case.  He is met with a hostile judge and a pompous attorney who are hell bent on seeing the two kids put away for murder. Consequently, comedy ensues.

Because of his inexperience, Vinny has a hard time at trial. Especially relevant is his lack of understanding of criminal procedure. However, he makes a comeback. In the course of the trial the prosecutor call George Wilbur (James Rebhorn) as an expert for the State.  Vinny objects.

Vinny Gambini: I object to this witness being called at this time. We’ve been given no prior notice he’d testify. No discovery of any tests he’s conducted or reports he’s prepared. And as the court is aware, the defense is entitled to advance notice of any witness who will testify, particularly to those who will give scientific evidence, so that we can properly prepare for cross-examination, as well as to give the defense an opportunity to have the witness’s reports reviewed by a defense expert, who might then be in a position to contradict the veracity of his conclusions.

[there is a short pause as Judge Haller appears caught off-guard by Vinny’s sudden compentence with knowledge of the law]

Judge Chamberlain Haller: Mr. Gambini?

Vinny Gambini: Yes, sir?

Judge Chamberlain Haller: That is a lucid, intelligent, well thought-out objection.

Vinny Gambini: Thank you, Your Honor.

Judge Chamberlain Haller: [firm tone] Overruled.

The State’s witness is the special automotive instructor of forensic studies for the FBI. He testifies that the tire marks left at the scene of the crime match the tires of the vehicle driven by Vinny’s clients.  “Same tires,” says the prosecutor. In addition to the science, the witness has all of the traditional indicia of credibility due to an outstanding education and an authoritative command of the courtroom.  The only problem with his testimony is that he is DEAD WRONG!  In the movie the kids are saved by out-of-work hairdresser Mona Lisa Vito (Marisa Tomei) whose real world expertise proves that the car did not match the tire tracks left at the scene.

In DUI defense we are almost always faced with police officers and forensic experts who are clothed in the traditional indicia of credibility.  In addition, DUI defense attorneys also face a machine that the state of Ohio has exempted from scientific challenge. The only thing that our clients have going for them is us! As a result, you need to have an attorney you can depend on.

I also take pleasure in proving the machine and the State’s witnesses wrong.  It is said that DUI is the most frequently mis-charged crime in the United States.  When you can get a jury to see an error it is as dramatic as anything Hollywood can produce. Furthermore, it is a feeling that most attorneys, especially me, strive to have as much as humanly possible.  Maybe one day I will have the opportunity to deliver the opening statement that Vinny Gambini uses in the movie…

Vinny Gambini: [opening statements] Uh… everything that guy just said is bullshit… Thank you.

I dedicate my practice to defending the accused drunk driver in the Miami Valley and throughout Ohio. I have the credentials and the experience to win your case. You can be sure that I want to be Dayton’s choice for drunk driving defense. Contact me by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671.  You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500.  Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog.  You can email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  Finally, you should keep my motto in mind,  “All I do is DUI defense.”

To learn more about DUI defense check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgHuber HeightsOakwoodBeavercreekCenterville

 

Are You The Best DUI Attorney? Here Is My CV…

00Other Areas & InterestsTags: , , , , , , ,

best dui attorneyAre You The Best DUI Attorney?

Someone called my office the other day and demanded an answer. “I want the best DUI attorney, Is that you?” Believe it or not, I have encountered this question a few times. I always answer by saying, “I have experience, credentials and a great track record, but you should sit down with me and see if I’m right for you.”  The truth is that you have to choose an attorney who is qualified.  Once they pass that test, you have to judge them on a more intuitive level. Do you like them? Has their staff treated you well? Can you get to their office easily? Does the attorney answer your questions? How much will you pay?

What Do You Think?

All of these factors musts be taken into account. I may be the best attorney on paper, but if you do not believe you can put your full faith and trust in me, you should consider another attorney. So where does that leave us? I hope that after reviewing my credentials you will call my office and sit down with me for a free consultation.  If this article raises any questions, please contact me and I’ll do my best to give you an answer.

As always, thanks for taking the time to review DaytonDUI and all of the hard work I have put into becoming the best DUI attorney I can be. Remember my motto, “All I do is DUI defense.” (BTW, I have no idea how the indentations will turn out below!)

 

____________________________________________________________________________________________________

Charles M. Rowland II, Esq.

2190 Gateway Dr., Fairborn, Ohio 45324, (937) 318-1384, toll-free 888-769-5263

CharlesRowland@CharlesRowland.com

         

Accomplished trial attorney with over 20 years of experience seeking an epic third act.

Experience

Babb & Rowland, LLC, 2005-present

Managing partner of a small law firm with a diverse suburban practice. I limit my practice to criminal litigation and drunk driving defense.

1st attorney in Ohio certified on the Intoxilyzer 8000 breath test machine

1st attorney in Ohio to earn Forensic Sobriety Assessment Certification

1st attorney in Ohio trained in Drug Recognition Expert protocol

Completed Standardized Field Sobriety Test Training

Completed certification on the BAC DataMaster breath test machine

Founding member, American Association of Premier DUI Attorneys

Founding member, DUI Defense Lawyers Association

Fellow to the American Bar Foundation

Fellow to the Ohio State Bar Foundation

President, Greene County Bar Association

National College for DUI Defense

Author/editor: Anderson’s Ohio Civil Practice, 2008 ed.

Author of the DaytonDUI blog, 18,000+ articles related to criminal defense

Frequent lecturer and presenter on topics related to criminal defense

 

City Prosecutor, 1999-2000

Served as acting prosecutor and acting law director at the Xenia Municipal Court. Handled all aspects of the criminal docket including trials, appeals, office management and long-term planning.

 

Cox, Keller & Rowland, 1995-2005

Handled all aspects of complex civil litigation focusing on construction law and the Ohio Consumer Sales Practices Act, criminal, family, juvenile and personal injury.

Babb & Rowland, 2005-present

Managing partner of one of the Miami Valley’s premier legal teams. We dedicate each day to becoming the leading attorneys in our field.

 

Education          

 

Ohio Northern University, J.D., 1995

        H.E. Ashcroft Memorial Scholarship Recipient, Order of the Barristers, Ohio Northern Moot Court Executive Board, Associate Justice.

Top 25% of graduating class, Visiting Scholar, University College London, Bentham Faculty of Laws, London, United Kingdom

 

Wright State University, B.A. Political Science, 1992                

University Honors Scholar, Honors in Political Science, Magnum Cum Laude, Phi Kappa Phi Honors, Minor in Sociology: Concentration in Criminal Justice

University Honors Scholar, Political Science Departmental Honors Academic Letter Award for excellence in Mock Trial Competitions, Student Ambassador to the People’s Republic of China

Service

 Beavercreek City Board of Education, 2002- 2008

          Elected twice to serve a four-year term administering an “Excellent” school district. Co-recipient of the 2006 Beavercreek Chamber of Commerce Education Award.

 TCN-BHS (Greene County’s Mental Health Provider), 1999- 2007

Worked with the Eastern Miami Valley ADMHS Board and the Greene County Commission to assure   proper services for mental health patients in Greene County. 2004 Ohio State Bar Foundation Community Service Award.

Greene County Police Academy, 2008-present

Teach a twice-yearly portion of the police academy wherein cadets are subjected to a live mock trial and intensive cross-examination.

Greene County Transit Board, 2015-present

Provide safe, reliable, and accessible public transportation for the residents of Greene County with special attention to those who are transportation disadvantaged in coordination with agencies, organizations, businesses, and local  governments.

 Wright State University, adjunct professor, 2008

Served as an adjunct professor for the University Honors Department teaching introductory political science in conjunction with the 2008 Presidential election.

Writer and Presenter

Authored and co-edited the 2008-2009 edition of Anderson’s Ohio Civil Practice

Authored over 18,000+ articles for the DaytonDUI blog. The blog has been  included in the prestigious American Bar Association Journal and LawBlogs.net.

Frequent speaker to groups including: Ohio NORML, Miami Valley NORML, Ohio Northern University (Debate on Heroin), St. Luke’s Catholic Parish (Debate on Death Penalty), Ohio Crime Club, Ohio Municipal and Prosecuting Attorneys

(Intoxilyzer 8000 Implementation), Dayton Bar Association, Greene County Bar Association, WHIO radio (regularly appeared on the “Brews Brothers” show to talk DUI law).

 

Clubs and Activities

Honorable Kentucky Colonels, Free & Accepted Masons, (Dayton Lodge 147),  Ancient Accepted Scottish Rite of Freemasonry, (Valley of Dayton)

 

I hope that reviewing my credentials I pass the “best DUI attorney” test for you. Thanks for considering me. 

 

vandalia ovi

Vandalia OVI? Call Charlie

00Vandalia DUI AttorneyTags: , , , , , , , , , , , , , ,

Vandalia OVI?

vandalia oviHire a Vandalia OVI attorney and learn more about the court. Vandalia Municipal Court’s jurisdiction serves approximately 83.5 square miles, which includes the Cities of Vandalia, Englewood, Clayton, Union and the Townships of Harrison and Butler, located in the Montgomery County, Ohio.  The Court is located on the 2nd floor of the Justice Center at 245 James E. Bohanan Memorial Drive, Vandalia, Ohio. Hours of operation are  Monday through Friday, 8:00 a.m. to 4:00 p.m.  The honorable Cynthia M. Heck is the elected judge of the Vandalia Municipal Court and will preside over your case.  In addition to Judge Heck, you may also appear before the Vandalia Municipal Court Magistrates: Bonnie Beaman Rice and Fred M. Izenson.

I have been going to the Vandalia Municipal Court for over twenty years. Handling cases for real people is why I went to law school.  It is why I returned to my hometown. I am grateful to all of the people who have placed their trust in me. I will continue to work hard. My motto says it all, “All I do is DUI defense.” Schedule a free consultation today. Even if you do not hire me, you will learn a lot about your case. Check out the rest of this blog for info on all OVI-related topics. 

Contact Me At (937) 318-1384

Vandalia OVI Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in theVandalia and throughout Ohio.  He has the credentials and the experience to win your Vandalia OVI case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671.  You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App (here) or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500.  Follow DaytonDUI on FacebookTwitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog.  You can email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

 Keywords in this article: Vandalia OVI, Vandalia OVI Alcohol Diversion Program

Ohio Medical Marijuana Law: The 20 Qualifying Conditions

00DUI, Drugs & Driving

IMPLEMENTATION OF THE OHIO MEDICAL MARIJUANA LAW

In June, Gov. John Kasich signed the Ohio Medical Marijuana Law, making Ohio the twenty-fifth state to legalize a comprehensive medical cannabis program. HB 523 provides that certain specific diseases, syndromes, disorders and ailments qualify for the program.  I have been inundated with questions about what will qualify under the law.  Here is the complete list (subject to change by regulators) that Ohio has chosen.

  • Acquired immune deficiency syndrome(AIDS/HIV)
  • Alzheimer’s disease
  • Amyotrophic lateral sclerosis (ALS)
  • Cancer
  • Chronic traumatic encephalopathy (CTE, the degenerative disease most commonly found in football players and other athletes in contact sports)
  • Crohn’s disease
  • Epilepsy or another seizure disorder
  • Fibromyalgia
  • Glaucoma
  • Hepatitis C
  • Inflammatory bowel disease
  • Multiple sclerosis
  • Pain (either chronic and severe pain or intractable pain)
  • Parkinson’s disease
  • Post-traumatic stress disorder (PTSD)
  • Sickle cell anemia
  • Spinal cord disease or injury
  • Tourette’s syndrome
  • Traumatic brain injury (TBI)
  • Ulcerative colitis
  • Any other disease or condition added by the state medical board under section 4731.302 of the Revised Code

Stay tuned to this blog for updates and changes as the law is implemented.

DO NOT DRIVE IF YOU IMBIBE.

ohio medical marijuanaWe have also warned you that Ohio’s OVI law, as currently written, makes driving with a metabolite of marijuana a crime. Ohio is one of only six states to choose a per se limit for marijuana.  Worse yet, they have made the chemical metabolite illegal.  Why is this bad? Firstly, the metabolite cannot scientifically be an impairing substance.  It cannot breach the brain-blood barrier, thus it cannot enter the brain. Secondly, the appearance of a metabolite is in no way related to WHEN the person was impaired by cannabis.  Ohio is thereby punishing a status.

I have argued that there are at least three arguments against the current law. First, it punishes a status and not a behavior.  Second, the law is disproportionate as it applies to drivers who legally use cannabis. Third, the average woman has more body fat than the average man. The existence of the metabolite stores in fat cells. Thus, women are treated differently under the law which violated the Equal Protection clause.

If charged with violating the Ohio OVI law for use of cannabis, please give me a call to discuss the multiple ways I can help you beat the charge.  I have been a speaker, lecturer and advocate for the full legalization of cannabis for many years. I have trained as a Drug Recognition Expert. Further, I study the science of OVI impairment by marijuana and know how to defend you.  Give me a call today at (937) 318-1384 or 24/7 at (937) 776-2671.