Category: DUI & College

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

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.

Have You Heard Of Powdered Alcohol? Palcohol?

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PalcoholThis week the release of powdered alcohol “palcohol” was approved, then rescinded, then changed to delayed.

First the Alcohol and Tobacco Tax and Trade Bureau, a branch of the Treasury Department issued “label approval” on April 8th.  Apparently this was not the case as many internet sources began reporting that the ATT&T rescinded the approval.  Well now, the news seems to be that there will be a delay as the labeling on the product is changed.  So you will have to wait until the fall for your powdered treats.

On its website, Palcohol says it plans to offer six varieties, including vodka, rum and four cocktails — Cosmopolitan, Mojito, Powderita and Lemon Drop. The site says that a package weighs about an ounce and can fit into any pocket. It warns people that the powder should not be snorted.

Mothers Against Drunk Driving (MADD) has come out hard against palcohol, labeling it a threat and an enticement to underage drinkers.

The following is “Everything You Need To Know” from their website.

1. Who created it and what exactly is it? Mark Phillips created it. Click on the link above for information about Mark.

Imagine a Margarita on a counter. And then imagine if you could snap your fingers and it would turn into powder. That’s Palcohol….without the magic. Palcohol is just a powder version of vodka, rum and four cocktails….with the same alcoholic content.

2. Why create Palcohol? Mark is an active guy…hiking, biking, camping, kayaking, etc. After hours of an activity, he sometimes wanted to relax and enjoy a refreshing adult beverage. But those activities, and many others, don’t lend themselves to lugging heavy bottles of wine, beer or spirits. The only liquid he wanted to carry was water.

So he thought? Wouldn’t it be great to have alcohol in powder form so all one had to do is add water? Since powder is light and compact, it wouldn’t be a burden to carry.

Mark searched for powdered alcohol and it wasn’t available. So he began his quest to create it. After years of research, experimentation and consultation with scientists around the world, he finally came up with powdered alcohol and called it Palcohol.

Now Palcohol is here. A great convenience for the person on the go. One package weighs about an ounce and is small enough to fit into any pocket.

It’s not just for the sportsperson. Palcohol can be transported in your luggage without the fear of bottles breaking. In any situation where weight and breakage is an issue, Palcohol provides the answer. That’s why we say, “Take your Pal wherever you go!”

3. What is the alcoholic content when consuming it? Palcohol, when used as directed, by adding five ounces of liquid to it, is equal to a standard mixed drink.

4. What’s in it? It varies per version but basically, alcohol….and in the cocktail versions, natural flavorings and Sucralose as a sweetener. The ingredients of each version are listed on the front of the package. Palcohol is gluten free.

5. How is it made? If we told you, we’d have to shoot you. We are in the process of patenting it and it is currently patent pending.

6. What flavors are there? We plan on releasing six versions sold in a pouch that is the equivalent to one shot of alcohol:

V which is powder made from premium vodka distilled four times.
R which is powder made from premium Puerto Rican rum

V and R can be used two ways. One way is by adding five ounces of your favorite mixer to make a Rum and Coke, Vodka and Orange Juice, etc. Another option is adding five ounces of water to the powder and then adding a flavored drink powder to make it any flavor you want. The result is equivalent to one average mixed drink.

The four cocktail versions are:

Cosmopolitan
Mojito
Powderita – tastes just like a Margarita
Lemon Drop

Just add water to these four flavors for an instant cocktail.

7. Who owns Palcohol? Palcohol is owned by a privately held company called Lipsmark. There are no investment opportunities at this time nor do we plan on going public anytime soon.

8. Are we looking for investors, distributors or employees? No, no and no but thanks for offering. For those people who want to sell it or buy packages of it, please subscribe to our mailing list to receive that information down the road.

9. Where will it be sold? Think of Palcohol as liquor….just in powder form. It will be sold anywhere where liquor can be sold and a buyer must be of legal drinking age to buy it. It will be available both in the United States and abroad and it can also be bought online.

10. Can Palcohol be added to food? Beer, wine and spirits are often added to dishes to enhance the flavor. When you add Palcohol to food, you’re not really adding flavor to the dish, just alcohol. We’ve been experimenting with it like adding Powderita powder to guacamole, Cosmopolitan powder on a salad, V in a vodka sauce, etc. It gives the food a kick.

As Palcohol is a new product, we have yet to understand its potential of being added to food. As always, please use it responsibly. Because it adds alcohol to the dish, do not serve the dish to minors.

11. Can I snort it? We have seen comments about goofballs wanting to snort it. Don’t do it! It is not a responsible or smart way to use the product. To take precautions against this action, we’ve added volume to the powder so it would take more than a half of a cup of powder to get the equivalent of one drink up your nose. You would feel a lot of pain for very little gain. Just use it the right way.

12. When will it be available? We expect it to be for sale this fall. No samples will be released ahead of time.

14. What is the calorie content? Well, it depends on what liquid you add to it. The powder by itself is about 80 calories per bag.

And lastly, we want to emphasize again, when Palcohol is available, to use it responsibly and legally.

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.  You can email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

To learn more about palcohol check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville