Category: Ohio DUI Defense

Springfield OVI – What To Expect

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Screen Shot 2016-05-26 at 3.01.34 PMfirst offense Springfield OVI is defined at O.R.C. 4511.19 as a DUI with no priors within 6 years.  A first offense OVI can be charged in three ways.  The first charge is caused by testing over the legal limit of .08% B.A.C. (example O.R.C. 4511.19(A)(1)(d)).  These types of offenses are also referred to as “per se”  violations.

A second way to be charged is for violating the high-tier provision of Ohio’s OVI law.  Ohio has also created a per se “high-tier” limit of .17% BrAC, sometimes referred to as a SUPER-OVI.  The per se high-tier limits for a first offense OVI are set forth at O.R.C. 4511.19(A)(1)

  • (f) The person has a concentration of seventeen-hundredths of one per cent or more by weight per unit volume of alcohol in the person’s whole blood.
  • (g) The person has a concentration of two hundred four-thousandths of one per cent or more by weight per unit volume of alcohol in the person’s blood serum or plasma.
  • (h) The person has a concentration of seventeen-hundredths of one gram or more by weight of alcohol per two hundred ten liters of the person’s breath.
  • (i) The person has a concentration of two hundred thirty-eight-thousandths of one gram or more by weight of alcohol per one hundred milliliters of the person’s urine.

Appreciable Impairment Offenses:

If you refuse to take a chemical test, the State might still be able to prove you guilty of a first offense OVI if they prove (beyond a reasonable doubt) that you  operated a motor vehicle after having consumed some alcohol, drugs of abuse, or a combination of the two and their ability to operate the motor vehicle was appreciably impaired.  How does a jury determine “under the influence?”  The following is an excerpt from the Ohio Jury Instructions:

“Under the influence” means that the defendant consumed some (alcohol) (drug of abuse) (combination of alcohol and a drug of abuse), whether mild or potent, in such a quantity, whether small or great, that it adversely affected and noticeably impaired the defendant’s actions, reaction, or mental processes under the circumstances then existing and deprived the defendant of that clearness of intellect and control of himself/herself which he/she would otherwise have possessed. The question is not how much (alcohol) (drug of abuse) (alcohol and a drug of abuse) would affect an ordinary person.

What Was The Effect?

The question is what effect did any (alcohol) (drug of abuse) (alcohol and a drug of abuse), consumed by the defendant, have on him/her at the time and place involved. If the consumption of (alcohol) (drug of abuse) (alcohol and a drug of abuse) so affected the nervous system, brain, or muscles of the defendant so as to impair, to a noticeable degree, his/her ability to operate the vehicle, then the defendant was under the influence. The Ohio jury Instruction cites language from State v. Hardy (1971), 28 Ohio St.2d 89, 57 O.O.2d 284, 276 N.E.2d 247; and State v. Steele (1952), 95 Ohio App. 107, 52 O.O. 488, 117 N.E.2d 617.

The “appreciable impairment offense” is set forth at Ohio Revised Code 4511.19(A)(1)(a) which states,

(A)(1) No person shall operate any vehicle, streetcar, or trackless trolley within this state, if, at the time of the operation, any of the following apply:

(a) The person is under the influence of alcohol, a drug of abuse, or a combination of them.

First Offense OVI Penalties:

The following penalties are reserved for first offense Springfield OVI offenders.  Obviously, it is in your interests to hire counsel who can assess your case and provide you with an honest assessment of your case.  In addition, be sure to discuss not only the mitigating factors that your attorney should know, but the not-so-good aspects of your case.  Judges have discretion to look at many factors in fashioning a remedy and your attorney should be able to give you an idea of how to approach your case so as to minimize any potential penalties.  Here are the range of possible penalties for a first offense OVI.

  • Jail – 3 Days Minimum up to 6 Months or,
  • Driver Intervention Program – For 3 Days
  • Jail – 6 Days (If Blood Alcohol Concentration .17 or Above)
  • License Suspension – From 6 Months to 3 Years
  • Reinstatement Fee – $475.00
  • Fine – From $375 to $1,075

 

Hiring Your Springfield OVI Attorney

Obviously, if you were to lose your job and/or your career because of a Springfield OVI conviction the lifetime costs skyrocket.  Insurance premiums, damages caused by personal injury or costs of restitution for property damages also cause the costs to climb.  In addition, some of the expenses highlighted above can take years to come to fruition. The lingering effects of having a drunk driving conviction may be with you for life.  The good news is that a good OVI attorney can significantly curb the financial detriments incurred in a OVI case.

While predicting what an attorney can save you is just as wildly speculative as predicting costs, it is common for many of the costs to be subject to negotiation and/or reduction.  Furthermore, a reduction of the charge will lower the possible maximum fines. The reduction can also get rid of ugly mandatory punishments required by Ohio’s OVI statute. O.R.C. 4511.19.  The best way to explore how much a vigorous OVI defense will costs in your case, contact Charles M. Rowland for a free consultation at (937) 318-1384 or 888-769-5263. For over twenty years, I have represented clients in Springfield. I work hard at what I do. I limit my practice to OVI defense. Finally, thank you for considering me for your defense.

Charles Rowland, your hometown attorney, limits his practice exclusively to OVI defense.

Defending Your Miamisburg OVI Charge – Call (937) 318-1384

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Miamisburg DUI AttorneyCharged with a Miamisburg OVI?

We have been helping people in the Miamisburg Municipal Court since 1995.  Charles M. Rowland II dedicates his practice to representing the accused drunk driver and regularly appears on behalf of Miamisburg OVI clients. If you are arrested on suspicion of a Miamisburg OVI (drunk driving) in MiamisburgWest Carrollton,GermantownGerman Township or Miami Township, your misdemeanor DUI case will be heard in the Miamisburg Municipal Court.  The Honorable Robert W. Rettich III  is the Judge of the Miamisburg Municipal Court which is located at 10 N. First Street, Miamisburg, Ohio 45342, serves a population of over 80,000 and handles in excess of 15,000 cases per year.  The court is open Monday through Friday, 8:00 am — 4:00 pm and can be reached at (937) 866-2203.  The Miamisburg Municipal Court has a very good web site that you can access at www.miamisburgcourts.com.  Follow the links below to utilize popular aspects of the Court’s site:

Miamisburg OVI Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miamisburg and throughout Ohio.  He has the credentials and the experience to win your case and has made himself Miamisburg’s choice for drunk driving defense. Contact the Miamisburg OVI Law Firm of 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 free DaytonDUI text alerts at your fingertips by texting DaytonDUI (one word) to 313131.  Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog.  You can emailCharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

 Find Miamisburg OVI and other local court information at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville 

 

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Changes At The Kettering Municipal Court

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The Kettering Municipal Court has undergone some major changes in recent years.  The retirement of Judge Thomas Hanna and the passing of Judge Robert Moore created two new positions that have been admirably filled by Judge James Long and Judge Frederick Dressel.  Judge Long was the long-time prosecutor in that court and Judge Dressel served for many years as the Kettering Municipal Court Magistrate.  This gives them a depth of experience and a knowledge of the Court’s history and culture. For more information about the Kettering Municipal Court, visit there web site [here]. Hours of operation are Monday-Friday 8:30 a.m. to 4:30 p.m.  Important phone numbers are Clerk: (937) 296-2461 and Judges: (937) 296-2466.

If you find yourself facing an OVI charge in the communities of Centerville, Kettering, Moraine and Washington Township, your case will be heard in the Kettering Municipal Court. I have been defending people accused of DUI in this court for over twenty years. 100% of my practice is devoted to DUI defense.  I have amassed more credentials than almost anyone in my field and I have been recognized as a “Leading DUI Attorney” by both Car & Driver Magazine and Time Magazine.  In addition to multiple awards, I have been a speaker and advocate for issues related to DUI defense.  I invite you to visit my biography page to learn more about my practice and about me.  Hiring an attorney is the first and most important part of defending your DUI case.  I am available 24/7 at (937) 776-2671.  If you need to schedule a free consultation, please contact (937) 318-1384 or 888-769-5263.

“All I do is DUI defense”
If you need an attorney in the Kettering Municipal Court, give me a call right away.
centerville ovi, kettering ovi, moraine ovi, washington township ovi, centerville dui, kettering dui, moraine dui, washington township dui,
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Warren County OVI Checkpoint Tonight (April 8, 2016)

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UPDATE: An OVI Checkpoint is set to be held in on US 22/3 in Warren County Friday Night. The Ohio State Highway Patrol, in conjunction with the Warren County Sheriff’s Office are holding a checkpoint from 8:00 p.m. until 10:00 p.m. on US 22/3 just north of Landen Drive in Deerfield Township, in Warren County.The checkpoint will also be held in conjunction with nearby saturation patrols.

There will be an OVI checkpoint in Warren County this weekend. I will release the time and location via the DaytonDUI free text service. If you want to sign up, text DaytonDUI to 313131. Tell your friends and be safe.  You can also stay up-to-date by following DaytonDUI on Facebook.

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An OVI Attorney’s Number One Rule (Rule 1.1)

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AMERICAN BAR ASSOCIATION MODEL RULES OF PROFESSIONAL CONDUCT

Rule 1.1: CompetenceClient-Lawyer Relationship A lawyer shall provide competent representation to a client. Competent representation requires thelegal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.

There it is! An OVI attorney must provide competent representation to a client. In the Commentary to Rule 1.1, it states:

In determining whether a lawyer employs the requisite knowledge and skill in a particular matter, relevant factors include the relative complexity and specialized nature of the matter, the lawyer’s general experience, the lawyer’s training and experience in the field in question, the preparation and study the lawyer is able to give the matter and whether it is feasible to refer the matter to, or associate or consult with, a lawyer of established competence in the field in question. In many instances, the required proficiencyis that of a general practitioner. Expertise in a particularfield of law may be required in some circumstances.

Rule 1.1 also requires an attorney to go to conferences and stay on top of important changes in the law.

To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject.

That is why I maintain membership in prestigious OVI associations like the National College for DUI Defense, The American Association of Premiere DUI Attorneys and the DUI Defense Lawyers Association. You will also note that I am often featured as a presenter/lecturer and hold a Forensic Sobriety Assessment Certificate. I am also proud to have been honored as a Fellow in the exclusive Ohio Bar Foundation and the American Bar Foundation. I have also just returned from the Ohio Academy of Criminal Defense Lawyers Advanced OVI Seminar.

If you need an OVI attorney who takes great pride in his training, experience and credentials, please contact me today at (937) 318-1384 or 888-ROWLAND. You can also reach me on my after-hours DUI hotline at (937) 776-2671