Category: DUI Court Process

DUI Attorney Ethics Rule 1.1 – Competence

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The first ethical rule for a DUI attorney is set forth at the American Bar Association – Model Rules of Professional Conduct, Rule 1.1. This is the rule regarding competence.  It states,

“A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.” 

DUI/OVI/drunk driving cases are among the most complex and specialized areas of the law.  An attorney must be familiar not only with the statutory and case-made law regarding DUI defense, but must have a working knowledge of the NHTSA standardized field sobriety testing methods, the intricacies of the myriad breath testing instruments, chemical testing procedures including gas chromatography and how deviation from a standardized norm, be it biological, chemical or environmental can affect a field test or a blood, breath or urine test.  The attorney must also have a breadth of experience pointing him to omissions in the police investigation.  It is of great importance to understand the unique procedural requirements of a DUI case and the coordination of a cadre of potential expert witnesses.  It requires training, experience and sustained study to master.

Frequently, an attorney will devote a major portion of his or her practice to DUI defense.  As I often say, “All I do is DUI defense.”  Most of us also undertake to receive advanced training.  I have been trained in the NHTSA Student Manual, the ARIDE program, the Drug Recognition Expert protocol, and have achieved proficiency as a Forensic Sobriety Assessment professional. I have further received certification on the BAC DataMaster and the Intoxilyzer 8000 breath test machines.  I attend DUI specific Continuing Legal Education classes and advanced DUI seminars such as those put on by the National College for DUI Defense , the American Association of Premier DUI and the National DUI Lawyers Association.

As you can see, a DUI attorney is required to recognize all of the issues in a given case.  The case is not a case that should be taken lightly.  You should invest in an attorney who has the skill set that can give you a chance to win your DUI case.  If you need such a DUI attorney, give me a call at (937) 318-1384.

Call Dayton DUI Attorney Charles M. Rowland today!

What Happens At A Pre-Trial?

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We are often asked questions about what happens at a pre-trial.  The following video explains what you will likely encounter.

Our goal at the pre-trial hearing is to have the prosecutor look at the case from the perspective of the accused. We do this by focusing on the decision-making process of the arresting officer and what else could have been done to reach the conclusion that a person was impaired.  The pre-trial represents the best opportunity to resolve the case prior to trial.  In fact, the biggest decision most people will face in their OVI case is whether to accept the pre-trial offer or continue to fight.

We also point out that it is not beneficial for your attorney to expect you to make a decision on the day of the pre-trial. I meet with my clients after the pre-trial to discuss the discovery, the offer and the benefits of going forward.  If you have additional questions, please feel free to contact me at (937) 318-1384 or 888-ROWLAND.

Get It Right The First Time!

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DUI-defenseAnother reason to make Charles M. Rowland II, DaytonDUI, you first choice for DUI/OVI defense is that Ohio does not allow expungements in drunk driving cases.  If you make a mistake when you are a young person, the stigma of a DUI conviction will follow you for the rest of your life. In 2014, Ohio decided to expand the ability of Ohioans to apply for an expungement and get a fresh start. It was decided that DUI offenders did not deserve a break under the new law.

The current expungement law makes choosing the right DUI attorney of paramount importance. 

I have been fighting for the accused drunk driver since 1995. I have the experience and credentials necessary to fight and win your case. When you come for your free consultation, I will give you a real price and a real plan.  If you hire me, you get me at every stage of your case – not an associate. You get my 24 hour number and you get a staff that is 100% dedicated to DUI defense. Need more information? Call me at (937) 318-1384 or, to learn more, visit www.DaytonDUI.com.

 

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Dayton Municipal Court To Include Translation Services

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Dayton Municipal Court to offer Translation Services

The foreign born population in the United States has boomed over 57% in the last decade. More than one in 15 of our fellow Ohioans speak only “a little” English or speak “less than well.” Russian, Swahili, Somoli, Turkish and other dialects make up a large proportion of the non-speaking population, as well as the growing Spanish-speaking population in the Dayton area. Language barriers can make it hard or confusing for citizens to access needed services, and criminal defendants and victims have the right to understand what’s happening in their cases.

Welcome Dayton, the Dayton Municipal Court and the Dayton City Prosecutor’s office are making an effort to provide people who come in contact with the court, important documents in languages that they understand. This will help them understand the proceedings and help them comply with the often confusing court requirements.

The push to convert key documents into foreign languages is an outgrowth of a language-access policy the city adopted earlier this year. The policy states no citizens can be denied access to services for being limited in English proficiency. It also says Dayton will prioritize document translation.