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Beavercreek OVI Lawyer? Contact Charles M. Rowland II

00Beavercreek DUI, Greene CountyTags: , ,

Beavercreek OVI Lawyer

beavercreek OVI lawyer

If you have been arrested for OVI in Fairborn, Bath Township, Beavercreek or Beavercreek Township? You need a Beavercreek OVI lawyer. Your misdemeanor Beavercreek OVI case will be heard in the Beavercreek/Fairborn Municipal Court, 1148 Kauffman Ave. in Fairborn, Ohio.  Need to find information about a case in the Fairborn Municipal Court?  Search HERE.  For case information or visit the court’s web site HERE. I am a life-long resident of Beavercreek and I have represented the accused drunk driver in the Fairborn/Beavercreek Municipal Court since 1995.

Defending the accused drunk driver is my passion. I limit my practice to OVI law.   I own some of the most impressive credentials for OVI lawyers in the state of Ohio.  If you find yourself in need of criminal representation, a Beavercreek lawyer, in the Fairborn Municipal Court, contact me, Beavercreek OVI Attorney Charles M. Rowland II, today!  Reach me at 937-318-1DUI (318-1384), 1-888-ROWLAND (888-769-5263), or 24/7 on the after-hours DUI Hotline at 937-776-2671, by texting DaytonDUI (one word) to 50500 or by visiting www.FairbornDUI.com, or www.BeavercreekOVI.com.

Want more fun facts about why you should hire me for your Beavercreek OVI Lawyer?
  • lifelong resident of Beavercreek, Ohio (we moved when I was three).
  • Beavercreek suspended my license for speeding when I was 17 (twice).
  • graduated from Beavercreek High School in 1988.
  • my sister was Miss Beavercreek once.
  • grew up near St. Luke’s and the “Old Country Store.”
  • I drank from that cool old spring that used to be on Beaver Valley.
  • left for law school in 1992 – when I came back Beavercreek had a mall… BAM!
  • represented Beavercreek Schools for two terms on their school board.
  • carved “B’CREEK” into the Great Wall of China.
  • half-owner of the beaver that sits in the Beavercreek Police Department.
  • I  know all the good places to eat in Beavercreek.
  • I’ll do a good job with your case.

Miami Valley NORML

Is Cannabis Safe? – Dayton DUI Lawyer

00DUI, Drugs & DrivingTags: , , , , ,

CANNABIS IS SAFE!

Drugs commonly prescribed, like Oxycontin, warns users that misuse can lead to respiratory distress, addiction, overdose or death. See generally, www.Oxycontin.com (official product site). Marijuana on the other hand is relatively safe with the most commonly noted side-effect being hunger and euphoria for first time users. Caution should be exercised when giving medical cannabis to patients with a cardiovascular history, those with mental disorders, and for adolescents. Borgelt, L. M., Franson, K. L., Nussbaum, A.M. & Want, G.S. (2013). The pharmacological and clinical effects of medical cannabis, Pharmacotherapy, 33(2), 105-209.

Comparative toxicological risk assessments have placed marijuana at extremely low risk whereas alcohol and tobacco are deemed to be high risk. Lachenmeier, D.@. & Rehh, J. (2015). Comparative risk assessment of alcohol, tobacco, cannabis and other illicit drugs using the margin of exposure approach, Scientific Reports, 5. www.ncbi.nim.hih-gov/pmc/articles/PMC4311234. In comparison to heroin where national overdose deaths rose six-fold from 2001-2014. National Institute on Drug Abuse. www.drugabuse.gov/related-topics/trends-statistics/overdose-death-rates, in contrast there are no recorded cases of overdose deaths from cannabis EVER! Gable, R.S. (2006). The toxicity of recreational drugs. American Scientist, 94, 206-208.

Why is it important to inform people?

marijuana cannabisThe history of marijuana regulation is replete with outright falsehoods, demonization and racism. The association with “undesirables” and years of the “War on Drugs” have left the American public, and our law makers with the impression that marijuana is dangerous and addictive.  This is not the case.  The argument that marijuana is addictive has also been disproven. Even using the broad definition of “addiction” that is employed by the NIDA, “researchers concluded that 9% of people who ever try marijuana will be addicted at some point. National Institute on Drug Abuse. www.drugabuse.gov/publications/research-reports/marijuana/marijuana-addictive.

The age-old argument that cannabis is a “gateway drug” inviting use of harder drugs has also been turned on its head. Marijuana has become a gateway to get off the hard drugs. ” The inclusion of medical marijuana represents an important adjunctive therapy to behavioral therapy and treatment with naltrexone/Vivitrol for individuals struggling with opiate addiction. Raby, W.N. et al (2009). Especially relevant is the conclusion that intermittent marijuana use is associated with improved retention in naltrexone treatment for opiate-dependence. The American Journal of Addictions, 18, 301-308.

Our Laws Are Out of Step

Much of the law surrounding marijuana is premised on the above-cited outdated arguments.  Because of fear, legislators pass draconian laws that are out of touch with the science.  All that most people involved in the legalization/medical marijuana movement want to achieve is to have laws based on rational, scientifically smart bases. I am an OVI attorney that dedicates my practice to defending the accused impaired driver.  In my practice I see lives ruined because of the faulty laws passed by our legislature.  I do more than complain.  In addition, for over 15 years I have been part of the legalization movement. I am a member of Miami Valley NORML, Law Enforcement Against Prohibition and I have spoken to groups ranging from civic groups to the national NORML convention.  In conclusion,f you need an attorney who is experienced and dedicated, give me a call. I am at (937) 318-1384.

Non-Compliance Suspension?

00Driving Under Suspension, DUI & Driving Privileges, Ohio Traffic LawTags: , , ,

 NON-COMPLIANCE SUSPENSION

What is a non-compliance suspension? Any driver and/or owner who failing to show proof that they had automobile insurance in effect at the time of an accident/offense/random selection will lose his/her driving and registration privileges for a maximum of two years.  This suspension will stand until the following requirements are met:

  • Carry a certificate of insurance (SR-22/bond) for three years
  • Pay a reinstatement fee

If you get a second non-compliance offense, the penalty is increased. The penalty for a second non-compliance offense in a five-year period is a one-year suspension. The suspension stands until the following requirements are met:

  • Serve one-year suspension
  • Carry a certificate of insurance (SR-22/bond) for five years
  • Pay a reinstatement fee

The penalty for a third non-compliance offense in a five-year period is a two-year suspension. The suspension stands until the following requirements are met:

  • Serve two-year suspension
  • Carry a certificate of insurance (SR-22/bond) for five years
  • Pay a reinstatement fee

The suspension can be removed if valid proof of coverage at the time of the traffic stop or accident is provided to the BMV.

How Do I Fix This?

non-compliance suspensionThere are two important things you need to do. First, consult an attorney. Problems with your license not being valid can snowball. A non-compliance suspension can cause massive problems with the courts and the BMV. Charles M. Rowland II, DaytonDUI, can help you navigate through the process. Second, if you are not sure if your license is valid you can find out by going to the BMV’s website.

Depending on the reason for your driver’s license suspension, you may be able to request a hearing if you want to contest the suspension. Generally, to request a hearing/appeal your suspension, you must either:

  • Mail a written hearing request to:
    Ohio Bureau of Motor Vehicles
    P.O. Box 16784
    Columbus, OH 43216

Most administrative hearing requests must be made within 30 days after receiving your suspension notice. For more information on requesting a hearing/appeal for specific types of suspensions, read the Driver’s License Reinstatement Procedures, or contact the Ohio BMV at (844) 644-6268.

How To Reinstate Your Suspended License

To reinstate your suspended license, you’ll generally need to:

  • Wait-out the duration of your suspension.
  • Satisfy any court requirements/fines, if applicable.
  • Complete a remedial driving course, if required.
  • Retake and pass the driving knowledge and skills tests, if required.
  • File and maintain SR22 car insurance for 3 – 5 years, for non-compliance suspensions.
  • Pay your reinstatement fees.

How To Pay Your Reinstatement Fees

In addition to the steps above, your need to pay your reinstatement fee. Your reinstatement fees can be paid:

  • By mail to the address above, or the address noted on your suspension notice.
  • In person at your local Ohio BMV office.
  • By phone by calling 1-866-OPLATES (675-2837).
  • Online at the Ohio BMV website.

If you visit an OH BMV office, you may need to provide proof of your identity and Ohio residency. The Bureau of Motor Vehicles’ website provides a list of acceptable proofs.

What can you do?

  • Call my office right away.
  • Set up a free consultation.
  • Get your paperwork together.
  • Visit the suspending court.
  • Do not get discouraged.
  • Obtain your court papers.
  • Pull your driving record.
  • Copy your paperwork.
  • Copy and save your emails.
  • Make multiple inquiries.
  • Don’t give up.
  • Call the BMV before our meeting.

I have handled thousands of DUI cases. We can obtain limited driving privileges. We get your life back!

Why The Founding Fathers Opposed A Standing Army

00Ohio DUI DefenseTags: , , , , , , , ,

founding fathersJust how opposed were the Founding Fathers to a standing army?  

Their revolutionary experience of the founding fathers forged a deep mistrust of standing armies.  They viewed them as a pernicious threat to liberty. Here are just a few quotes that explain how and why the idea (what we would call a police state today) was anathema to the first Americans.

During the Virginia ratifying convention, James Madison described a standing army as the “greatest mischief that can happen.”

In addition, fellow delegate to the Constitutional Convention of 1787, George Mason put a finer point on it:

“No man has a greater regard for the military gentlemen than I have. I admire their intrepidity, perseverance, and valor. But when once a standing army is established in any country, the people lose their liberty. When, against a regular and disciplined army, yeomanry are the only defence [sic], — yeomanry, unskilful and unarmed, — what chance is there for preserving freedom? Give me leave to recur to the page of history, to warn you of your present danger. Recollect the history of most nations of the world. What havoc, desolation, and destruction, have been perpetrated by standing armies!”

Was A Standing Army A Threat To The Founding Fathers?

In addition, in The Federalist, No. 29, Alexander Hamilton echoes not only Mason’s warning against a standing army, but his solution to the threat, as well.

If circumstances should at any time oblige the government to form an army of any magnitude that army can never be formidable to the liberties of the people while there is a large body of citizens, little, if at all, inferior to them in discipline and the use of arms, who stand ready to defend their own rights and those of their fellow-citizens. This appears to me the only substitute that can be devised for a standing army, and the best possible security against it, if it should exist.

In addition, commenting on Blackstone’s Commentaries, founding  jurist St. George Tucker speaks as if he foresaw our day. He addresses the fatal combination of an increasingly militarized police force and the disarmament of civilians:

Wherever standing armies are kept up, and the right of the people to keep and bear arms is, under any colour or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction.

A Modern Look At The Issue

In an essay published in the Wall Street Journal last August, Radley Balko, author of “Rise of the Warrior Cop” presents chilling and convincing evidence of the blurring of the line between cop and soldier:

Driven by martial rhetoric and the availability of military-style equipment — from bayonets and M-16 rifles to armored personnel carriers — American police forces have often adopted a mind-set previously reserved for the battlefield. The war on drugs and, more recently, post-9/11 antiterrorism efforts have created a new figure on the U.S. scene: the warrior cop — armed to the teeth, ready to deal harshly with targeted wrongdoers, and a growing threat to familiar American liberties.

Balko rightly connects the menace of the martial police with the decline in liberty and a disintegration of legal boundaries between sheriffs and generals. The threat of the police becoming a standing army of the sort our forefathers believed to be “inconsistent with liberty” is a reality on our streets. Also, understanding the issues of law and policy raised by a militarized police force, Balko informs our understanding of the issues we are (and will be) struggling with as Americans for the next generation.

Call Charles M. Rowland II, DaytonDUI.com

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. He 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. In addition, you can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App.  Get 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.

“All I do is DUI defense.”

For more info on civil liberties and the standing army, check these city-specific sites at the following links:

Fairborn, Dayton, Springfield,Kettering, Trotwood,Vandalia,XeniaMiamisburg,Huber HeightsSpringboroOakwood,Beavercreek, Centerville

wright-patterson air force base dui

Wright-Patterson Air Force Base DUI?

00DUI & Military IssuesTags: , , , , , , , , , , , , ,

Who Has Jurisdiction Over the Wright-Patterson Air Force Base DUI?

wright-patterson air force base duiJurisdiction over DUI charges at Wright-Patterson Air Force Base may be military, civilian or both. When both entities file charges, they often coordinate to determine which will prosecute the offense criminally. Because he or she is always subject to the UCMJ, an offender cannot be tried twice criminally.  But because he or she is always subject to the UCMJ, they may face both civilian and military administrative punishment.

The place of arrest and the authorities involved typically dictate jurisdiction. An active-duty serviceperson arrested on-base and charged with DUI faces one or more of three potential proceedings. Firstly, a military nonjudicial punishment (NJP). Secondly, a non-military federal prosecution. Lastly, the service member may face a military court-martial.

NJP is administrative punishment for lesser crimes and will not result in a recorded conviction. An on-base DUI may be resolved via NJP alone, or in combination with federal prosecution in which the offender is tried according to concurrent Ohio and federal jurisdiction.

YOUR STATUS MATTERS

For active-duty personnel charged with a Wright-Patterson Air Force Base DUI, disposition via only NJP is particularly agreeable because the lack of a conviction means there is no trigger of state enhancement laws or license suspensions. Should that serviceman incur any subsequent off-base offenses, the prosecuting attorney may be unable to enhance a charge because of the original offense. Off-base driver’s license suspensions are not an option under NJP, but if found guilty the serviceman’s on-base privileges may be suspended for 1 year. Federal regulations dictate that a serviceman’s state driver’s license agency should be notified of a DUI regardless of the prosecution method (32 C.F.R. § 634.8(c) (2012)). However, Major Aaron Lykling (an author who served as a special assistant U.S. attorney at Fort Bliss, Texas) suggests this is rarely done or acted upon because of the administrative burden. (Id. at 10).

WHAT LAW APPLIES?

The majority of on-base arrests for a Wright-Patterson Air Force Base DUI are prosecuted by the local United States Attorney’s Office (USAO). Cases proceed under authority of the Assimilative Crimes Act (ACA). The ACA provides that when a person commits a crime on a federal enclave, such as a federal military base, and the crime is not a violation of any federal law, but it is a violation of the laws of the state in which the federal enclave is located. The service person may be prosecuted in federal court and subjected to similar state punishment.

How will you be notified? You will know that you are being prosecuted because you will receive a summons to appear at the United States District Court for the Southern District of Ohio. The court is located in downtown Dayton across the street from the Montgomery County Courts Building.  You can seek a local attorney (like DaytonDUI) to help you avoid having a DUI (in Ohio called an OVI) on your record.  Do not just go into court and think that the NJP will be taken into account by the federal judge or magistrate; it won’t.

Besides a local attorney concentrating in DUI law, you should speak to your Area Defense Counsel. They are uniquely qualified to tell you how your Commander has treated past cases. They will often have insight that your civilian attorney may not be able to provide. Although I do not know the legal basis for this statement, anecdotal evidence leads me to believe that they may even be able to steer a potential prosecution into an NJP. Be sure to ask them because this might be wrong in your circumstance.

WHY HIRE DAYTON DUI?

I have been representing civilian and non-civilian service members for over twenty years. In addition, I have testified on-base as an expert witness. It is a source of pride that I have worked with military counsel and area defense counsel. I have a unique skill set that can help you win. In addition, I dedicate my practice to drunk driving defense. I have been a city prosecutor, an arbitration judge, lecturer and teacher. If you want someone with a depth of experience, please call. Nothing is more important that a face-to-face meeting. We offer free consultations. You can also ask about our discounts for service members.

We are happy to address your questions. Just give Charlie a call at (937) 318-1384.