Archive for August, 2012

Clark County OVI Checkpoint (8/31/12)

August 31st, 2012

There will be an OVI sobriety checkpoint tonight in Clark County, Ohio beginning at 4:00 pm at 1901 Buck Creek Lane in the Buck Creek State Park. News stories do not give an end time for the checkpoint.  The DUI checkpoint will be conducted by the Clark County OVI Task Force.  The Clark County OVI Task Force  is made up of the Clark County Combined Health District, Springfield Police Division, Clark County Sheriff’s Office, the Ohio Highway Patrol, the Ohio Department of Transportation, Clark County EMA, Springfield Fire and Rescue Box 27, Ohio Investigative Unit and police departments in North Hampton, Enon, South Charleston, Tremont City and German Twp.  This checkpoint is being conducted in conjunction with the Ohio State Highway Patrol.

If you want to receive updated information on sobriety checkpoints,  enhanced traffic enforcement, saturation patrols and other important developments that affect you, sign up for text alerts on the main page of this blog.  Text alerts will be sent directly to your mobile device/smartphone in the location you choose in the Miami Valley.  In the past month we have alerted our followers to the State Route 35 traffic initiative and three local sobriety checkpoints.  You should also know that we respect your trust and we will never send you irrelevant information and/or advertisements.  This service is free and available to the general public.

You can also put DaytonDUI on your Android Smart phone via the DaytonDUI app.  The app helps you know your rights and know yourself by providing a drink tally so that you do not overindulge.  You can send safe drinking tips to friends or use the app to find the nearest taxi for a safe trip home.  The app brings you the best of DaytonDUI’s video and audio content and gives you a chance to take pictures and record memories so that you can aid in your own defense.  Our sincere desire is to make our roads a safer place.

Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (1-888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  Immediate help is available by filling out this CONTACT form.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter at www.Twitter.com/DaytonDUI or Get Twitter updates via SMS by texting follow DaytonDUI to 40404. DaytonDUI is also available on Facebook and you can access updates by becoming a fan of Dayton DUI/OVI Defense.  You can also email Charles Rowland at: CharlesRowland@CharlesRowland.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

Making Bail In Your Ohio DUI Case

August 31st, 2012

Deutsch: Kautionsagentur in Indianapolis, USA ...

When you are arrested for OVI in Ohio, the police have the discretion to release you or to hold you in a local jail. If you are released, you are given a court date and it is your responsibility to show up at the designated time and place so that your case can proceed.  Failure to do so will result in an arrest warrant being issued.  The time and place of your appearance appears at the bottom of your ticket.  There you will find the date and the address of the court  where your case will be heard.

If you are held in jail, you will be given the opportunity to post a bond.  The posting of a bond is often referred to as  ”making bail” or “bailing out” of jail.  Why do you have to make bail?  The purpose of bail is to ensure that the defendant appears for all scheduled court hearings. Many jurisdictions in Ohio have a set amount of bail for a first-time OVI offender and you will be required to pay this bail amount prior to your release.  This pre-determined amoutn is referred to as the Bond Schedule.  Many courts will post the Bond Schedule on their web sties, making it easier for family members to access the information.  Other jurisdictions will hold you in jail until you appear before a judge.  The judge will hold a preliminary hearing called an arraignment and a bond amount will be set.  Most often the defendant will be able to post bail immediately.  Usually, bail bonds may be posted 24 hours a day.  Check with the court about what types of payments can be accepted and whether or not a credit card holder must be present for the payment to be accepted.

There are several types of bonds that can be set by the judge:

  • Recognizance Bond - Also referred to as an O.R bond, this bond requires the person who is charged with the offense to sign bond papers that are completed by the court.  No other collateral is posted.  Failure to appear for all future court dates under a recognizance bond is punishable by six months in jail and/or a $1,000 fine, regardless of the outcome of the original charge.
  • 10% Cash Bond - This type of bond requires only 10% of the full amount of the bond to be posted. For example, if a $5,000 appearance bond is set, you will need to post $500 with the court to secure your release. If you make all the necessary court appearances, the money will be returned at the end of the case. Failure to appear could make you liable for the full amount of the bond and the court could render judgment against you.  In this example you may owe an additional $4,500.
  • Cash Bond - If the court does not give you a 10% bond, you must post the entire amount of the bond that has been set before being released.  Make all of the scheduled court appearances and the court will return all of the money posted.
  • Property Bond – This type of bond has many requirements and is governed by O.R.C. 2937.24 and Criminal Rule 46(A)(3) & (I). Please consult a professional if considering this type of bond.

Sometimes a judge will say that the bond is a cash or surety bond.  Often a judge will say a short-hand version such as, “Bail will be $1,000 cash or surety.”  A surety bond requires the posting of a surety power from an insurance company that guarantees the full amount of the bond will be paid in the event the defendant does not appear for a scheduled court hearing.  Bail bond companies are also knows as bail bondsmen.  Choose a bail bond company that services the jail where you are being held.  You should also consider how quickly they can act on your case, whether or not they accept payment plans and whether or not collateral will be required.  Once you have chosen a bail bond company, the bail agent will then post the bond at the necessary jail to secure release.  NOTE: co-signing on a bond can have serious and devastating effects.  Please read and understand the obligations you are undertaking before entering into this contractual relationship.

Once the bond is posted the release process begins.  The bond is processed through the court and a release notice is issued to the jail.  Depending on the size of the jail, this process can take 10 minutes or several hours.  Usually, the defendant will receive a court date upon his or her release.  Again, failing to appear at the court date will result in a warrant being issued for your arrest and may result in a forfeiture of your bond.  Now is the time to begin searching for an attorney to help you through your Ohio OVI case.  DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in FairbornDaytonSpringfieldKetteringVandaliaXenia,MiamisburgSpringboroHuber HeightsOakwoodBeavercreekCenterville and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to40404. DaytonDUI is also available on Facebook and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at:CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

 

Prior DUI Offenses (Federal and Out-of-State)

August 30th, 2012

My practice is proud to serve the military community in and around Wright-Patterson Air Force Base.  One of the recurring questions we get from military personnel is whether or not a federal or out-of-state DUI can be used to enhance a DUI they get here in Ohio.  At one time they did not.  Now, however, the offenses received in another state or on federal property do count. See Ohio Revised Code 4511.181(A).  DUI defense attorneys challenged the ex post facto application of R.C. 4511.181(A) but the courts have held that since it serves only as an enhancement it meets constitutional standards. State v. Morrison, 2003-Ohio-3244 (Ohio Ct. App. 8th Dist. Cuyahoga County 2003).

Dayton DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for DUI defense.  With a former J.A.G. on staff and having been declared an expert on evidential breath testing in court martial proceedings by the United States, Charles Rowland is uniquely able to defend your DUI case.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook, www.facebook.com/daytondui.  You can also email Charles Rowland at: CharlesRowland@CharlesRowland.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

 

DaytonDUI And The Continuing Problems With the Intoxilyzer 8000

August 29th, 2012

The implementation of the Intoxilyzer 8000 continues to be an embarrassment to all Ohioans.  Not only is the machine rife with problems, but the Ohio Department of Health has botched both the writing of the rules of implementation.  Now they plan on shutting down the key component of the Intoxilyzer 8000 scheme, the Breath Instrument On-line Database.  The shutdown is due to complications, missing tests and disappearing data.  This raises the question as to how the Ohio Department of Health will prove that they maintain three (3) years of data/subject tests as required by law.  Likewise, they are unable to produce 3 years of records of data that was reported from the machine like: breath volume, sample attempts, breath duration, tank pressure, atmospheric pressure, etc.  Not surprisingly, this is the very information that DUI attorneys throughout Ohio were using to show the unreliability of the Intoxilyzer 8000.  It is a continuing source of shame that these rules and this machine is still in use and exacting such a heavy toll on citizens, some of whom are factually innocent of the humiliating charge of drunk driving.  When people ask why I fight for DUI I point to this continuing injustice.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in DaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboroHuber HeightsOakwoodBeavercreekCenterville and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324. “All I do is DUI”

DaytonDUI and the Cowboy Code of Conduct

August 28th, 2012

I came across this “Code of the West” some years ago.  It has been a constant source of guidance in both my personal and professional dealings.  Attorneys could do worse than to live by this code in our profession and our dealings with clients.

Code of the West (from “Cowboy Ethics: What Wall Street Can Learn from the Code of the West” by James P. Owen)

Live each day with courage.

Take pride in your work.

Always finish what you start.

Do what has to be done.

Be tough, but fair.

When you make a promise, keep it.

Ride for the brand.

Talk less and say more.

Remember that some things aren’t for sale.

Know where to draw the line.