Goodbye to the Honorable Susan E. Goldie

xenia daily gazette

It is with great sadness that I share with you the passing of a friend.  My time with Judge Susan Goldie revealed a great public servant who was dedicated to her job and the people of Xenia.  Rest in peace.

goldieGreene County Municipal Court judge, Susan E. Goldie, passed away Sunday after a brief illness.

Goldie was elected municipal court judge in November of 1995 and served two terms (1996-2007) after taking over for Judge Raymond Hieber who served a total of 18 years from 1978 until 1995. Michael Murry defeated Goldie in November of 2007.

Most recently, Goldie was working in the Greene County Prosecutor’s Office dealing with delinquent tax issues. County Prosecutor Steve Haller remembered the former judge as a dedicated public servant.

“I have know Susan since 1978 and she cared passionately for her family and friends,” Haller said. “She was a great public servant and we are going to miss her here.”

Early reports suggest that Goldie had been diagnosed with pneumonia and after undergoing a cat scan, it was revealed that she had a blockage in an artery and a stent was inserted. While recuperating at home in Bellbrook, she passed away. Her funeral arrangements are being handled by the Conner & Koch Funeral Home in Bellbrook.

Avoid A DUI This New Year’s Eve (by DaytonDUI)

New-Years-EveThe best way to avoid a DUI this holiday season is to think ahead.

I have been defending the accused drunk driver since 1995.  Countless people have sat in my office lamenting the fact that they could have avoided the DUI charge by deciding to hail a cab, call a friend or waiting for their sober friend to drive them home.  It is my belief that the solution to drunk driving as a societal problem involves  focusing on the prevention of the drunk driving situation.  Let’s make things easier for a person to make a good decision.  Here are some tips to help you avoid a DUI this New Year’s Eve and make good decisions.

DOWNLOAD THE DAYTONDUI ANDROID APP. The app is our latest attempt to bring you information on Ohio’s tough drunk driving laws and make it easier for our clients to avoid a drunk driving situation.  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.

1-800-TAXICAB. Here’s an excellent alternative to drinking and driving:  take a taxi!  Sounds easy.  Well it’s even easier now with “One Number Nationwide®” for a taxi from 1-800-TAXICAB®. You don’t have to spend lots of time trying to figure out a local taxi company to call — we’ve already made it easy.  Simply dial 1-800-TAXICAB® or visit The National Taxi Directory™ online to arrange for a taxi to take you out for your night on the town. Plan ahead and go out with friends to share the cost.  Many taxi companies allow up to 4 passengers to ride for the price of 1 — now that makes it super cost effective! And when the evening is done and you are ready to head back home or to your hotel, you already know the easiest toll-free telephone number for a local taxi:  1-800-TAXICAB®.  No matter what you think the taxi fare will cost, it will be worth it in terms of safety to you and those around you.  And of course, the fare will be incomparably cheaper than a DUI/DWI.

OPERATION ARRIVE SAFE. If you consume too much to drive this New Year’s Holiday and you are in Montgomery County your ride is free.  Operaton Arrive Safe, a program sponsored by the Montgomery County Prosecuting Attorney’s Office and the Ohio State Highway Patrol will pay for a cab to give you a lift.  This program, which was started in Christmas 2007, has provided over 800 cab rides to prevent drunk driving.  If you need a cab call (937) 449-9999.

NATIONAL DIRECTORY OF DESIGNATED DRIVER SERVICES.  Here’s a common situation.  You have driven somewhere and gotten drunk.  You know you should not drive.  You could take the bus or a cab.  However, that leaves your car behind.  You need your car in the morning.  What to do?  Risk it?  Not if you know to go to the National Directory of Designated Driver Services which covers both Montgomery and Warren Counties.  These service included: Be My DD, Devine Designated Driver, the WrightRide Home,  and Take Me Home Tonight.

CALL A FRIEND/BE A FRIEND.  All of us have friends who we know will find themselves drinking too much this holiday season.  If you fear your friend may need a taxi service/designated driver/safe ride home consider giving a gift card for a free taxi ride at any of the services.  You should also consider offering yourself as a safe ride either as a designated driver or as a person who will drive home no matter what.  If you need help steering your friend to addiction resources or setting safe boundaries for yourself, please contact any of the counselors at TCN-BHS in Greene County.  There are numerous on-line services to help you bring up addiction with a friend. TCN provides 24-hours Emergency Services. Please call 376-8701 for immediate response. 

BE MINDFUL OF POLICE ACTIVITIES.  Anyone who has read this page on a consistent basis know my unwavering opposition to sobriety checkpoints.  I believe them to be unconstitutional and anathema to everything I want America to be.  However, if you believe the United State Supreme Court (see Michigan v. Sitz), they upheld DUI checkpoints under the theory that their publication has a deterrent effect.  We publicize OVI checkpoints because we want to help people know of the police presence and plan ahead.  If this form of deterrence works for you, then please use our site as a prophylactic measure to prevent yourself from driving drunk.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in DaytonSpringfieldKetteringVandaliaXeniaMiamisburg, Huber Heights,Beavercreek, 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.comor write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

Appellate Decision: Rules (as written) Don’t Apply

A recent 10th District Court of Appeals10th district Appeals decision in State v. Castle2012-Ohio-6028, decided on an interpretation of the Ohio Administrative Code that will allow the government to use both a BAC DataMaster or any other approved device to prosecute drunk driving cases in Ohio.  The court determined only the limited issue of whether the issuance of an operator access card under Ohio Adm.Code 3701-53- 09(D) prohibits the operator from performing breath tests using an instrument for which the operator also has been issued either an operator or senior operator permit under Ohio Adm.Code 3701-53-09(B).

“The BAC DataMaster and Intoxilyzer 8000 are both breath testing instruments approved for use in determining breath alcohol content under Ohio Adm.Code 3701-53-02(A). In order to operate a BAC DataMaster, an individual must qualify for and receive either a senior operator or operator permit from the director of health. Ohio Adm.Code 3701-53-09(B). Operation of an Intoxilyzer 8000 similarly requires an individual to qualify for and have been issued an operator access card by the director of health. Ohio Adm.Code 3701-53-09(D). The permit and operator access card are not interchangeable, as the operator access card must be physically swiped into a card reader on the Intoxilyzer 8000 in order to enter operator information, whereas the permit is not physically scanned in order to use the BAC DataMaster.” Id. at   The Trooper in this case possessed both a valid permit and an operator access card at the time of the arrest.

Ohio Adm.Code 3701- 53-09(D) unambiguously prevents a person to whom the director of health has issued an operator access card and a permit from using those breath testing instruments that require an operator permit. Ohio Adm.Code 3701-53-09(D) provides, in pertinent part, that “[i]ndividuals holding operator access cards issued under this rule shall use only those evidential breath testing instruments for which they have been issued an operator access card.” Similarly, Ohio Adm.Code 3701-53-09(B) provides, in pertinent part, “[i]ndividuals holding permits issued under this rule shall use only those evidential breath testing instruments for which they have been issued a permit.”

Writing for a unanimous court, Judge Bryant applied the rules of statutory interpretation as set forth in Reedy at ¶ 10, citing State ex rel. R. Bauer & Sons Roofing & Siding, Inc. v. Indus. Comm., 84 Ohio St.3d 62, 66 (1998); Youngstown Sheet & Tube Co. v. Lindley, 38 Ohio St.3d 232, 234 (1988), quoting Kroger Grocery & Baking Co. v. Glander, 149 Ohio St. 120, 125 (1948) (noting “[a]n administrative rule, ‘* * * issued pursuant to statutory authority, has the force and effect of law unless it is unreasonable or is in clear conflict with statutory enactment governing the same subject matter’ “), announcing that “[a] court’s paramount concern in ascertaining the meaning of a statute is legislative intent.” State v. Jackson, 102 Ohio St.3d 380, 385, 2004-Ohio-3206, ¶ 34, citing State ex rel. Asberry v. Payne, 82 Ohio St.3d 44, 47 (1998).  The court then went on to do an analysis of the two relevant provisions.

Since Ohio Adm.Code 3701-53-09(B) and (D) address the same subject matter, we read them in pari materia. We acknowledge that the two rules facially appear to be unambiguous. The difficulty with defendant’s argument lies in the result it produces. An operator such as Trooper Schack would be unable to operate either machine, being excluded from each because he held a permit or card for the other. Moreover, in reading the two provisions as conflicting, defendant’s argument disregarded the evident purpose of the regulations: to allow individuals to use instruments for which the director of health determined they were qualified under Ohio Adm.Code 3701-53-07. As a result of defendant’s interpretation of the rules, the trial court concluded that even though Trooper Schack had been issued a permit to use a BAC DataMaster after he was issued an operator access card, Trooper Schack could not use a BAC DataMaster. Indeed, were defendant’s argument correct, the director of health would have had no reason to issue a BAC DataMaster permit to the trooper. Cf. Salem v. Koncelik, 164 Ohio App.3d 597, 2005- Ohio-5537, ¶ 16 (10th Dist.), citing Hamilton Cty. Bd. of Mental Retardation & Dev. Disabilities v. Professionals Guild of Ohio, 46 Ohio St.3d 147 (1989) (pointing out that courts must give considerable deference to an administrative agency’s interpretation of its own administrative rules).

{¶12} Such a construction of the statute renders meaningless the decision of the director of health to issue permits and produces an absurd result by denying qualified individuals the ability to use an instrument for which they possess a use permit. To not only achieve the administrative purpose of the rules in ensuring only qualified individuals are permitted to operate the various breath-testing machines, but also harmonize the two rules, requires Ohio Adm.Code 3701-53-09(B) and (D) each be construed to allow individuals holding both a permit and an operator access card to use the instrument for which they are qualified under either the permit or the operator access card.

The court cited to two other Ohio decisions reaching the same result, “those courts that previously addressed this issue reached the same conclusion. See State v. Nethers, 5th Dist. No. 12-CA-30, 2012-Ohio-5198, ¶ 14-17; State v. Hudepohl, 166 Ohio Misc.2d 1, 2011-Ohio-6917, ¶ 9-14.

This decision is a blow to defendants who have argued that the plain language of the Ohio Administrative Code would require exclusion of tests conducted on the BAC DataMaster.  It is one of the many points that Ohio DUI attorneys plan on challenging as a result of the botched implementation of the Intoxilyzer 8000 and the subsequent departure of many top officials at the Ohio Department of Health.  As of this writing, no appellate court has taken significant steps to prevent the introduction of tests from the flawed Intoxilyzer 8000.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in DaytonSpringfieldKetteringVandaliaXeniaMiamisburg, Huber Heights,Beavercreek, 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.comor write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

Happy Holidays From All Of Us At DaytonDUI.com

Ilex aquifolium, Deutsch: Europäische Stechpal...

The holiest of all holidays are those
Kept by ourselves in silence and apart;
The secret anniversaries of the heart,
When the full river of feeling overflows;–
The happy days unclouded to their close;
The sudden joys that our of darkness start
As flames from ashes; swift desires that dart
Like swallows singing down each wind that blows!
— Henry Wadsworth Longfellow

Happy Holidays from all of us at the Law Offices of Charles M. Rowland II.  The season brings to mind all of the goodness you have brought to us throughout the year and we wish to express our gratitude and thanks to you — our clients.  We also wish to thank the law enforcement officers who patrol our streets. As we open our gifts on Christmas morning, there is an officer somewhere doing an impossibly dangerous job and doing it with dignity and a respect for the perpetrator that will never be reciprocated.  I did not want to let this season pass without offering this sincere and oft-overlooked sentiment… Thank you.

Ohio State Highway Patrol Announces Christmas Enforcement Initiative

sleighOn Friday, the Ohio State Highway Patrol issued a press release announcing their annual Christmas enforcement initiative.  This year they have stuck with the familiar “Drive Sober or Get Pulled Over” theme.  I expect that the effort will be accompanied by a full media blitz including radio and television commercials. Below is the full text of the press release. 

Patrol to target impaired drivers this Holiday Season
Drive Sober or Get Pulled Over

COLUMBUS – The Ohio State Highway Patrol will be out in full force this holiday season removing dangerous and impaired drivers in an effort to reduce fatal and injury crashes. Last year in Ohio, eight people died in OVI-related crashes between Christmas and New Year’s.

“The holidays can be one of the most dangerous times of the year due to an increase in impaired driving,” said Colonel John Born, Patrol superintendent. “Drivers need to designate a sober driver, buckle-up and keep their focus on the road to ensure that everyone celebrates the holidays safely.”

Last year the Patrol arrested 291 drivers for OVI during the Christmas holiday reporting period.

The public is encouraged to continue using #677 to report dangerous or impaired drivers, as well as drug activity.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in DaytonSpringfieldKetteringVandaliaXeniaMiamisburg, Huber Heights,Beavercreek, 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.comor write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.