Category: DUI Court Process

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.

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.