Archive for October, 2012

Halloween DUI Crackdown (by Dayton DUI)

October 31st, 2012

Jack-o-latern

The Ohio State Highway Patrol has announced a DUI enforcement initiative as part of the Drive Sober or Get Pulled Over campaign which will coincide with the Halloween holiday.  79 local law enforcement agencies have planned more than 1,700 hours of enforcement as well as at least 14 checkpoints and more than 1,000 hours of saturation patrols around the state.  As Halloween gains in popularity as a celebration, police are vigilant in patrolling the highways for impaired drivers.

“There isn’t a Halloween costume clever enough to hide a drunk driver who’s made the dangerous decision to get behind the wheel,” said ODPS Director Thomas P. Charles. “Law enforcement officers are committed to keeping the roads safe for everyone to enjoy the holiday.”

If you find yourself in need of an experienced and aggressive Ohio DUI lawyer, contact Charles M. Rowland II at (937)318-1DUI or 1-888-ROWLAND.  You can visit him on the web at www.DaytonDUI.com or follow him on facebook.com/DaytonDUI and @DaytonDUI on Twitter.  “All I do is DUI defense.”

The Horizontal Gaze Nystagmus Test is Biased Against Women

October 31st, 2012

Bloodshotness whats this

The horizontal gaze nystagmus test is an eye test approved by the National Highway Traffic Safety Administration (hereinafter NHTSA) as a tool to detect clues of impairment in drivers.  The HGN test is one of three psychomotor tests approved as part of the standardized field sobriety testing protocol employed by law enforcement officers throughout the United States and used here in Ohio.  The HGN is a test broken down into three components:

  • a smooth pursuit portion, wherein the officer attempts to discern if the eyeball is able to smoothly track a stimulus;
  • a portion of the test requires the officer to take the eye to its maximum deviation and discern whether or not the eyeball exhibits a twitching or bouncing;
  • a portion of the test seeking to determine if the distinct bouncing occurs prior to  45 degrees.

The smooth pursuit portion of the test is strongly influenced by gender.  Women do worse on this portion of the test than men.  ICS Medical Corporation, Pursuit Testing with Computers: A Status Report, ENG REPORT (Feb. 1988); D.H. Jackson, J.A. Sharpe, Smooth Pursuit in Senescence: Effects of Target Acceleration and Velocity, 104; 290-297, ACTA OTOL (1987).  Read more about this topic in Understanding DUI Scientific Evidence, 2001 Ed., Apastore at pp. 52-53.  Your DUI attorney can tell you how to use this scientific information in such a way as to win your case.  This type of scientific evidence can be a valuable tool in plea negotiations and/or in determining if probable cause existed upon which to base an arrest.

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

Montgomery County Municipal Court (by Dayton DUI)

October 30th, 2012

On September 8, 2010, Montgomery County Area One and Area Two Courts officially became the Montgomery County Municipal Court.  There will be two divisions of the Montgomery County Municipal Court, a Western Division located in New Lebanon at 195 S. Clayton Rd., New Lebanon, Ohio 45345, and an Eastern Division located in Huber Heights at 6111 Taylorsville Rd., Huber Heights, Ohio 45424.   Many people refer to the Montgomery County Municipal Court (Eastern Division) as the Huber Heights Municipal Court, but the court’s jurisdiction is larger, covering regions in north-east Montgomery County including the city of Riverside, Ohio.  The Judges serving the Montgomery County Municipal Court (Eastern Division) are the Honorable James D. Piergies and the Honorable James A Hensley.  You can reach the Eastern Division by telephone at (937) 496-7231.  The Montgomery County Municipal Court (Western Division) serves the cities of Trotwood and Brookville, the villages of New Lebanon, Phillipsburg, Farmersville and Verona, and townships including Clay Township, Jackson Township, Jefferson Township and Perry Township.  This court is served by Judges James L Manning and Adele Riley.  You can reach the Montgomery County Municipal Court (Western Division) at (937) 687-9099.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboroHuber 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.”

Miami Valley Municipal Court Finder (by Dayton DUI)

October 30th, 2012

If you are arrested for OVI in the Miami Valley, your case will most likely be heard in a municipal court.  Click on the below links to access the municipal court’s web site .  If you need to find a qualified OVI attorney, check out www.DaytonDUI.com or contact Charles M. Rowland II HERE.

Montgomery County Municipal Courts

Greene County Municipal Courts

Clark County Municipal Court (covering all of Clark County, Ohio)

Miami County Municipal Court (covering all of Miami County, Ohio)

Preble County Municipal Court (covering all of Preble County, Ohio)

Shelby County Municipal Court (covering all of Shelby County, Ohio)

Warren County Municipal Courts

Will I Have “Party Plates?” (by DaytonDUI)

October 29th, 2012

English: Sample image of Ohio's DUI license pl...

If you thought that public shaming was a barbaric practice relegated to the distant past, you have not been driving through Ohio.  Ohio was the first state in the country to adopt a form of public humiliation by adopting special license plates for drunk driving offenders.  Use of the “scarlet letter” plates became mandatory in 2004. O.R.C. 4507.02(F)(2) and 4503.231.  These bright yellow plates with prominent red lettering (often referred to as party plates) are an indelible record of your offense and will not be easily forgotten by friends, family, customers and clients.  At DaytonDUI we are opposed to “branding,” “shaming,” and/or “humiliation” as a method of punishment and will fight to keep these abominations off your vehicle.

When are yellow DUI 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.
  • If you are convicted of O.V.I. as a first offense that involves a “high test”, the judge must order restricted plates as a condition of limited driving privileges.
  • If you are convicted of OVI as a second offense or more within six years, the judge must order restricted plates as a condition of limited driving privileges.
  • If you are convicted of O.V.I. as a fourth offense or more within 20 years, the judge must order restricted plates as a condition of limited driving privileges.

In addition to the problems of living with the plates is the inconvenience of obtaining the plates.  If you are required to use these plates, you must surrender your plates to the Bureau of Motor Vehicles who, in turn, will give you the restricted plates.  The restricted plates must remain on your vehicle for the duration of any license suspension imposed by the court and/or during the duration of the administrative license suspension.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, SpringfieldKetteringVandaliaXeniaMiamisburgHuber HeightsBeavercreekCentervilleSpringboro, 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.