Category: DUI & College

Binge Drinking On Campus

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binge drinkingWhat Is The Problem?

Some opponents of alcohol consumption target the problem of binge drinking on college campuses. While there is no consensus on what “binge drinking” is, we know that college students do a lot of it. Binge drinking is the current target of temperance proponents. It is blamed for everything from sexual assaults to deaths from consumption. When a person consumes heavily, with the intention of achieving intoxication above .08% BAC, they are “binge drinking” according to critics. 74.4 percent of the time they are doing it with beer. (Nami, et.al. 2004). Wine bingers are rare. Only 10.9 percent of drinkers labeled as “binge drinkers” get drunk on wine. (Nami, et.al. 2004).

As you would expect, college binge drinkers are more likely than their non-drinking counterparts to experience one or more alcohol-related problems. One study looked at binge drinking with a ten-year follow-up and found the bing drinkers were at a higher risk of becoming dependent on alcohol later in life. (Jennison, 2004). They were also more likely to depart early from college. (Id.). With these risk factors and the long term effect, you should seriously consider if getting black-out drunk is, in fact, a fun thing to do.

How Can You Get Help?

I represent college students and high schoolers headed to college. In 2008, I taught in the Honors Department at Wright State University. My political science class focused on the devastating effects that an alcohol-related conviction could have on their college career. It can be devastating to learn that an alcohol-related conviction can impact housing, scholarships and participation in college sports. Worse yet, some of my clients have rushed to court to plead guilty without knowing the impact of their decision.  College students often face the full impact of alcohol addiction issues for the first time in college.  The impact can be devastating. Based on my experience, we can offer you the resources needed to address any issues. If you face an alcohol related offense such as drunk driving (OVI) or underage consumption, please contact me at (937) 318-1384. We offer free consultations.

presumption of innocence

Presumption of Innocence? Not For OVI

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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

underage drinking law

Drinking Underage In Ohio – What Are The Consequences?

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Underage possession or consumption of beer or intoxicants is a serious crime in Ohio. The charges are first-degree misdemeanors carrying a maximum penalty of 180 days in jail and up to a $1,000.00 fine. Worse yet, a conviction may leave you with a “criminal record” which is much more serious than a fine or costs. Fear, shame or guilt may compel you to want to plead guilty to put the charge behind you, but that decision may have long-lasting and unintended consequences.

If you are under 21 years old, drinking alcohol is illegal in the State of Ohio. Ohio Revised Code 4301.69(E)(1) provides that “No underage person shall knowingly order, pay for, share the cost of, attempt to purchase, possess, or consume any beer or intoxicating liquor in any public or private place. No underage person shall knowingly be under the influence of any beer or intoxicating liquor in any public place.”

The same section provides for three recognized exceptions to the law, they are set forth below:

If the person is in the “presence of their parent, legal guardian or spouse who is over 21 years old;”
If the alcohol is consumed as part of a recognized religious service; and
If the alcohol is prescribed for medical treatment.
Section 4301.69(E)(2), sets forth a diversion program for underage offenders. It states, “[i]f the child completes the diversion program to the satisfaction of the court, the court shall dismiss the complaint and order the child’s record in the case sealed under sections 2151.356 to 2151.358 of the Revised Code. If the child fails to satisfactorily complete the diversion program, the court shall proceed with the complaint.” A child is ineligible for diversion if he or she has previously been diverted.

O.R.C 4301.69(A)-(C) also contain harsh penalties for furnishing alcohol to minors or providing them accommodations in which the “owner or occupant” allows a person to remain while the person is possessing or consuming alcohol. Many times police will target the owner of a home, apartment or dorm room wherein minors are drinking.

If you are under 18 at the time of your arrest, your case will be prosecuted in the Juvenile Court. Person under 21, but older than 18 will have their cases heard in the Municipal Court. Often, resolving the matter in court is not the end of the process. Most university students face a disciplinary hearing before a university review board or student government panel. We know how to help you in court and how to help you stay in school.

teen drivers

Ohio’s Rules For Obtaining A License (Teen Drivers Beware)

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Obtaining a license has changed for teen drivers in Ohio. Ohio employs a three-step process to obtaining a license.

The first step begins when you turn 15 1/2. At this time you may apply for a temporary permit and take the drivers license knowledge exam and the eye test.  If you pass you will receive a confirmation number to present to your local BMV. You are required to bring a copy of your birth certificate and must be accompanied by a parent or guardian.

When you are  driving with a temporary permit, you must be accompanied by a parent, guardian or licensed driving instructor seated in the front passenger seat until you turn 16 years old. At 16, you can  drive with a licensed driver age 21 or older seated in the front passenger seat. You must carry your temporary instruction permit identification card (TIPIC) with you while driving.

These additional rules apply to temporary (TIPIC) drivers:

  • You may not drive with more passengers than the total number or originally installed seat belts and all passengers must be wearing seat belts.
  • You may not drive between midnight and 6 a.m. unless accompanied by a licensed parent, guardian or legal custodian.
  • You must receive a minimum of 24 hours of classroom instruction and eight hours of behind-the-wheel instruction in driver training.
  • You must complete 50 hours of driving with a parent or legal guardian, including at least 10 hours of nighttime driving. Your parents or guardians must verify the hours in writing.

After turning 16 and having had your temporary permit for 6 months, you will be eligible to go to your local BMV to take the driving test and a second vision test. At this time you will present proof that you completed 50 hours of driving time. Upon completing these steps you will be issued your probationary license. Make sure a parent comes with you to sign the application form or get your parent’s notarized signature on the form ahead of time.

Now that you have a probationary license, you are allowed to drive without a parent.  But certain restrictions still apply.  If you have held a probationary license for less than 12 months, you may not drive between midnight and 6 a.m. unless accompanied by a parent or guardian. You can drive to and from work but you must have in your possession written documentation from your job. You can also drive to or from a school activity, or in an emergency. You may also not drive with more than one passenger who is not a family member unless accompanied by a parent, guardian or legal custodian.

After you have driven for one year under the probationary license, Ohio extends your curfew (but not by much). You may not drive between 1 a.m. and 5 a.m. unless accompanied by a parent or guardian with the same exceptions as above. You may not have more passengers than the total number of originally installed seat belts and all passengers must be wearing seat belts. The probationary license is valid until age 18.

At age 18, teen drivers are eligible for a full license if they have successfully completed the probationary license requirements. License applicants age 18 or older who fail the required road or maneuverability test must take an abbreviated driver training course prior to attempting the test a second or subsequent time.

But what if you break the rules?

If you are under 17 and have a probationary license, and if you are convicted of having committed a moving violation during the first 6 months of license issuance, you must then only drive when accompanied by a parent or guardian for the next 6 months or until you turn 17, whichever comes first. Your temporary permit or probationary license can be suspended for periods of up to one year if you are convicted of multiple moving violations or any alcohol-related offense. If your temporary permit or probationary license is suspended, you must meet a number of requirements before your permit or license can be returned, including completion of a juvenile driver improvement program and retaking the driver’s examination.  Ohio’s “zero tolerance” law makes it illegal for teen drivers (under age 21) to drive with a blood alcohol content of .02 or greater.

Teen drivers facing an Ohio OVI offense, please give us a call!

 

College Students and Binge Drinking

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binge drinkingWhile there is not a consensus definition of what “binge drinking” is, we know that college students do a lot of it and they do it with beer.  When a person consumes heavily with the intention of achieving intoxication above .08% BAC, they are 74.4 percent of the time doing it with beer. (Nami, et al. 2004). Wine bingers are rare and account for only 10.9 percent of drinkers labeled as binge drinking. (Nami et al. 2004).  As you would expect, college binge drinkers are more likely than their non-drinking counterparts to experience one or more alcohol-related problems.  One study looked at binge drinking with a ten-year follow-up and found the binge drinkers were at a higher risk of becoming dependent on alcohol later in life and that binge drinkers were likely to depart early from college (Jennisom, 2004).

With these risk factors and the long term effect, you should seriously consider if getting black-out drunk is, in fact, a fun thing to do.

Charles M. Rowland II has been representing the accused drunk driver for over 20 years. Contact him at (937) 318-1384 if you find yourself facing a DUI (now called OVI) charge.