Category: DUI Trucking & CDL

presumption of innocence

Presumption of Innocence? Not For OVI

00DUI & ALS Suspensions, DUI & College, DUI Case Law, DUI Trucking & CDL, DUI Under 21/Juvenile, VideoTags: , , , , , ,

The History of The Presumption of Innocence

The presumption of innocenceEi incumbit probatio qui dicit, non qui negat, is the principle that one is considered innocent unless proven guilty. It dates back to the very foundations of western jurisprudence. The sixth century Digest of Justinian provides, as a general rule of evidence:”Proof lies on him who asserts, not on him who denies.” The presumption requires that the prosecution has the obligation to prove each element of the offense beyond a reasonable doubt and that the accused bears no burden of proof. More info

Commercial Drivers Beware – OSP To Target You This Week

00DUI Trucking & CDL, Marked Lanes, SpeedingTags: , , , , , , , ,

Commercial Drivers Beware!

The Ohio State Highway Patrol joined a week-long effort focused on increasing commercial drivers  tickets. The initiative includes officers with the Michigan State and Indiana State police departments, who will focus on violations by commercial vehicle drivers that are proven to contribute to crashes, including: speed, following too closely, improper passing, distracted driving and improper lane use. The initiative began Monday and runs through Saturday, Dec. 12.

cdl driversThis type of enforcement is grant-funded and designed to cause untold problems with truck drivers who depend on their license to earn a living. What makes it particularly ugly is that commercial drivers are some of the best and safest drivers on the road. This kind of arbitrary enforcement has the unintended consequence of causing people to see traffic enforcement as a rigged game.  When this happens, respect for the rule of law diminishes.

If you have a commercial drivers license and need an attorney this week, please give Dayton DUI Attorney Charles M. Rowland II and attorney Mark J. Babb (Babb & Rowland, LLC)  a call.

 

cdl drivers

CDL Drivers In Ohio Required to Undergo Human Trafficking Training

00DUI Trucking & CDLTags: , , , , , ,

According to the Ohio State Highway Patrol, Ohio is the first state to require CDL drivers to take a one hour class in human trafficking. Beginning January 2016, every driver issued a CDL in Ohio will be given a “Truckers Against Trafficking” (TAT) wallet card, and all new drivers will be provided a one-hour training program.

Authority over CDL driver licensing varies from state to state, and in Ohio both the Ohio State Highway Patrol and the rules for CDL schools under the Ohio Revised Code come under the authority of the Ohio Department of Public Safety (ODPS). ODPS annually revises topics to be taught and makes any adjustments necessary for CDL licensing. Officials from the OSHP met with the Office of Criminal Justice Services, Driver Training Section. They provided ODPS with the TAT training CD and asked if they would be willing to join OSHP by adding a topic to the curriculum. They agreed to do so.

Capt. Mike Crispen of the Licensing and Commercial Standards of the Ohio State Highway Patrol (OSHP) wants to maximize what he believes is a key component in the fight against human trafficking.“Law enforcement officers all over the United States are working diligently to combat human trafficking,” he said. “It’s a mobile crime, and it requires a mobile response. The transportation community is the sole resource for mobile communication. The TAT message, with the help of the trucking and transportation industry and CDL drivers, provides law enforcement with the single greatest weapon to eliminate the overwhelming control these criminals have over their victims.  In Ohio, the transportation community is providing an educational program to its drivers and customers and placing the TAT message on their vehicles and windows. So, the message is being ‘driven’ all over the state.”

We want to protect CDL drivers, so give us a call. 

 

Is It A Crime To Refuse To Take A Breath Test?

00Breath Testing, DUI Penalties, DUI Trucking & CDL, Prior OffensesTags: , , , , , , , , , , , , , , , , , , , , , , , ,
Is it a crime to refuse to take a breath test?

refuse to take a breath testOhio has adopted O.R.C. 4511.19(A)(2) which makes it a crime to refuse to take an evidentiary chemical test if you have a prior OVI (drunk driving)  or OVUAC (juvenile/underage drunk driving) conviction any time within the last twenty (20) years.  If you refuse and you have a prior within twenty (20) years then the penalties for your OVI offense will be double the mandatory minimum. (See generally the “Penalties” section of the DaytonDUI blog).

Professional drivers who refuse to take a breath test face a separate crime if they do not take a test while in their commercial vehicles. See O.R.C. 4506.15(A)(7).  Refusing under these circumstances will result in a one year CDL disqualification.  If you livelihood depends on your CDL make sure your attorney understands these rules.  If you refuse to take a breath test for a second time, you will face a lifetime CDL disqualification.

Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671.  You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500.  Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog.  “All I do is DUI defense.”

For more information if you refuse to take a breath test check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburg,Huber HeightsOakwoodBeavercreekCenterville

Save Your CDL (by DaytonDUI)

00DUI Trucking & CDLTags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

I Fight For Commercial Drivers

Out of Service

Ohio Revised Code 4506.16 sets for the ways that you can be disqualified or lose your commercial driver’s license.

  • 4506.16(D)(5) If you are convicted of two “serious traffic violations” within a three (3) year period, your commercial driver’s license will be suspended for sixty (60) days.
  • 4506.16(D)(6) If you are convicted of three “serious traffic violations” within a three (3) year period, you commercial driver’s license will be suspended for 120 days.

If you receive a conviction of any of the following, your commercial driver’s license will be suspended for one year:

  • 4506.15(A)(2) You have a BAC of .04% or more
  • 4506.15(A)(5) You have one conviction of driving under the influence of a controlled substance
  • 4506.15(A)(6) You have one conviction of using the commercial vehicle in the commission of a felony.
  • 4506.15(A)(7) Refusing to submit to a blood, breath or urine test will also result in a one year suspension of your CDL.

NOTE: If you are convicted of any of the above while operating a vehicle placarded for hazardous materials your disqualification increases to three years pursuant to O.R.C. 4506.16(B)(6).

A second conviction under any of the following statutes results in a lifetime suspension of your CDL, the so-called “Death Penalty.”

  • 4506.15(A)(2) You have a BAC of .04% or more
  • 4506.15(A)(5) You have a second conviction of driving under the influence of a controlled substance
  • 4506.15(A)(6) You have a second conviction of using the commercial vehicle in the commission of a felony.
  • 4506.15(A)(7) Refusing to submit to a blood, breath or urine test.
  • 4506.15(D) Leaving the scene of a traffic crash.
Ohio law also provides for a lifetime suspension if you are convicted of the commission of a felony with a controlled substance pursuant to O.R.C. 4506.16(B)(4).  This is one of the only lifetime suspensions upon a first conviction.
Commercial Drivers should also be aware of Out-of-Service violations which can result in lengthy suspensions:
  • 4506.15(A)(7) A first violation Out-of-Service results in a 90 day suspension.
  • 4506.16(A)(2) A second violation Out-of-Service is a one (1) year suspension.
  • 4506.16(A)(3) A third violation Out-of-Service results in a three (3) year suspension.
  • 4506.16(B)(1) A first violation Out-of-Service while transporting hazardous materials is a 180 day suspension
  • 4506.16(B)(2) A second violation Out-of-Service while transporting hazardous materials is a three (3) year suspension.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber 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