DUI, Drugs & Driving

Tell Your Ohio OVI Attorney That You Are ADD/ADHD

July 15th, 2014

OVI attorneyIf you are afflicted with adult ADD/ADHD make sure to raise the issue with your OVI Attorney.

To be diagnosed with ADD/ADHD, a person has to demonstrate an inability to complete divided-attention testing.  In 2009, the Centers for Disease Control reported that 9.5 percent of children in the United States had ADHD, up from the previous survey.  The trend has not gone unnoticed amongst the insurance industry who reported at the 162 annual meeting of theAmerican Psychiatric Association in May 2009 that:

  • 28 percent of adult drivers with ADHD reported receiving a citation withing the prior twelve months.
  • 34 percent reported being in an auto collision.
  • 44 percent reported either a citation or a collision.

The standardized field sobriety tests are divided-attention tests.  Given these statistics, is there any doubt that persons with ADD/ADHD have been improperly categorized by law enforcement after the administration of the standardized field sobriety tests.  If it is impossible for a person to complete a divided attention test in a non-stressed clinical environment, how much more difficult would that test be on the roadside under the threat of incarceration.

Officers are not trained to look for extraneous reasons that could account for a person’s failure of their divided-attention tests and no special training is provided to look for signs of ADD/ADHD.  The result is that many officers note the failures as clues of impairment.  The clues are used in determining probable cause for arrest and innocent people are accused of drunk driving. See Citron, MD, JD Applying the Scientific Method in DUI Cases as cited inUnderstanding DUI Scientific Evidence, 2011 Ed., Aspatore.  Make sure you talk to your attorney about this and any other medical condition that you suffer from as this may aid in your defense.

Dayton OVI AttorneyCharles 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 OVI attorney 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 an OVI attorney 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 OVI attorney Charles M. Rowland  check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgHuber HeightsOakwoodBeavercreekCenterville

Driving Under The Influence of Drugs In Ohio

July 2nd, 2014

driving under the influence of drugsDriving under the influence of drugs is the next generation of OVI (operating a vehicle impaired) enforcement in Ohio. It has become a priority of the Ohio State Highway Patrol.  Here are some studies suggesting why they are focusing on this issue.

According to the 2012 National Survey on Drug Use and Health (NSDUH), an estimated 10.3 million people aged 12 or older (or 3.9 percent of adolescents and adults) reported driving under the influence of drugs during the year prior to being surveyed. This was higher than the rate in 2011 (3.7percent) and lower than the rate in 2002 (4.7 percent). By comparison, in 2012, an estimated 29.1 million persons (11.2 percent) reported driving under the influence of alcohol at least once in the past year. (This percentage has dropped since 2002, when it was 14.2 percent.)

According to the National Highway Traffic Safety Administration’s (NHTSA) 2007 National Roadside Survey, more than 16 percent of weekend, nighttime drivers tested positive for illegal, prescription, or over-the-counter drugs. More than 11 percent tested positive for illicit drugs.  According to NSDUH data, men are more likely than women to drive under the influence of drugs or alcohol. And young adults aged 18 to 25 are more likely to drive after taking drugs than other age groups.  One NHTSA study found that in 2009, 18 percent of fatally injured drivers tested positive for at least one illicit, prescription, or over-the-counter drug (an increase from 13 percent in 2005).

Driving Under the Influence of Drugs 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 about driving under the influence of drugs contact me, or check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

Ruling Could Doom Ohio Stoned Driving Rules

May 28th, 2014

stoned driving

Stoned driving laws took a hit this week when Arizona ruled that per se limits on marijuana could not be applied.

Ohio has adopted a draconian impairment law that punishes drivers for having a metabolite of marijuana in their system.  In effect that means that you are stoned driving if you smoke or ingest marijuana the metabolite “hydroxy-THC” that will remain in your body long after the “high” has dissipated.  This means that you may be “impaired” for purposes of the law, but not in any way be impaired by the drug.  If you visit Colorado to legally use recreational marijuana and return to Ohio, you are impaired for up to thirty days thereafter.  This is an absurd and unjust law that gives too much power to law enforcement and enshrines Ohio’s War on Drugs into law.

With states like Colorado legalizing the sale of marijuana, jurisdictions are scrambling to deal with the consequences. Last month, the Arizona Supreme Court ruled 4 to 1 that draconian laws designed to handle driving under the influence (DUI) of alcohol could not be applied directly to pot because of the way the drug interacts with the bloodstream.

The high court justices agreed that the statute’s wording was ambiguous and should be interpreted in a way that does not lead to an absurd result, which is what would happen if prosecutors were allowed to implement a zero-tolerance reading of the law. “This interpretation would create criminal liability regardless of how long the metabolite remains in the driver’s system or whether it has any impairing effect,” Justice Robert M. Brutinel wrote for the majority. “For example, at oral argument the state acknowledged that, under its reading of the statute, if a metabolite could be detected five years after ingesting a proscribed drug, a driver who tested positive for trace elements of a non-impairing substance could be prosecuted.”

The court was uncomfortable criminalizing legal conduct, as Arizona voters legalized medical marijuana use in a 2010 referendum. The majority also noted that certain legal drugs can share a metabolite with an illegal drug, which causes a problem with the drugged driving statute that automatically criminalizes the presence of the metabolite in the bloodstream.”Because Section 28-1381(A)(3) does not require the state to prove that a substance discovered in a driver’s body is actually metabolized from a proscribed drug, the state’s interpretation would permit prosecution if the discovered substance is a metabolite of a proscribed drug even if the proscribed drug was never ingested,” Justice Brutinel wrote. “These results are absurd and make the state’s argument untenable.”  The Supreme Court majority declared that the legislature must have meant that any amount of the impairing hydroxy-THC was a criminal act, not the substance that lingers in the bloodstream for thirty days.  Source: Arizona v. Shilgevorkyan (Arizona Supreme Court, 4/22/2014) and www.TheNewspaper.com.

The take-away from this decision is that Ohio needs to legalize marijuana so as to avoid massive injustice.  Ohio can punish stoned driving without making a de facto zero tolerance law that will do nothing but foster disrespect for the law and the people who enforce it.

 

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 about stoned driving contact me, or check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

 

DUI & Drug Trafficking Cases In Ohio

March 18th, 2014

drug traffickingMore and more, we are seeing an increase in drug trafficking cases.  The Ohio State Highway Patrol has become much more aggressive in using a traffic stop as a pretense to do an extensive search for illegal drugs.  These stops frequently turn a minor traffic violation case into a trafficking, distribution or possession of drugs case.  We expect more of these cases as the Ohio State Highway Patrol begins implementation of the Drug Recognition Expert protocol.

The analysis of a drug trafficking case is very similar to the approach we take to an impaired driving case.  What that means is that we deconstruct each and every decision that the officer makes.  Was there proper justification for the traffic stop? Did the officer have reasonable and articulable suspicion to continue the detention to conduct a drug trafficking or possession investigation?  Did the officer conduct an illegal search of your person and/or vehicle? Did the officer’s actions, based on a totality of the circumstances, establish probable cause for a drug trafficking arrest?  Was the evidence handled or tested properly?  Can the government establish a proper chain of custody for the evidence?  Our mission is to get your case thrown out! We act aggressively to keep you out of jail, keep your fines low and protect your freedom.

We have a great track record of defending drug trafficking, distribution, possession and other drug charges.  We know how to seek treatment in lieu of conviction and how to minimize penalties. We also have a track record consistent with fighting these charges.  For the past five years we have been the chosen team to represent Miami Valley N.O.R.M.L.  We speak, we advocate and we defend.

If you are facing a drug trafficking charge in the Miami Valley, call Charles M. Rowland II for a free consultation at (937) 318-1384.  If you need assistance after hours, please call the 24-7 Hotline at (937) 776-2671.

Possession of a Controlled Substance: Drug Possession Laws

March 3rd, 2014

drug possession

Drug Possession, a.k.a. Possession of a controlled substance is defined in Ohio as knowingly obtaining, possessing or using a controlled substance under the Ohio Revised Code § 2925.11.  As applied to marijuana, possession of less than 100 grams (or about 3.5 ounces), giving 20 grams or less of marijuana to another person, or growing less than 100 grams of marijuana are each considered  “minor misdemeanors,” punishable by a maximum fine of $150. A minor misdemeanor is not a “jailable” offense, but a person’s driver’s license can be suspended for a period ranging from six months to five years, and a conviction on a person’s record can have far-reaching effects when it comes to job prospects and housing. Possession of marijuana is still a very serious charge in Ohio despite the national movements to legalize and/or decriminalize marijuana possession.  In fact, we have seen a dramatic increase in drug possession enforcement by the Ohio State Highway Patrol.

Under R.C. 3719.41, controlled substances in Ohio are classified into five schedules, ranging from the most serious drugs with the harshest penalties to the least serious drugs with the least harsh penalties.  Many are surprised to learn that marijuana is considered as a Schedule I (the highest) drug.  As such, drug possession involving marijuana is a very serious offense.

  • Schedule I – These substances have a high potential for abuse by users and no known or accepted medical use in the United States. Some examples of controlled substances in this category are marijuana, mescaline, morphine, peyote and psilocyn.
  • Schedule II – These substances have a high potential for abuse, but may have limited accepted medical use in the United States. Examples in this category include codeine, methadone and GHB.
  • Schedule III – These substances have some potential for abuse and accepted medical uses in the United States. Controlled substances in this schedule include anabolic steroids, ketamine and barbituric acid.
  • Schedule IV – These substances have a lower potential for abuse than Schedule III drugs and have known medical uses in the United States. Common examples in this schedule can include Xanax, Valium and the generic versions of these types of drugs.
  • Schedule V – Substances in this schedule have the least likelihood for abuse and are commonly used for medical treatment in the United States. Examples in this schedule can include medications with small amounts of narcotics.

Possessing an illegal drug in Ohio is punishable as a state offense, federal offense or both. Controlled substances or drugs can include medications with a prescription, medications without a prescription, street drugs, illegal drugs, natural substances and chemicals.  Because “drug possession” is a required element of the offense, if the prosecution is unable to prove the alleged offender had either actual or constructive possession of the controlled substance, they will most likely be unable to convict the offender.

The analysis of a drug possession investigation is very similar to the approach we take to an impaired driving case.  What that means is that we deconstruct each and every decision that the officer makes.  Was there proper justification for the traffic stop? Did the officer have reasonable and articulable suspicion to continue the detention to conduct a drug investigation?  Did the officer conduct an illegal search of your person and/or vehicle? Did the officer’s actions, based on a totality of the circumstances, establish probable cause for a drug possession arrest?  Was the evidence handled or tested properly?  Can the government establish a proper chain of custody for the evidence?  Our mission is to get your case thrown out! We act aggressively to keep you out of jail, keep your fines low and protect your freedom.

We have a great track record of defending drug trafficking, distribution, possession and other drug charges.  We know how to seek treatment in lieu of conviction and how to minimize penalties. We also have a track record consistent with fighting these charges.  For the past five years we have been the chosen team to represent Miami Valley N.O.R.M.L.  We speak, we advocate and we defend.

If you are facing a drug possession charge in the Miami Valley, call Charles M. Rowland II for a free consultation at (937) 318-1384.  If you need assistance after hours, please call the 24-7 Hotline at (937) 776-2671.