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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. 

miamisburg ovi

First Offense Miamisburg OVI? Here’s What To Expect

00Miamisburg DUI AttorneyTags: , , , , , , , , , , , , , ,

Miamisburg OVIMiamisburg OVI? I can help!

first offense Miamisburg OVI is defined at O.R.C. 4511.19 as a DUI with no priors within 6 years.  The first offense OVI can be charged in three ways.  The first charge is caused by testing over the legal limit of .08% B.A.C. (example O.R.C. 4511.19(A)(1)(d)).  These types of offenses are also referred to as “per se”  violations.  In addition, a second way to be charged is for violating the high-tier provision of Ohio’s OVI law.  Ohio has also created a per se “high-tier” limit of .17% BrAC, sometimes referred to as a SUPER-OVI.  The per se high-tier limits for a first offense OVI are set forth at O.R.C. 4511.19(A)(1)

  • (f) person has a concentration of seventeen-hundredths of one per cent or more by weight per unit volume of alcohol in the person’s whole blood.
  • (g) person has a concentration of two hundred four-thousandths of one per cent or more by weight per unit volume of alcohol in the person’s blood serum or plasma.
  • (h) person has a concentration of seventeen-hundredths of one gram or more by weight of alcohol per two hundred ten liters of the person’s breath.
  • (i) person has a concentration of two hundred thirty-eight-thousandths of one gram or more by weight of alcohol per one hundred milliliters of the person’s urine.
Appreciable Impairment Offenses

In addition, if you refuse to take a chemical test, the State might still be able to prove you guilty of a first offense OVI.  They must prove (beyond a reasonable doubt) that you  operated a motor vehicle after having consumed some alcohol, drugs of abuse, or a combination of the two and their ability to operate the motor vehicle was appreciably impaired.  How does a jury determine “under the influence?”  The following is an excerpt from the Ohio Jury Instructions:

“Under the influence” means that the defendant consumed some (alcohol) (drug of abuse) (combination of alcohol and a drug of abuse), whether mild or potent, in such a quantity, whether small or great, that it adversely affected and noticeably impaired the defendant’s actions, reaction, or mental processes under the circumstances then existing and deprived the defendant of that clearness of intellect and control of himself/herself which he/she would otherwise have possessed. The question is not how much (alcohol) (drug of abuse) (alcohol and a drug of abuse) would affect an ordinary person.

Jury Questions

Since the question is, what effect did any (alcohol) (drug of abuse) (alcohol and a drug of abuse), consumed by the defendant, have on him/her at the time and place involved, you need an attorney who can combat the State’s evidence. If the consumption of (alcohol) (drug of abuse) (alcohol and a drug of abuse) so affected the nervous system, brain, or muscles of the defendant so as to impair, to a noticeable degree, his/her ability to operate the vehicle, then the defendant was under the influence. The Ohio jury Instruction cites language from State v. Hardy (1971), 28 Ohio St.2d 89, 57 O.O.2d 284, 276 N.E.2d 247; and State v. Steele (1952), 95 Ohio App. 107, 52 O.O. 488, 117 N.E.2d 617.

“Appreciable impairment offense” is set forth at Ohio Revised Code 4511.19(A)(1)(a) which states,

(A)(1) No person shall operate any vehicle, streetcar, or trackless trolley within this state, if, at the time of the operation, any of the following apply:

(a) The person is under the influence of alcohol, a drug of abuse, or a combination of them.

First Offense OVI Penalties

The following penalties are reserved for first offense OVI offenders.  Obviously, it is in your interests to hire counsel who can assess your case and provide you with an honest assessment of your case.  Be sure to discuss the mitigating factors that your attorney should know as well as the not-so-good aspects of your case.  In addition, judges have discretion to look at many factors in fashioning a remedy and your attorney should be able to give you an idea of how to approach your case so as to minimize any potential penalties.  Here are the range of possible penalties for a first offense OVI.

  • Jail – 3 Days Minimum up to 6 Months or,
  • Driver Intervention Program – For 3 Days
  • Jail – 6 Days (If Blood Alcohol Concentration .17 or Above)
  • License Suspension – From 6 Months to 3 Years
  • Reinstatement Fee – $475.00
  • Fine – From $375 to $1,075
Party Plates (Ohio’s Scarlet Letter)

When are yellow OVI plates required?  If you are convicted of OVI in Ohio, yellow “restricted plates” are required in certain circumstances.

  • If you are convicted of OVI as a first offense, the judge has discretion to order restricted plates as a condition of granting you limited driving privileges.
  • If you are placed under and administrative license suspension, a judge has discretion to order restricted plates as a condition of granting limited driving privileges.
Is an Interlock Ignition Device Mandatory?

The device is not mandatory on a first offense OVI.  Judges have discretion to require the ignition interlock device on first offenses, but on subsequent offenses the IID is mandatory.  It is important to speak with an experienced attorney who is familiar with the judge presiding over your case to get an idea of whether or not you will likely receive an ignition interlock device on a first offense.

Immobilization

If you do not have a prior OVI offense, getting your car back is relatively easy as Ohio OVI law does not authorize immobilization as a penalty for a first offense.  So, here are the steps you should take to get your car back.

  • Locate the proper tow lot;
  • Gather enough cash (or other proper payment) to pay towing and storage fees;
  • Gather proof of ownership; and
  • If you were placed under and Administrative License Suspension, get a licensed driver to drive your car from the impound lot.

Having trouble with ANY of the items above? We will help get your car back.  Need a ride? I sometimes drive clients to the tow lot myself.  Due to high costs, move quickly in order to save storage fees.

What does a first offense OVI defense cost?

Frequently, we encounter many people who want a rational, economic justification for hiring an OVI attorney on a first offense OVI.  The only study I could find on this topic was a 2006 Texas Department of Transportation study which calculated the costs of a drunk driving conviction. “In that state showed the total costs of a DWI arrest and conviction for a first-time offender with no accident involved ranges from $9,000 to $24,000.” [source]  In addition, a story from CNBC citing that study, they speculate that total costs, absent you losing your job, could range as high as $20,000.  Because pricing your case is wildly speculative, here are some of the expenses you may realize:

  • Court costs.
  • Attorney fees.
  • Loss of job.
  • DUI “school.”
  • Temporary loss of income.
  • Car towing, impounding.
  • Alternate transportation costs.
  • Car ignition interlock device.
  • Periodic blood testing.
  • Monthly monitoring fees.
  • Cost of incarceration.
  • Increased auto insurance premiums
CONTACT MIAMISBURG OVI ATTORNEY CHARLES M. ROWLAND II

Obviously, if you were to lose your job and/or your career because of an OVI conviction, the lifetime costs skyrocket.  Insurance premiums, damages caused by personal injury or costs of restitution for property damages also cause the costs to climb.  Some of the expenses highlighted above can take years to come to fruition.  The lingering effects of having a drunk driving conviction may be with you for life.  The good news is that a good OVI attorney can significantly curb the financial detriments incurred in a OVI case.  Yes, a good attorney can save you money. While predicting what an attorney can save you is just as wildly speculative as predicting costs, it is common for many of the costs to be subject to negotiation and/or reduction.  In addition, a reduction of the charge will not only lower the possible maximum fines, but can also get rid of ugly mandatory punishments required by Ohio’s OVI statute. O.R.C. 4511.19.  Therefore, best way to explore how much a vigorous OVI defense will costs in your case, contact Charles M. Rowland for a free consultation. Finally, know that we care about our clients. For over twenty years I have been an OVI attorney. For the last 10 plus years I have practiced exclusively OVI law. I want you to win.

For more information about a Miamisburg  OVI, check out www.miamisburgovi.com.  

 

Admitting OVI Blood Tests Made Easier By Ohio Supreme Court

00Blood & Urine Tests, DUI Case LawTags: , , , , , , , , , ,

blood test

A REVIEW OF BLOOD TEST REGULATION IN OHIO

In Ohio, a blood test is administered by a crime lab or the collecting health care agency. The blood must be drawn by a licensed medical professional.  In cases where blood tests are administered by a crime lab, the Ohio DUI driver’s blood sample must be drawn within three hours of the perceived infraction.  In addition, it must be tested in compliance with regulations drafted by the Ohio Department of Health. Because of their complexity, an attorney focusing on DUI defense exclusively should be considered.

Please consult the articles on the ODH rules on this blog. The regulations include rules for collection and handling of blood samples, testing techniques, laboratory operations, permits, and records maintenance. In cases where DUI blood tests are administered by a hospital expert testimony regarding the blood test and how the result relates to impaired driving ability.

Ohio law requires you to take a blood, breath, or urine test if you are arrested for an OVI. Ohio’s “implied consent” law says that if you are lawfully arrested by an officer who has probable cause to believe that you have been operating under the influence, then you consent to taking a chemical test of your blood, breath, or urine for the purpose of determining your blood alcohol content (BAC).  The test must be taken within two hours of driving and the officer gets to choose which test you take. The question is, how strictly will the courts enforce the two-hour limit.  

OHIO SUPREME COURT ADDRESSES BLOOD TEST ADMISSIBILITY

The Ohio Supreme Court clarified their position on the refrigeration of a blood sample. They address whether strict compliance is required. Answer, no! They also clarified, with great deference to the prosecution, what substantial compliance means. Spoiler alert: it is a quickly eroding standard. In State v. Baker, Slip Opinion No. 2016-Ohio-451 the Ohio Supreme Court ruled on the admissibility of a blood test samples.  In this case a Trooper left the sample unrefrigerated in his patrol car for over four (4) hours.  The Ohio Supreme Court opinion reversed a lower court decision. The lower court ruled because the state did not strictly comply with the refrigeration requirement, the sample could not be used against the defendant. This case arose from a 2011 OVI charge that arose from accident that killed a pedestrian.

While giving lip service to the fact that strict compliance with the refrigeration rule is preferable, the Court recognized logistical issues of gathering and submitting samples may make strict compliance unrealistic in all cases. Citing State v. Plummer, where the Court in 1986 held that the failure to refrigerate a urine sample for four hours did not render the test results inadmissible, and State v. Mayl, a 2005 decision that cited Plummer, the Court determined that the failure to refrigerate a blood sample for as many as five hours substantially complied with the refrigeration requirement, permitting the sample to be used as evidence. The failure to refrigerate the defendant’s specimen for four hours and 10 minutes substantially complied with the rule and did not make the test results inadmissible per se.

OHIO SUPREME COURT CLARIFIES BLOOD TEST ADMISSIBILITY PROCEDURE

In this case, the court clarified the procedure for admitting blood-alcohol test results into evidence as established in the Court’s 2003 State v. Burnside decision.  Burnside states that to challenge a blood test result, the defendant must file a motion to suppress.  After the filing of a motion to suppress it becomes the responsibility of the state to demonstrate it substantially complied with the administrative rule. If the state proves substantial compliance, the burden then shifts back to the accused to show the failure to strictly comply made the test unreliable and prejudicial.

In opposition, a dissenting opinion was written by  Justice William M. O’Neill. While he acknowledge that strict compliance is not always realistic or humanly possible, he concluded the majority decision makes the substantial compliance standard too low for such serious cases. Therefore, he stated the decision allows for the rule to be ignored.  This blog has long argued that the “substantial compliance standard” is a fast-eroding standard that allows the court to admit evidence if the police try their best, or demonstrate a good faith effort, effectively shifting the burden of proof from the government to the defendant.

CONTACT CHARLES M. ROWLAND (DAYTONDUI) TODAY!

If you have questions about your  blood test case, please contact me at (937) 318-1384. Also, you can also hear me lecture on this topic. I will be speaking on behalf of the American Association of Premier DUI Attorneys in November. In addition to these cases, I will be giving an update on Ohio OVI law. I hope you can be there. If not, please visit the DaytonDUI blog for all things OVI. Learn about city-specific OVI courts. Due to their complexity, review the law on blood, breath and urine testing. Stay abreast of developments in the law. As a result of my focus, I hope to have the most up-to-date information. I work hard to be the best DUI in Ohio. In conclusion, I take great pride in my work.