Category: DUI Trucking & CDL

Commercial Driver’s License – Gone For Life!

00DUI & ALS Suspensions, DUI Trucking & CDLTags: , , ,

commercial driver's licenseIf you have a commercial driver’s license, you are held to a high standard. You see, if you are a doctor, lawyer, teacher, or police officer; you get a second chance. But if you drive a big rig a second mistake can result in a lifetime disqualification. This is true even if your “mistakes” do not happen when you are on the clock. A CDL holder does not have to be driving a commercial vehicle under the influence to trigger a suspension of his commercial driver’s license.

The first offense drunk driving charge is bad enough. Blow over the limit or refuse to blow, a CDL permit holder automatically loses his commercial driver’s license for one year. This is the case if the driver is in his rig or  in his private car. Worse yet,  the CDL driver cannot by law get driving privileges. R.C. 4506.161. A first offense conviction means that you lose your right to earn a living for one year. If you have an OVI conviction, you can no longer get convicted of an OVI or have a refusal of a breath test for the rest of your life! R.C. 4506.16 (F)(2). This is the bad news!

The good news is that I can defend you. First step – make sure the officer did his/her job. The police officers must read the proper consequences to a CDL holder from the 2255 form, which includes specific advice for CDL holders. R.C. 4506.17 (C). Many police officers do not realize that the advice for CDL is applicable when the offender was operating an ordinary vehicle—not just a commercial vehicle. The Administrative License Suspension (ALS) is often improperly executed, because the officer fails to read the offender the pertinent sections on the BMV 2255. Want to get back to work? Appealing the ALS for failure to read the specific consequences will allow you to get back to work.

Step two – Plead To The Right Section!

If you plead to the OVI city ordinance instead of the state ordinance, many times this will not trigger a lifetime disqualification of the commercial driver’s license. Why? The answer lies in the  language of the Revised Code. The BMV has, at times, set aside disqualifications and issued reinstatements of CDL’s when appealed. If it saves your job, most prosecutors will not oppose a conviction for OVI under the city code.

Is that good enough? No! You cannot plead to the “per se” section (prohibited concentration) of the city code, for that would likely trigger the per se level prohibition under 4506.16 (D)(1). If so convicted, it would lead to lifetime disqualification on a second offense.

Let’s save your job. You can apply for a “regular” license and then seek limited driving privileges. Although you will not be able to have privileges to operate a commercial vehicle, you can work at the dock or in some other phase of the packing or distribution division without need for the CDL. Sometimes, this will save your job.

What else?   My father was a CDL driver. He delivered coal for a living. Without his back-breaking hard work, I wouldn’t have had the opportunity to go to college. On occasion, I helped him and believe me – working for you is not as hard as shoveling two or three tons of coal in the cold. I am good at what I do and he would be proud of me helping you.

Call (937) 318-1384 for a free initial consultation. “All I do is DUI defense.”

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