Category: DUI in Federal Court

wright patterson ovi

An Out-of-State OVI Offense Enhances A Wright-Patterson OVI

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An Out-of-State OVI Offense Enhances A Wright-Patterson OVI

Babb & Rowland and DaytonDUI proudly serve the military community in and around Wright-Patterson A.F.B..  One of the recurring questions we get from military personnel is whether or not a federal or out-of-state DUI can be used to enhance a Wright-Patterson OVI.  At one time they did not.  Now, however, the offenses received in another state or on federal property do count. See Ohio Revised Code 4511.181(A).  DUI defense attorneys challenged the ex post facto application of R.C. 4511.181(A) but the courts have held that since it serves only as an enhancement it meets constitutional standards. State v. Morrison, 2003-Ohio-3244 (Ohio Ct. App. 8th Dist. Cuyahoga County 2003).

Located conveniently near Wright Patterson Air Force Base, we have successfully represented active-duty military, contractors, and civilian employees since 1995.  We have successfully dealt with issues of deployment, security clearances, loss of rank, loss of on-base driving privileges and issues related to out-of-state licenses.  I have even attended specialized training through the National College for DUI Defense in handling a military drunk driving offense (2014 NCDD Winter Conference). If you face a Wright-Patterson OVI, or if you just have questions, give us a call.

Federal OVI Offenses: Where Will My Case Be Heard?

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federal ovi charles rowland

Federal OVI offenses are handled in the United States District Court for the Southern District of Ohio.  Established in 1803, the United States District Court for the Southern District of Ohio handles over 400 criminal cases (including Federal OVI offenses) a year in 48 of Ohio’s 88 counties.  The court has an eastern division, located in Columbus and two western divisions located in Dayton and Cincinnati.  If you are arrested for a Federal OVI offense in Champaign, Clark, Greene, Darke, Miami, Montgomery, Preble or Shelby counties you will appear in Dayton’s Federal Building, 200 W. Second St., Dayton, Ohio 45402.  You can contact the Court at (937)512-1400 Monday through Friday from 9:00 a.m. until 4:00 p.m.  An Ohio DUI lawyer experienced in federal dui laws and drunk driving cases can explain the difference between state and federal prosecutions, and the potential penalties of each.  If you are arrested for DUI on Wright-Patterson Air Force Base, the court will apply Ohio law in adjudicating your case via the Assimilative Crimes Act.  Generally, you will face the same harsh penalties for a Federal OVI  as you would under Ohio DUI law.

 

Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (1-888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  Immediate help is available by filling out the CONTACT form on any of these pages.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter at www.Twitter.com/DaytonDUI or Get Twitterupdates via SMS by texting follow DaytonDUI to 40404. DaytonDUI is also available on Facebook and you can access updates by becoming a fan of Dayton DUI/OVI Defense.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

For more information on Federal OVI, please visit the Federal OVI section of this blog.

 

Arrested at Wright-Patterson AFB?

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English: C-5A 70-0448, 445th Operations Group ...

WE CAN HELP IF YOU ARE ARRESTED ON BASE

We have a former J.A.G. officer on staff to help with military DUI/OVI cases.  Located conveniently near Wright-Patterson Air Force Base, Charles M. Rowland II has successfully represented active-duty military, contractors, and civilian employees for over 15 years.  He knows how to deal with issues of deployment, security clearances, loss of rank, loss of on-base driving privileges and issues related to out-of-state licenses.  If you find yourself arrested for OVI in or near Wright-Patterson Air Force Base and you will be required to appear in the United State Federal Court or the Fairborn Municipal Court contact Charles Rowland today.

Charles Rowland is licensed to practice in the State of Ohio and concentrates his  OVI, DUI and Drunk Driving practice in the following counties: Montgomery, Greene, Miami, Warren, Butler, Preble, Darke, Logan, Clinton, Shelby, Champaign, Clark, Clermont and Hamilton, Ohio. Charles Rowland practices in the following municipal courts: Kettering Municipal, Dayton Municipal, Montgomery County Area Courts One and Two, Trotwood and Huber Heights, Miamisburg Municipal, Vandalia Municipal, Xenia Municipal, Fairborn Municipal, Clark County Municipal, Troy Municipal, Franklin County Municipal, Hamilton County Municipal, Butler County Municipal Courts Area One Two and Three.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro, Huber Heights, Oakwood, Beavercreek, Centerville and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324. “All I do is DUI”

 

Prior DUI Offenses (Federal and Out-of-State)

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My practice is proud to serve the military community in and around Wright-Patterson Air Force Base.  One of the recurring questions we get from military personnel is whether or not a federal or out-of-state DUI can be used to enhance a DUI they get here in Ohio.  At one time they did not.  Now, however, the offenses received in another state or on federal property do count. See Ohio Revised Code 4511.181(A).  DUI defense attorneys challenged the ex post facto application of R.C. 4511.181(A) but the courts have held that since it serves only as an enhancement it meets constitutional standards. State v. Morrison, 2003-Ohio-3244 (Ohio Ct. App. 8th Dist. Cuyahoga County 2003).

Dayton DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for DUI defense.  With a former J.A.G. on staff and having been declared an expert on evidential breath testing in court martial proceedings by the United States, Charles Rowland is uniquely able to defend your DUI case.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook, www.facebook.com/daytondui.  You can also email Charles Rowland at: CharlesRowland@CharlesRowland.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

 

Federal Court DUI

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Misdemeanor drunk driving charges occurring on federal lands (such as national parks and military bases)  fall under the jurisdiction of the federal courts. 

Established in 1803, the United States District Court for the Southern District of Ohio handles over 400 criminal cases a year in 48 of Ohio’s 88 counties.  The court has an eastern division, located in Columbus and two western divisions located in Dayton and Cincinnati.  If you are arrested for a federal DUI offense in Champaign, Clark, Greene, Darke, Miami, Montgomery, Preble or Shelby counties you will appear in Dayton’s Federal Building, 200 W. Second St., Dayton, Ohio 45402.  You can contact the Court at (937)512-1400 Monday through Friday from 9:00 a.m. until 4:00 p.m.  An Ohio DUI lawyer experienced in federal dui laws and drunk driving cases can explain the difference between state and federal prosecutions, and the potential penalties of each.

If you are arrested for DUI on Wright-Patterson Air Force Base, the court will apply Ohio law in adjudicating your case via the Assimilative Crimes Act.  Generally, you will face the same harsh penalties for a federal DUI as you would under Ohio DUI law.  However, under federal law the refusal to submit to a chemical test is a violation of the Code of Federal Regulations.  The Code of Federal Regulations does not provide for mandatory drivers license suspensions in refusal cases, but Ohio’s BMV will be notified of a chemical test refusal conviction, and will then impose the same license restrictions associated with a DUI conviction under state law.

Federal drunk driving is a serious charge that can result in fines, imprisonment, or both.  A DUI attorney experienced in handling federal DUI cases will develop a strategy to fight the charges and keep consequences to a minimum.  Charles M. Rowland II has handled federal DUI cases for over 15 years and is one of the few local attorneys to actually have tried a DUI case in federal court.  He has been used as an expert witness in military court martial proceedings and can offer the advice of a former J.A.G. on staff.  Contact federal DUI defense attorney Charles M. Rowland II at (937)318-1384 or at 1-888-ROWLAND.