Holiday Messages

How The Constitution Died In America

March 11th, 2014

US Constitution

This article is about the Constitution.  It is a departure from my norm (a rant really!).

“The ability to learn from others is central to the evolution and persistence of culture, and it is viewed as part of the reason humans have come to dominate the planet.  Sometimes individuals copy the behaviors of others seemingly at random; other times they appear to decide who to copy based on the level of prestige of the individual” [Source].  An example is a person who learns to affix a sharpened rock to the end of a stick. We do the same so as to successfully take down a wooly mammoth and survive.   Famed sociologist Max Weber writes about this evolutionary adaptation in his leadership theory, wherein he says that we have a need to place “charismatic leaders” in a position so that we may emulate their success.  Weber defines charismatic leadership as “resting on devotion to the exceptional sanctity, heroism or exemplary character of an individual person, and of the normative patterns or order revealed or ordained by him” [Source]. Who are our cultural leaders today?

With the advent of television and our celebrity culture we see the destructive nature of this evolutionary drive. In America, we have eschewed the valuable thinkers in government, philosophy, science and the arts in favor of celebrity. Kim Kardashian and Paris Hilton (among others) are emulated and their desires and actions implicitly placed as examples for society to follow.  What we know of evolution dictates that a significant portion of people will follow them as an example worthy of emulation.  We acquiesce without conscious thought based on the unseen drive to copy the behavior of the successfully adapted.   It is yet to be seen if we can survive and adapt as a society if we follow the leadership and example of people who have no discernible talent (except that of maintaining attention and fame).

The point of this post is to have us examine what we place in front of police officers as charismatic leadership behavior. Recall the early days of cinema where law enforcement was seen as upholding the law; so much so, that they would defend the prisoner against the mob at the risk of their own lives. The rule of law was important and we were only safe if we submitted ourselves to it.  Lawlessness and chaos were kept at bay by the brave men (usually only men back then) that understood the rule of law was sacrosanct.  Early television shows like Gunsmoke, 1-ADAM-12 and Dragnet followed this philosophy. The characters found their nobility in upholding and trusting the system.  The police, sheriff, marshall, FBI agent, were all US.  They valued “us” because we shared with them a value system rooted in our mutual respect for the law and each other.

Somewhere in the 1960′s we lost faith in each other.  Depictions of law enforcement behavior changed accordingly.  Now, the system was the enemy.  Instead of a shared value system worthy of respect; Dirty Harry taught us that it was not to be trusted.  Only the law enforcement officer could reliably inflict punishment and justice.  He was a lone force for good.  Detective Sipowicz on NYPD Blue was lauded for his ability to “work around” the rules and intimidate criminals into confessions. “Colors” is a film about a 19 year veteran (Robert Duvall) who is teamed with a rookie (Sean Penn).  They debate (via their attitudes and actions) which approach to policing is best in our modern society.  Not surprisingly, the values of rapport and diplomacy are symbolically killed with the death of the Duvall character.  The charismatic leadership takeaway for aspiring officers: we are not in this together; the citizen is the enemy; don’t trust the Constitution because it does not work.  This had a cultural impact. [language warning for clip].

Beginning in the 1980′s we see the courts begin to adopt the same philosophy toward the Constitution as that depicted in the culture.  We began to see our cherished Constitutional American values shown as technicalities that protected criminals.  Is it any surprise that we see an erosion of the 4th Amendment, 5th Amendment and other Constitutional protections?  Should we expect anything less than the police seeking military grade weapons to protect itself against us?  Since the criminals are “the other” why not just lock up and store as many people in prisons as we can?  Why should we not adopt any tactic, no matter how unscrupulous to attack people who use drugs — they are the enemy!  Red-light cameras, civil asset forfeiture, mass incarceration, the drug war, and ultimately the sanctioning of torture by our government can be traced back to this cultural adaptation. Some more evidence -Almost 60% of teens think torture is ok! According to a Red Cross poll looking at attitudes US citizens have about the use of torture on enemy combatants. So is it a stretch to think that teens, who grew up in the last decade now think torture is an acceptable form of punishment?  In my particular practice (DUI defense) we see no shortage of advocacy groups who seek to remove that pesky Constitution from their goal of punishing the “other” the drunk driver — the enemy!

Let’s change this!  Support the Constitution. Let’s be American again! It begins by believing in the system and believing in each other.  Police officers are not our enemy and we are not theirs.

-Charles M. Rowland II (Jan. 20, 2012)

 

Happy Presidents Day From DaytonDUI

February 17th, 2014

presidents day

Happy Presidents Day from all of us at Babb & Rowland.

In honor of Presidents Day, we will be closed on Monday February 17, 2014.  You can still reach Charles Rowland at my 24/7 DUI Hot-line: (937) 776-2671.  Fill out our short contact form and I will return your call within 1 hour.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  We offer a free text service on our blog which will keep you informed about traffic initiatives in and around the Miami Valley.  Videos about DaytonDUI are available at the DaytonDUI YouTube channel and audio clips answering frequently asked questions are available under the Audio heading of this blog.  Follow DaytonDUI on Twitter at www.Twitter.com/DaytonDUI or Get Twitter updates via SMS by texting follow DaytonDUI to 40404. DaytonDUI is also available on Facebook and you can access updates by becoming a fan of DaytonDUI.  Remember “All I do is DUI Defense.

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.  “Happy Presidents Day.”

Presidents Day information and other city-specific info at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

MLK Day 2014: A Call To Action

January 20th, 2014

ohio dui attorneyHow are you celebrating America’s modern civil rights hero?  I am celebrating this Martin Luther King Jr. Day by joining my voice with the chorus who recognize the “War on Drugs” is a racist construct that must be concluded for the sake of our nation’s conscience and our continued freedom.  Many are recognizing the decades-old war on drugs as a racist conspiracy designed to unfairly incarcerate African American men, to profit government agencies via a silent and secret tax, and to funnel blood money to corporate America.   In an article in the Huffington Post, Dylan Ratigan and Russell Simmons wrote,

“A Federal law passed in 1986 allowed law enforcement agencies to seize drug money, and use it to supplement their budgets. Grabbing cash connected to drugs meant that police departments could buy more tools and training. Like the fee-for-service model in medicine, that pays doctors for performing procedures, not for making people healthier, the “forfeiture laws” effectively pay the police departments for making busts – not for reducing the drug trade.”

These statistics compiled by New York Times columnist Charles Blow and author Michelle Alexander (author of The New Jim Crow) are mind-blowing.

  • Since 1971, there have been more than 40 million arrests for drug-related offenses. Even though blacks and whites have similar levels of drug use, blacks are ten times as likely to be incarcerated for drug crimes.
  • “There are more blacks under correctional control today — in prison or jail, on probation or parole — than were enslaved in 1850, a decade before the Civil War began.”
  • “As of 2004, more African American men were disenfranchised (due to felon disenfranchisement laws) than in 1870, the year the Fifteenth Amendment was ratified prohibiting laws that explicitly deny the right to vote on the basis of race. In 2005, 4 out of 5 drug arrests were for possession not trafficking, and 80% of the increase in drug arrests in the 1990s was for marijuana.
  • There are 50,000 arrests for low-level pot possession a year in New York City, representing one out of every seven cases that turn up in criminal courts. Most of these arrested are black and hispanic men.

While we can, and should, celebrate how far we have come, we should also use the memory of Dr. King to take a stand against injustice wherever we find it.  I urge you to join me in opposing the “War on Drugs” the privatization of our prisons for the profit of Wall Street traded corporations, and the over-incarceration of our citizens.

Happy New Year from Dayton DUI

January 1st, 2014

Dayton DUIHere’s a New Year’s Wish from Charles Rowland and all of us at Dayton DUI

And ye, who have met with Adversity’s blast,
And been bow’d to the earth by its fury;
To whom the Twelve Months, that have recently pass’d
Were as harsh as a prejudiced jury -
Still, fill to the Future! and join in our chime,
The regrets of remembrance to cozen,
And having obtained a New Trial of Time,
Shout in hopes of a kindlier dozen.

 

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 Dayton DUI at your fingertips by downloading the DaytonDUI Android App or have Dayton DUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500.  Follow Dayton  DUI 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.”

 Find information on Dayton DUI check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

 

Happy Holidays From All Of Us At DaytonDUI

December 25th, 2013

Happy Holidays

Happy Holidays from all of us at Babb & Rowland and DaytonDUI. 

The holiest of all holidays are those
Kept by ourselves in silence and apart;
The secret anniversaries of the heart,
When the full river of feeling overflows;–
The happy days unclouded to their close;
The sudden joys that our of darkness start
As flames from ashes; swift desires that dart
Like swallows singing down each wind that blows!

– Henry Wadsworth Longfellow

 

Happy Holidays from all of us at Babb & Rowland and DaytonDUI.  The season brings to mind all of the goodness you have brought to us throughout the year and we wish to express our gratitude and thanks to you — our clients.

We also wish to thank the law enforcement officers who patrol our streets. As we open our gifts on Christmas morning, there is an officer somewhere doing an impossibly dangerous job and doing it with dignity and a respect for the perpetrator that will never be reciprocated.  I did not want to let this season pass without offering this sincere and oft-overlooked sentiment… Thank you.