Warren County OVI Checkpoint (Sept. 7, 2012)

Warren County Checkpoint Tonight

The Ohio State  Highway Patrol is holding an OVI checkpoint along St. Rt. 741 near the Beach Water Park from 10 p.m. until 1 a.m.   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.

The DUI Court Process: What is Voir Dire?

If your Ohio DUI case proceeds to trial, your attorney will be given a chance to “pick” a jury during a process called voir dire.  You attorney will question prospective jurors about their backgrounds and potential biases.  Experienced DUI trial counsel will tell you that a good voir dire is especially important in a DUI case.  The principles of federal due process as well as the Sixth and Fourteenth Amendments to the United States Constitution guarantee a defendant a trial by a “panel of impartial, indifferent jurors.” Irvin v. Dowd, 366 U.S. 717, 722 (1961); Morgan, 504 U.S. at 727.  Since “impartiality” is a state of mind, not a technical concept, a juror is impartial when he or she has not formed an opinion about the case to be heard. Id. at 722, 724-5.  In the language of Lord Coke, a juror must be as “indifferent as he stands unsworn.” Id.

The purpose of voir dire is to determine whether any member of the venire holds any bias against either party or is unable to follow the law and put aside any preconceived notions concerning the law or the case. The presence of any form of juror bias in the final venire in a would result in a partial jury and an unfair trial.  The voir dire is crucial to uncovering any concealed prejudices against the parties.  The Ohio Supreme Court has stated that the purpose of voir dire is to determine whether a juror has a bias in favor of or a prejudice against either party that would interfere with his impartiality and full consideration as to the guilt of an accused. State v. Ellis, 98 Ohio St. 21, 120 N.E. 218 (1918). A trial court, therefore, must permit reasonable examination of jurors in order to determine whether any such bias or prejudice exists.

The Ohio Supreme Court in State v. Maurer, 15 Ohio St. 3d 239, 251, 473 N.E.2d 768, 781 (1984), has consistently upheld this principle stating that “a careful and searching voir dire provides the best test of whether prejudicial pretrial publicity has prevented obtaining a fair and impartial jury from the locality, citing State v. Bayless, 48 Ohio St. 2d 73, 98, 357 N.E.2d 1035, 1052 (1976). Without a complete examination of each prospective juror, potential bias and prejudice remains undetected and the risk of an unfair trial becomes overwhelming.

Ohio Rev. Code § 2945.27 provides that:

The judge of the trial court shall examine the prospective jurors under oath or upon affirmation as to their qualifications to serve as fair and impartial jurors, but he shall permit reasonable examination of such jurors by the prosecuting attorney and by the defendant or his counsel.

Ohio R. Crim. P. 24(A) also discusses the court’s duty to permit the parties to examine each venireperson. The Rule states:

Any person called as a juror for the trial of any cause shall be examined under oath or upon affirmation as to his qualifications. The court may permit the attorney for the defendant, or the defendant if appearing pro se, and the attorney for the state to conduct the examination of the prospective jurors or may itself conduct the examination. In the latter event, the court shall permit the state and defense to supplement the examination by further inquiry.

The Ohio Revised Code and the Ohio Criminal Rules clearly establish that the parties must be afforded sufficient opportunity to question each member of the venire before excusal.  This principle is well-established in Ohio. The Ohio Supreme Court has emphasized that “it is a rule of long standing in Ohio that counsel for respective litigants be given reasonable opportunity to personally examine perspective jurors.” State v. Anderson, 30 Ohio St. 2d 66, 72, 282 N.E.2d 568, 572 (1972).

While the Court has discretion in the conduct of voir dire, that discretion is “subject to the essential demands of fairness.” United States v. Dellinger, 472 F.2d 340, 367 (5th Cir. 1972), citing Aldridge v. United States, 283 U.S. 308, 310 (1931). The court in Dellinger disagreed with the State’s argument that the court is obligated to inquire only into matters that would disqualify jurors for cause, finding that:

an answer which falls short of an admission of bias may nevertheless aid counsel in deciding to exercise a peremptory challenge … . Some questions may appeal tangential to the trial but are actually so integral to the citizen juror’s view of the case … that they must be explored … . What these essential inquires are, of course, varies with each case.

Dellinger, 472 F.2d at 368. Thus, expansive voir dire must be permitted to ensure the essential constitutional demands of fairness.

Dayton DUI attorney Charles M. Rowland II dedicates his practice to defending the accuseddrunk 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.