Category: DUI Court Process

DUI Defense In “My Cousin Vinny”

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dui defense attorney

DUI defense is never far from my mind.  I was reminded of this last weekend watching one of my favorite movies, “My Cousin Vinny.” In the movie a novice New York attorney (Joe Pesci) heads to the deep south to defend his cousin and his friend in a high-profile murder case.  He is met with a hostile judge and a pompous attorney who are hell bent on seeing the two kids put away for murder. Comedy ensues.

In the course of the trial the prosecutor call George Wilbur (James Rebhorn) as an expert for the State.  Vinny objects.

Vinny Gambini: I object to this witness being called at this time. We’ve been given no prior notice he’d testify. No discovery of any tests he’s conducted or reports he’s prepared. And as the court is aware, the defense is entitled to advance notice of any witness who will testify, particularly to those who will give scientific evidence, so that we can properly prepare for cross-examination, as well as to give the defense an opportunity to have the witness’s reports reviewed by a defense expert, who might then be in a position to contradict the veracity of his conclusions.

[there is a short pause as Judge Haller appears caught off-guard by Vinny’s sudden compentence with knowledge of the law]

Judge Chamberlain Haller: Mr. Gambini?

Vinny Gambini: Yes, sir?

Judge Chamberlain Haller: That is a lucid, intelligent, well thought-out objection.

Vinny Gambini: Thank you, Your Honor.

Judge Chamberlain Haller: [firm tone] Overruled.

The State’s witness is the special automotive instructor of forensic studies for the FBI, who testified that the tire marks left at the scene of the crime match the tires of the vehicle driven by Vinny’s clients.  He has all of the traditional indicia of credibility, an outstanding education and an authoritative command of the courtroom.  The only problem with his testimony is that he is DEAD WRONG!  In the movie the kids are saved by out of work hairdresser Mona Lisa Vito (Marisa Tomei) whose real world expertise proves that the car did not match the tire tracks left at the scene.

In DUI defense we are often faced with forensic experts who are clothed in the traditional indicia of credibility.  Defense attorneys also face a machine that the state of Ohio has exempted from scientific challenge. The only thing that our clients have going for them is us!

I take great pleasure in proving the machine and the State’s witnesses wrong.  It is said that DUI is the most frequently mis-charged crime in the United States.  When you can get a jury to see an error it is as dramatic as anything Hollywood can produce. It is a feeling that most attorneys, especially me, strive to have as much as humanly possible.  Maybe one day I will have the opportunity to deliver the opening statement that Vinny Gambini uses in the movie…

Vinny Gambini: [opening statements] Uh… everything that guy just said is bullshit… Thank you.

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 DUI defense check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgHuber HeightsOakwoodBeavercreekCenterville

 

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.