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Ohio State Highway Patrol Announced Roadcheck 2011

June 6th, 2011

The Ohio State Highway Patrol will participate in Roadcheck 2011, which promotes 72 hours of continuous commercial motor vehicle inspections throughout the United States, Canada and Mexico starting tomorrow and running through June 9. This year’s theme is “Enhancing Truck and Bus Safety and Security throughout North America.”

During last year’s Roadcheck in Ohio, troopers and motor carrier enforcement inspectors conducted 1,966 commercial motor vehicle inspections and issued 4,214 safety violations on Ohio roadways. From those inspections, 454 commercial motor vehicles, and 121 drivers were placed out of service for various violations.

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DUI and Your CDL (Commercial Drivers Beware)

April 10th, 2011
Montgomery, Alabama, July 11, 2005 -- Semi-tra...
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”But I was in my own car, on my own time!”

If you have a commercial driver’s license an Ohio DUI charge can have devastating effects on your career.  Often clients who hold a commercial driver’s license fail to understand that Ohio’s OVI laws can affect your livelihood even if you receive a drunk driving charge while you are not operating a commercial vehicle.  If you plead guilty, or are found guilty, of an OVI (drunk driving) offense your commercial driver’s license will be taken away for one year.  If you are a second-time OVI offender, an Ohio OVI will result in an indefinite revocation of your CDL.  What is more, a court cannot give you privileges to operate a commercial vehicle while the case is pending and that a CDL suspension is in addition to any suspension that the court may impose.  If you drive for a living these penalties can be devastating for you and your family.  If you have been arrested for DUI in Ohio and you have a commercial driver’s license contact Charles M. Rowland II right away!

“My dad was a driver. He hauled coal.  I don’t know what our family would have done if he was unable to drive.  I know and understand how to handle your case and get you back on the road.  Call me today at 937-318-1DUI (318-1384), 1-888-ROWLAND (888-769-5263) or visit me at www.DaytonDUI.com.  All I do is DUI defense.”

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Posted in DUI & Driving Privileges, DUI Trucking & CDL, DUI, Drugs & Driving, Ohio Traffic Law

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Out of State DUI Consequences

February 10th, 2011

Question: I was visiting Ohio when I received an OVI charge; what will happen to my out-of-state license?

Ohio (and 45 other states) are members of the Driver’s License Compact, an agreement wherein member States communicate the fact of a conviction for DUI to the “Home State”. The “Home State” then takes action against the licensee under its own laws. Forty-five States are currently members of the Interstate Compact.  Michigan and Wisconsin are not part of the DLC.   Under all but a few geographical exceptions, it will be impossible for an out of State resident to avoid serious consequences in their home state.  Many out-of-state residents mistakenly assume that their license will remain valid in their home State even if they lose their right to drive in Ohio. Under the registry, (All 50 States) any State that suspends your license must input the suspension into the Registry’s computer databank. Every member State is required to check the registry’s databank whenever a person seeks to have his license renewed or applies for a new license, and are required to deny the license if there is an out of state suspension.

Due to our proximity to Wright Patterson Air Force Base, we have been dealing with out-of-state DUI issues for a long time.  We are able to obtain driving privileges and avoid problems by aggressively fighting the DUI in Ohio.  Often, a reckless operation or physical control violation will have far fewer ramifications on your “home state” license than a conviction for drunk driving.  If you face the possibility of losing your license contact Dayton DUI lawyer Charles M. Rowland immediately at (937) 318-1DUI or 1-888-ROWLAND.

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Posted in Driving Under Suspension, DUI & College, DUI & Driving Privileges, DUI & Military Issues, DUI Out-of-State, DUI Penalties, DUI Trucking & CDL, Ohio Traffic Law

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Ohio DUI & FBI Background Checks

February 8th, 2011
The FBI Seal where the circle of stars represe...

The FBI maintains the National Crime Information Center (NCIC) which started in1967 with five files and 356,784 records. By the end of 2009, NCIC contained more than 15 million active records in 19 files. NCIC averages 7.5 million transactions per day. The intent of the NCIC is to be comprehensive in nature, through a cooperative network between local, state and federal law enforcement agencies. The Interstate Identification Index, which contains automated criminal history record information, is accessible through the same network as NCIC. Individual states have internal records that may indeed be forwarded along to the NCIC as part of the stated network agreement.  “Arrests” are included in the NCIC, including arrests for drunk driving.  These arrests are included even if the charge was ultimately reduced to a lesser offense like reckless operation.  Because of the nature of DUI (now called OVI in Ohio) cases, there may be computer records both under NCIC and the official driving record maintained by the Ohio Bureau of Motor Vehicles or similar Ohio record-keeping systems.  If you are seeking a job or applying for school, it might make sense to speak with your Ohio DUI attorney about what is and what is not on your particular record.  Please follow the links provided on this blog to access your local court records, or call Charles M. Rowland II at 937-879-9542.

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“POINTS” on your Ohio License

January 27th, 2011
U.S. speed limit sign, MUTCD R2-1.

One of the most frequently asked questions to my staff involve the issue of POINTS on an Ohio driver’s license.  “Points” under Ohio law are set forth at O.R.C. 4510.036(C).  The statute lists the following as 6-point violations:

6 Point Violations
-Aggravated Vehicular Homicide
-Vehicular Homicide
-Vehicular Manslaughter
-Aggravated Vehicular Assault
-Willful Fleeing and Eluding,
-Failure to Stop and Disclose Identity at Accident
-Street Racing
-Driving Under Suspension
-OVI (drunk driving)
-Unauthorized Use of a Motor Vehicle
-Any felony motor vehicle violation or any felony committed with motor vehicle

Four Point Violations
-Operation of a Vehicle After Underage Consumption
-Operation in Willful or Wanton Disregard of Safety (a reckless operation offense)
-Exceeding the Speed Limit by greater than 30 mph.

Two Point Violations
-Exceeding the Speed Limit of 55 by at least 10 but less than 30 mph
-Exceeding the Speed Limit less than 55 by at least 5 but less than 30 mph.
-Operating a motor vehicle in violation of a restriction imposed by the BMV
-Most other moving violations including operating a vehicle w/o a license.

NOTE: If you are nearing the requisite 12 points that will result in a separate license suspension you can attend a TWO POINT CREDIT COURSE as set forth at R.C. 4510.037(C).  For a more detailed explanation of the credit course or to consult with an attorney about your charge, contact Charles M. Rowland II or Mark Babb at 937-879-9542.

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Posted in Driving Under Suspension, DUI Felony, DUI Penalties, DUI Trucking & CDL, Marked Lanes, Ohio BMV Issues, Ohio Traffic Law, Physical Control, Reckless Operation, Speeding

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