Category: DUI Court Process

dayton municipal court

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.

alcohol influence report

OVI Trial Strategy And The Alcohol Influence Report

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The Alcohol Influence Report is a document prepared by the arresting officer noting each and every indicator for alcohol impairment that they took note of in their investigation. Most of the forms require that the officer simply check the predetermined indicator. Not surprisingly, all the officer's observations fall neatly into these predetermined areas. The report is a document of the officers opinions and should not be considered routine ministerial reports of a non-adversarial nature. Clearly, letting the jury have this document as evidence to review in the jury room would be prejudicial to an OVI defense.

Evidence Rule 803(8) excludes the alcohol influence report from evidence. It states, in pertinent part:

RULES OF EVIDENCE

(8) Public records and reports. Records, reports, statements, or data compilations, in any form, of public offices or agencies, setting forth (a) the activities of the office or agency, or (b) matters observed pursuant to duty imposed by law as to which matters there was a duty to report, excluding, however, in criminal cases matters observed by police officers and other law enforcement personnel, unless offered by defendant, unless the sources of information or other circumstances indicate lack of trustworthiness.

Some courts have found that admissions of the forms is reversible error. State v. Joyce, 1998 WL 315913 (Ohio Ct. App. 1st Dist. Hamilton County 1998); State v. Weaver, 1985 WL 4343 (Ohio Ct. App. 10th Dist. Franklin County 1985); State v. Nightwine, 1982 WL 6042 (Ohio Ct. App. 12th Dist. Preble County 1982). See also Ohio DUI Law, Weiler & Weiler 2013-2014 ed. at 439.

OVI law in Ohio

OVI Law in Ohio – Is It A Just World?

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If you practice OVI law in Ohio...

OVI law in OhioThe belief that people get what they deserve and deserve what they get, which was first theorized by Melvin Lerner in 1977.  Lerner, M.J. & Miller, D.T. (1977). Just-world research and the attribution process: Looking back and ahead. Psychological Bulletin85, 1030-1051.  Attributing failures to dispositional causes rather than situational causes, which are unchangeable and uncontrollable, satisfies our need to believe that the world is fair and we have control over our life. We are motivated to see a just world because this reduces our perceived threats,Burger, J.M. (1981). Motivational biases in the attribution of responsibility for an accident: A meta-analysis of the defensive-attribution hypothesis. Psychological Bulletin90, 496-512, Walster, E. (1966). Assignment of responsibility for an accident. Journal of Personality and Social31, 73-79, gives us a sense of security, helps us find meaning in difficult and unsettling circumstances, and benefits us psychologically.  Gilbert, D.T., & Malone, P.S. (1995).The correspondence bias. Psychological Bulletin117, 21–38.

Unfortunately, the just-world hypothesis also results in a tendency for people to blame and disparage victims of a tragedy or an accident, such as victims of rape (See Abrams, D., Viki, G.T., Masser, B., & Bohner, G. (2003). Perceptions of stranger and acquaintance rape: The role of benevolent and hostile sexism in victim blame and rape proclivity. Journal of Personality and Social Psychology84, 111-125;Bell, S.T., Kuriloff, P.J., & Lottes, I. (1994). Understanding attributions of blame in stranger-rape and date-rape situations: An examinations of gender, race, identification, and students’ social perceptions of rape victims. Journal of Applied Social Psychology24, 1719-1734) and domestic abuse (See Summers, G., & Feldman, N.S. (1984). Blaming the victim versus blaming the perpetrator: An attributional analysis of spouse abuse.Journal of Applied Social and Clinical Psychology2, 339-347) to reassure themselves of their insusceptibility to such events. People may even go to such extremes as the victim’s faults in “past life” to pursue justification for their bad outcome.(Woogler, R.J. (1988). Other lives, other selves: A Jungian psychotherapist discovers past lives. New York: Bantam.)

OVI law in Ohio does not address this bias at any phase of a trial. The just world phenomena is observed in OVI trials as a bias that can cause a jury to overlook the evidence and blame the accused driver for putting himself or herself in a position where an officer could arrest them.  When you combine this inherent bias with a society that stigmatizes drinking drivers (Friends Don't Let Friends Drive Drunk, Drive Sober or Get Pulled Over), you are left with a turbulent trial scenario for your attorney to face.  An experienced Ohio DUI attorney will make allowances for the juries unknown bias by addressing it in the void dire and in a closing argument.  Often, simply addressing the bias is enough of an inoculation to allow the jurors to focus on the evidence, but OVI law in Ohio is replete with evidence of innocent people being convicted because a jury won't (or can't) overcome this bias.

OVI Law In Ohio

Why Was I Charged With Two OVI Offenses?

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Why Was I Charged With Two OVI Offenses?  

Often, the arresting law enforcement officer will charge both the per se (you tested over the legal limit of .08) and appreciable impairment (you looked and acted drunk), knowing that you cannot be convicted of both.  In essence, the officer is hedging his bets, hoping that if your test is found to be faulty you can still be found guilty of being impaired.

OVI attorneyAt your trial or sentencing hearing, your conviction will either be for the per se or appreciable impairment charge.  At DaytonDUI, we will help you understand the pros and cons of any plea agreement and empower you to make choices that will benefit you on a short-term and long-term basis.  Choosing the best OVI attorney for your case is the most important decision that you can make and should not be rushed or taken lightly.

Dedicated to DUI Defense

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When you cruise the internet looking for DUI Defense Attorneys, be sure to look for these buzz words.

"The DUI lawyer(S)" "Our DUI Team" - This means that more than one member of the firm could be responsible for handling your charge.  It is not uncommon to not know who will show up to handle your case until the court date. It is also not uncommon to be under the assumption that the attorney you met with will be "your" attorney.  Ask who will represent me at your initial consultation.

At Babb & Rowland, the only person who will handle your case is Charles M. Rowland II.

"We have over X years of combined experience" - This is math, not experience. When you see attorneys add their years of experience, you can be sure that this means your DUI defense may be in the hands of someone who has fewer years than the attorney you met with.  If you think you are paying for Michael Jordan only to find out that you are getting someone who attended a Michael Jordan basketball camp you may be disappointed.

At Babb & Rowland, the only person who will handle your case is Charles M. Rowland II. Charlie has over 20 years of DUI experience and a list of DUI credentials that rivals the leading DUI defense attorneys in the country. Learn more HERE.

When you are looking for a DUI attorney, please call Charlie for a free consultation.  At this free consultation you will get a price and a plan for your defense.

"All I do is DUI defense." dui defense