Archive for August, 2010

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What Clients Really Want in a Lawyer Biography

August 31st, 2010

1. Yes, I will return your calls.  I have a 24 hr. number 937-776-2671.

2. No! I am not an asshole.

3. I limit my practice to DUI (now called OVI) defense.

4. Here’s my full bio from my BLOG.

5. I’m really good at DUI defense (see a blog post to that effect)

6. My clients like me (see my 10 out of 10 rating on AVVO)

7. I am on facebook and twitter.

8. Charles M. Rowland II, charlesrowland@charlesrowland.com, 937-318–1DUI (318-1384) or 1-888-ROWLAND (888-769-5263), or text DaytonDUI (one word) to 50500.

The above picture is taken from www.Law.com.
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Ohio OVI Law: Fellow Officer Rule (State v. Townsley)

August 30th, 2010

Here’s another reason never to go to a garage sale!  State v. Townsley, 2010-Ohio-3350, 5th District Court of Appeals

July 19, 2010: A retired cop and his wife were having a yard sale when they noticed the Defendant stumbling around and reeking of alcohol.  When the Defendant got into his car and drove away, the retired officer called 911 to report the scofflaw.  Approximately twenty minutes the Defendant is stopped on suspicion of drunk driving.   The trial court denied the subsequent Motion to Suppress  finding that the “Fellow Officer” rule applied in justifying the stop.

On Appeal, the Fifth District Court of Appeals held that the trial court committed error in relying ont he fellow officer rule, but found that the stop was justified based on “observations as an identified citizen informant were highly reliable and sufficient to justify the stop.”

If you need an attorney in a DUI/OVI matter contact Charles M. Rowland at www.DaytonDUI.com or by calling 937-318-1DUI (318-1384) or 1-888-ROWLAND (888-769-5263).  Charles Rowland handles OVI cases in the Miami Valley and throughout Ohio.

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Ohio OVI Law: State v. Ridenour

August 30th, 2010
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State v. Ridenour, 2010-Ohio-3373, 4th District Court of Appeals

July 19: Here, the Defendant was involved in a fatal accident and law enforcement suspected OVI.  A trooper obtained a search warrant for the Defendant’s blood  from a Meigs County Judge.  This created an issue as the Defendant was being treated  in a hospital in neighboring Gallia County.  The resulting blood test revealed a BAC of .176.  Defendant challenged the faulty search warrant via a motion to suppress.  The motion was denied and the Defendant was convicted of Aggravated Vehicular Assault.

The 4th District Court of Appeals held that there was a  “technical” violation of Crim.R. 41(A), which states: “A search warrant authorized by this rule may be issued by a judge of a court of record to search and seize property located within the court’s territorial jurisdiction, upon the request of a prosecuting attorney or a law enforcement officer”, the technical violation does not require exclusion of the evidence.  The court indicated, in dicta, that it would have also permitted admission of the evidence under a Schmerber analysis.

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Posted in Blood & Urine Tests, DUI Case Law, DUI Felony

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Dayton Ohio OVI Checkpoint Update: August 28, 2010

August 28th, 2010

No OVI checkpoints are scheduled to take place in the Miami Valley tonight (August 28, 2010).  OVI checkpoints will take place in Huron, Allen, Belmont, Lawrence and Cuyahoga Counties.  No information has been released about the location of the Lima,  Allen County OVI checkpoint.  Check out www.LimaDUI.com for information on how Charles M. Rowland II can defend your DUI case.

Here’s information from the Ohio State Highway Patrol about the checkpoint in Cleveland: The Elyria Post of the Ohio State Highway Patrol, in conjunction with the Cleveland Police Department, announced today that an OVI checkpoint will be held from 10 p.m. to 2 a.m. tonight at Denison Avenue and West 54th Street in the city of Cleveland in Cuyahoga County.

Other checkpoints are here: Update for Saturday 8/28: Akron-Summit County: The University of Akron area; no location has been released as of this posting. Cleveland: 54th and Dennison from 10 p.m. to 12 a.m. Maple Heights: Warrensville Center Road from 8 p.m. to 12 a.m.

If you are stopped tonight, please CONTACT Ohio DUI lawyer Charles M. Rowland II at 937-318-1DUI (318-1384), 1-888-ROWLAND (888-769-5263), or text DaytonDUI (one word) to 50500. www.LimaDUI.com has proudly served the accused drunk driver for over 15 years. “ALL I DO IS DUI DEFENSE”

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Springfield, Clark County OVI Checkpoint Tonight, Aug. 27th

August 27th, 2010

There will be four OVI checkpoints across Ohio Friday night and four more on Saturday night.  There will be an OVI checkpoint tonight in Springfield, Clark County, Ohio around Rt. 40 and Rt. 68.  Times for this checkpoint have not been announced as of the filing of this update.  Check points have been announced  in Geauga County tonight, Cuyahoga County tomorrow.  Please check back or follow my twitter feed @DaytonDUI.

If you are stopped tonight, please CONTACT Springfield, Ohio DUI lawyer Charles M. Rowland II at 937-318-1DUI (318-1384), 1-888-ROWLAND (888-769-5263), or text DaytonDUI (one word) to 50500.  www.SpringfieldDUI.com has proudly served Springfield and the Miami Valley for over 15 years. “ALL I DO IS DUI DEFENSE”

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