Archive for September, 2012

« Older Entries

Low BAC And Fatal Crashes (by DaytonDUI)

September 27th, 2012

According to research complied by David J. Hanson, Ph.D., Professor Emeritus of Sociology of the State University of New York at Potsdam, most drivers who have had something to drink have low blood alcohol content or concentration (BAC) and few are involved in fatal crashes. On the other hand, while only a few drivers have BACs higher than .15, a much higher proportion of those drivers have fatal crashes.

  • The average BAC among fatally injured drinking drivers is .16 1
  • The relative risk of death for drivers in single-vehicle crashes with a high BAC is 385 times that of a zero-BAC driver and for male drivers the risk is 707 times that of a sober driver, according to estimates by the Insurance Institute for Highway Safety (IIHS).2
  • High BAC drivers tend to be male, aged 25-35, and have a history of DWI convictions and polydrug abuse. 3

Dr. Hanson also provides some historical context for how much has been done to combat drunk driving in the United States.  While we must do even more to reduce drunk driving, we have already accomplished a great deal.

  • Alcohol-related traffic fatalities have dropped from 60% of all traffic deaths in 1982 down to 31% in 2010. 34
  • Alcohol-related traffic fatalities per vehicle miles driven have also dropped dramatically — from 1.64 deaths per 100 million miles traveled in 1982 down to 0.45 in 2006 (the latest year for which such statistics are available). 35
  • The proportion of alcohol-related crash fatalities has fallen 52% since 1982, but the proportion of traffic deaths NOT associated with alcohol has jumped 78% during the same time. We’re clearly winning the battle against alcohol-related traffic deaths. 36

Footnotes:

  • 1. National Highway Traffic Safety Administration (NHTSA). Performance Measures. NHTSA Budget Overview FY 2007. Washington, DC: National Highway Traffic Safety Administration, 2007. (nhtsa.dot.gov//nhtsa/whatis/bb/207/pages/NHTSAPerfMeas.htm+BAC+crashes&hl=en&ct=clnk&cd=l&gl=us)
  • 2. Testimony of  Richard F. Healing, Member, National Transportation Safety Board before the House Judiciary Committee State of Maryland Regarding House Bill 763. February 12, 2004. (ntsb.gov/Speeches/healing/rfh040212.htm+high+BAC+drivers&hl=en&ct=clnk&cd=4&gl=us)
  • 3. Hedlund, James and James Fell. Repeat Offenders and Persistent Drinking Drivers in the U.S..Washington, DC: National Highway Traffic Safety Administration, 2007
  • 34. National Highway Traffic Safety Administration (NHTSA). 2010 Motor Vehicle Crashes: Overview. Traffic Safety Facts: Research Note. 2011 (December). DOT HS 811 552. Page 2, Table 3.
  • 35. National Highway Traffic Safety Administration. 2006 Traffic Safety Annual Assessment: Alcohol-Related Fatalities. Traffic Safety Facts: Research Note. 2007. DOT HS 810 821. Page 1, Figure 1.
  • 36. National Highway Traffic Safety Administration (NHTSA). 2010 Motor Vehicle Crashes: Overview. Traffic Safety Facts: Research Note. 2011 (December). DOT HS 811 552. Page 2, Table 3; National Highway Traffic Safety Administration (NHTSA). Traffic Fatalities in 2010 Drop to Lowest Rate in Recorded History. NHTSA Press Release. April 1, 2011.
Related articles

1 comment »

Posted in DUI Case Law

Tags:

Warren County Ohio Courts (An Overview)

September 26th, 2012

Warren County Courts Building IMG_4628

Several courts serve Warren County, Ohio.  Frequently, we encounter questions about where a Warren County DUI case will be heard.  Here is an overview of all of the Warren County, Ohio courts complete with links and other important information.

  • Warren County Common Pleas Court (hearing all felony offenses in Warren County) located at 500 Justice Drive, Lebanon, Ohio 45036.  The Court operates Monday through Friday, 8:00 a.m. to 4:30 p.m. and can be reached at the following telephone numbers (513) 695-1346 [Lebanon number], (513) 261-1346 [Middletown/Franklin number], (513) 925-1346 [Cincinnati number] and (937) 425-1346 [Dayton number].  The Juvenile and Common Pleas Courts are  served by the Warren County Clerk of Courts
  • Warren County Juvenile Court (hearing all cases brought against persons deemed to be juveniles under Ohio law)  located at 570 Justice Drive, Lebanon, Ohio 45036. You can contact the Court at (513) 695-1160 and the Juvenile Detention Facility at (513) 695-1392.  The Juvenile and Common Pleas Courts are  served by the Warren County Clerk of Courts
  • Located at 550 Justice Drive, Lebanon, Ohio 45036, the Warren County Court has jurisdiction over misdemeanor offenses (including misdemeanor DUI’s) arising in the following villages: Harveysburg, Maineville, Morrow, South Lebanon, Springboro and Waynesville, along with the following townships: Clearcreek, Hamilton, Harlan, Massie, Salem, Union, Washington and Wayne.  Note, however, that the city of Springboro operates the Springboro Mayor’s Court which is discussed below.  The Warren County Court is open Monday through Friday, 8:00 a.m. to 4:30 p.m. excluding holidays and can be reached at (513) 695-1370.  Your Warren County Court DUI will be heard by the Honorable Donald E. Oda II or the Honorable Joseph W. Kirby.
  • The Lebanon Municipal Court handles cases arising in Lebanon or Turtlecreek Township.   The Lebanon Municipal Court is located at 50 South Broadway in downtown Lebanon across the street from the Golden Lamb restaurant.  The Court is presided over by Judge Mark R. Brogen.  To reach the court, please call (513) 933-7210 between the hours of 8:00 a.m. and 4:00 p.m.  To look up cases in the Lebanon Municipal Court please go HERE and to access daily docket information please visit HERE.
  • The Franklin Municipal Court serves the communities of Franklin and Carlisle.  The Court is located in downtown Franklin at One Benjamin Franklin Way, at the corner of Riley and Fourth Street.  Contact the Court at (937) 746-2858.  Since 2006, the presiding Judge of the Franklin Municipal Court is the Honorable Rupert E. Ruppert.  The hours of the court are as follows: Monday (8:30 a.m. until 5:00 p.m.), Tuesday (8:30 a.m. until 7:00 p.m.), Wednesday (8:30 a.m. until Noon), Thursday and Friday (8:30 a.m. until 5:00 p.m.).
  • If you were cited or the incident happened in the city of Mason or Deerfield Township, your case will be in Mason Municipal Court.  You will appear before Judge D. Andrew Batsche at 5950 Mason-Montgomery Road, Mason, Ohio 45040.  You can reach the court at (513) 398-7901.  The Court operates between the hours of 7:30 a.m. and  4:00 p.m., Monday through Friday.  The Court allow On-Line Payments and access to Public Records/Case Look-Up.
  • Located primarily in Butler County, the jurisdiction of the Middletown Municipal Court does extend into Warren County.   If you are arrested for DUI in Middletown, Trenton, Madison Township or Lemon Township your misdemeanor DUI case will be heard in the Middletown Municipal Court.  The court is located at One Donham Plaza in downtown Middletown and can be reached by telephone at (513) 425-7766.  The court is presided over by the Honorable Mark W. Wall.
  • If you have a case in the Springboro Mayor’s Court you can find assistance by calling (937) 748-4367.  The Sprinboro Mayor’s Court is located at 329 West Central Avenue, Springboro, Ohio 45066.  The Magistrate who will hear your case is the Honorable Jeffrey T. Kirby.  The Clerk of Court is Linda Volpe and she can be reached at (937) 748-9782, Monday through Friday, 8:00 A.M. – 4:30 P.M.  Any other information that you need can be found on the Springboro government website [HERE] and by accessing their convenient A to Z directory.

If you have questions regarding the information provided above, please contact Charles M. Rowland II 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 the CONTACT form on any of these pages. 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 Twitterupdates 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@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324

Related articles (Photo credit: OZinOH)

13 comments »

Posted in Lebanon DUI, Mason DUI, Middletown DUI Attorney, Springboro DUI, Warren County

Tags:

Are the Standardized Field Sobriety Tests Fair to Fatter People?

September 25th, 2012

Police in Connecticut administer the one leg s...

Being overweight can impact your performance on the standardized field sobriety tests.  The government agency tasked with verifying the validity of the standardized field sobriety tests is the National Highway Traffic Safety Administration (hereinafter NHTSA).  NHTSA concedes that being fifty or more pounds overweight affects performance on the one-leg stand test; a test requiring the suspect to raise a foot off the ground and stand on one foot for 30 seconds. See NHTSA, DWI Detection and Standardized Field Sobriety Testing, Participant’s Manual (2006), re: WAT at VIII-11, re: OLS at VIII-13. Id. re: 50 lbs at VIII-13.  In older versions and in the early validation studies, the same overweight warnings were applied to the walk and turn test. Given that 64.5 percent of Americans are overweight and 30.5 percent are obese, we see that a vast number of Americans may be bad subject for at least two of the three standardized field sobriety tests.  See Dixie L. Thompson, Jennifer Rakow, Sara M. Perdue, Relationship between Accumulated Walking and Body Composition in Middle-Ages Women, OFFICIAL J. OF THE AMERICAN COLLEGE OF SPORTS  MEDICINE, 913 (Jan. 2004).  Science also tells us that age, physical activity and gender can affect the performance on the standardized field sobriety tests.  Charles M. Rowland II has completed the most recent NHTSA training in standardized field sobriety tests and can help you aggressively fight your Ohio DUI case.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Huber Heights, Beavercreek, Springboro, Centerville 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.

 

Related articles

13 comments »

Posted in Field Tests (SFSTs), Illegal Police Stops

Tags:

DUI In Xenia, Beavercreek or Fairborn? An Overview of Greene County Courts

September 24th, 2012

If you are arrested for DUI/OVI in Greene County, Ohio you will appear in one of the following courts.

  • Greene County Court of Common Pleas: The Greene County Court of Common Pleas is located at 45 N. Detroit St., Xenia, Ohio 45385 in the historic Greene County Courthouse.  The Court is responsible for felony level offenses (including felony level OVI offenses, Aggravated Vehicular Homicide and Aggravated Vehicular Assault cases) arising in Greene County, Ohio.  The Greene County Court of Common Pleas is presided over by the Honorable Stephen A. Wolaver (937) 562-5218, and the Honorable Michael A. Buckwalter (937) 562-5217. For information about a specific Greene County Common Pleas case, contact the Clerk of Courts at (937) 562-5290.  Greene County maintain two jail facilities, the Greene County Jail located at 77 East Market Street, Xenia, Ohio 45385, (937) 562-4840 and the Greene County Adult Detention Center, 2295 Greeneway Blvd., Xenia, Ohio 45385, (937) 562-5840.
  • O.V.U.A.C. (Operating a vehicle after underage consumption) and Juvenile OVI offenses are heard in the Greene County Juvenile Court, 2100 Greeneway Blvd., Xenia, Ohio 45385, (937) 562-4000.  The judge of the Greene County Juvenile Court is the Honorable Robert H. Hutcheson.  The Juvenile Detention Center is part of the Greene County Juvenile Court Complex, the west wing of the building, located at 2100 Greene Way Blvd., Xenia, Ohio  45385.
  • The Fairborn Municipal Court, located at at 1148 Kauffman Ave., Fairborn, Ohio 45324, maintains a copy of its fee schedule on its web site. The Fairborn Municipal Court serves Fairborn, Bath Township, Beavercreek and Beavercreek Township. The court conducts preliminary hearings in felony cases, handles traffic and non-traffic misdemeanors, and civil cases where the money in dispute does not exceed $15,000. The Greene County Common Pleas Court (Xenia) handles felony criminal cases.  You can contact the Fairborn Municipal Court at; (937) 754-3040 or by fax at  (937) 879-4422.  The presiding Judge of the Fairborn Municipal Court is Beth W. Root who became judge of the Fairborn/Beavercreek Municipal Court in January 2008.Fairborn/Beavercreek Municipal Court.
  • The Xenia Municipal Court is located on the second floor of Xenia City Hall, 101 N. Detroit Street. The XMC Probation Department is located at 64 E. Main St.Xenia Municipal Court.  Hours are 7:30 a.m. until 4:30 p.m. on Mondays, Tuesdays & Wednesdays.  Hours are 7:30 a.m. until 4:00 p.m. on Thursdays and Fridays.  You can contact the Xenia Municipal Court at (937) 376-7290.  The Xenia Municipal Court has jurisdiction for the cities of Xenia and Bellbrook; the villages of Yellow Springs, Cedarville, Jamestown, Spring Valley, and Bowersville; and the townships of Sugarcreek, Xenia, Cedarville, New Jasper, Silvercreek, Ceasarcreek, Miami, Jefferson, Ross, and Spring Valley. The Court’s jurisdiction also includes four college campuses: Central State University, Wilberforce University, Cedarville College, and Antioch College.  Law enforcement agencies located within the jurisdiction of the court include: Bellbrook Police Department; Cedarville Police Department; Central State University Police Department; Greene County Animal Control; Greene County Sheriff’s Office; Greene County Parks District; Jamestown Police Department; Ohio Department of Parks and Natural Resources; Ohio Department of Wildlife; Ohio State Highway Patrol; Sugarcreek Township Police Department; Wilberforce University Police Department; Xenia Police Division; and Yellow Springs Police Department.
  • The Yellow Springs Mayor’s Court hears misdemeanor offenses that occur in the jurisdiction of the Yellow Springs Police Department.  The Yellow Springs Mayor’s Court is held in the Byron Community Center, located at 100 Dayton Street just adjacent to downtown Yellow Springs.  The Byron Community Center also houses the Yellow Springs Police Department, which can be reached at: Non-Emergency: (937) 767-7206 or at dispatch@yso.com. For inquiries regarding court appearances, fine and costs amounts, court procedures and other court matters, you may call the Clerk of Court’s office at (937) 767-3400.  If you wish, you may remove your case from the Yellow Springs Mayor’s Court to the jurisdiction of the Xenia Municipal Court located at 101 N. Detroit St., Xenia, Ohio.  Removal is a decision that should be made only after a complete consultation with an attorney familiar with the Yellow Springs Mayor’s Court and the Xenia Municipal Court.

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 the CONTACT form on any of these pages.  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 Twitterupdates 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@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

Related articles

9 comments »

Posted in Beavercreek DUI, Bellbrook DUI, Fairborn DUI, Greene County, Xenia DUI Attorney

Tags:

Vehicle Immobilizations (by DaytonDUI)

September 20th, 2012

Tow Truck

An arrest for drunk driving has many harsh and unintended consequences.  One of the most vexing is immobilization. When a person is arrested for DUI the arresting officer has discretion as to whether or not the suspect’s car will be towed.  Sometimes safety concerns, agency policy or other  concerns will cause the officer to call for a tow truck to impound your car.  I have also had cases where an officer goes to great lengths to secure a suspect’s car so that they will not incur the inconvenience of an impoundment.  As with other aspects of Ohio DUI law, having a prior offense will have more severe consequences.

FIRST OFFENSE OVI

If you do not have a prior DUI/OVI offense getting your car back is relatively easy as Ohio DUI law does not authorize immobilization as a penalty for a first offense.  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.

If you have trouble with ANY of the items above, contact DaytonDUI and we will help get your car back.  We have even gone as far as having our staff drive to the tow lot on our client’s behalf.  It is to your advantage to move quickly in order to save storage fees.

SECOND OFFENSE OVI

If you are convicted of a DUI and you have one prior conviction within six years, the judge will immobilize your vehicle for 90 days and impound its license plates. During the period of immobilization, the vehicle may not be driven or sold.  Depending on the court, you may have to purchase a “club” and arrange for the car to be towed to your house or a secure location within the court’s jurisdiction.  There is a “hardship” exception to this rule.  A court may waive the immobilization requirement if a family or household member residing with the defendant is completely dependant on that vehicle for the necessities of life so that immobilization of the vehicle would be an undue hardship. If the immobilization requirement is waived by the court, the vehicle will be required to have restricted plates (yellow license plates) and must not be operated by the defendant.  Again, DaytonDUI can help you through this process.

THIRD (OR GREATER) OFFENSE OVI

A third conviction within six (6) years, or a fifth conviction within twenty (20) years will result in the forfeiture of your vehicle.  Frequent readers of this blog will note my numerous objections to this laws operation.  The law does not have a provision to protect the credit or property interest of an innocent third party and works to create a great deal of harm to innocent people.  No immobilization waiver is available for a third offense within six (6) years or a fifth within twenty (20) years.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Huber Heights, Beavercreek, Centerville, Springboro, Franklin 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 Twitterupdates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook,www.facebook.com/daytondui 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.

 

 

 

Related articles

No comments »

Posted in DUI & ALS Suspensions, DUI Penalties, Prior Offenses

Tags: