Ohio Traffic Law

It Is The Anniversary Of The Parking Ticket

August 11th, 2014

parking ticketSeventy nine years ago this month, the Reverend Charles H. North of the Oklahoma Third Pentecostal Holiness Church became the first person to every receive a parking ticket.  The controversial “Park-O-Meter” had been installed in the prior weeks and caused a stir amongst the residents.

According to his grandson Dwight Thurmond the parking citation was issued after his grandfather rooted through his coat for the required nickel.  Finding none, he trudged over to the nearby grocery store to get change. Little did he know he was about to become a historical footnote. When he returned he curiously examined a white piece of paper which had been left on his windshield.  According to the story as related HERE by thenewspaper.com, “[o]n that day he had his daughters in the car (one being my mother) they were to tell any policeman their dad was getting change,” said Thurmond. “They didn’t recognize the man who greeted them as a policeman, and they thought the ticket he placed on the wiper blade was an ad flyer.”  Rev. North became the first person in the United States to ever receive a parking ticket for an expired meter.

Weeks later, in court, he was the first ever person to trot out the “I was just getting change” excuse in court.  It must have been compelling because, according to legend, the citation was dismissed.

Parking ticket 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.  Email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

For more information about your parking ticket check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburg,Huber HeightsOakwoodBeavercreekCenterville

 

Traffic Ticket Blitz Underway in Ohio Through July 26

July 23rd, 2014

traffic ticketThere is a traffic ticket blitz underway in Ohio and five other states. The Ohio State Highway Patrol will join forces with other members of the 6-State Trooper Project to focus efforts on distracted driving enforcement statewide. The high-visibility enforcement effort begins Sunday, July 20 at 12:01 a.m. and continues through Saturday, July 26 at 11:59 p.m.  The 6-State Trooper Project includes the Ohio State Highway Patrol, Kentucky State Police, Indiana State Police, Pennsylvania State Police, West Virginia State Police and the Michigan State Police.

OSP Sgt. Vincent Shirey told FOX 8 News that troopers will not just be looking out for texting.  Shirey said they will also be looking for anything that takes your eyes, and your attention, off of the road. That could be changing the radio station or turning to pay attention to your kids, according to Shirey.  “The Patrol is serious about eliminating threats on roadways, and we’re proud of this collaborative, multi- state effort,” said Colonel Paul A. Pride, Patrol superintendent. “By cracking down on distracted driving, we are making Ohio and surrounding states safer.”

Experience has told us that you can expect major traffic ticket patrols along I-75 and I-71 during this period.  Arrests for OVI are targeted during this period as well. Given the Ohio State Highway Patrol’s proclivity to conduct drug searches, you should also expect to assert your right to refuse a search.

Traffic Ticket 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 schedule a free DUI consultation about your traffic ticket or OVI contact me, or check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburg, Huber HeightsOakwoodBeavercreekCenterville

 

 

Electronic Traffic Tickets Are Coming To Ohio

July 7th, 2014

electronic traffic ticketsElectronic traffic tickets are coming to Ohio.  The Ohio Supreme Court adopted amendments to the Ohio Traffic Rules about electronic tickets issued by law enforcement to account for an ongoing pilot project.  The Rules will take effect in January to facilitate the use of e-tickets. Subsequently, the Commission on the Rules of Practice and Procedure learned of a State Highway Patrol effort to issue e-tickets but file paper copies with the local court. The rules amended in January only covered tickets issued and submitted electronically and did not account for this “hybrid” system.  To facilitate the pilot project, amendments to Traf.R. 3 delete the requirement that an electronic traffic tickets meet the mandatory “form and content” requirement of a paper ticket. The amendments also maintain that any paper ticket generated from the e-ticket be of sufficient quality to meet record retention requirements.  A full text of the amendments are available HERE.

Attorney Charles M. Rowland II dedicates his practice to defending the accused traffic offender 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.  “Let us fight your electronic traffic tickets.

For more on electronic traffic tickets check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburg, Huber HeightsOakwoodBeavercreekCenterville

Can I Get An ALS Suspension On A Physical Control Charge?

June 26th, 2014

physical control If you are found drunk in a non-moving car, you may be charged with a violation of O.R.C. 4511.194, Physical Control of an Automobile While Impaired instead of drunk driving (O.R.C. 4511.19, OVI, DUI, OMVI).  The arresting officer, on behalf of the Ohio Bureau of Motor Vehicles (hereinafter BMV), imposes an Administrative License Suspension at the time of arrest for OVI, or OVUAC when the driver refuses to take the chemical test or takes it and has an alcohol concentration in his whole blood of .08%, blood serum or plasma of .096%, breath of .08%, or in his urine of .11 grams.

The BMV imposes an Administrative License Suspension at the time of arrest for a violation of 4511.194 when the driver refuses to take the test. If the driver takes the chemical test, no Administrative License Suspension is imposed. ORC §4511.191(C)(1).  So go ahead and take the test only if you are sure that you are not being charged with DUI!

Physical Control of a Vehicle While Impaired (O.R.C. 4511.194) is the offense of being intoxicated while in control of a car, but not having caused the vehicle to move. If you are under the influence and the prosecutor can prove that you “operated” your car and were not simply in “physical control” of your car, you may face a charge of OVI/DUI (drunk driving). Thus the legal analysis will turn on whether on the prosecutor can prove you “operated” your car. “Operation” includes causing or having caused a vehicle (such as a car, truck, RV, bicycle or motorcycle) to move. See Cincinnati v. Kelley, 47 Ohio St. 2d 94, 351 N.E.2d 85 (1976).

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 schedule a free physical control  consultation contact me, or check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

Ohio Red Light Cameras – Will Sen. Seitz Save Them?

May 30th, 2014

Ohio red light camerasOhio red light cameras have found their way before the Ohio Senate after a ban on the revenue machines passed the Ohio House. Last June, the state House of Representatives overwhelmingly passed House Bill 69, banning the use of automated ticketing machines with the limited exception of use in a school zone by a police officer when children are actually present.  State Senator Bill Seitz (R-Cincinnati) does not want to see this popular bill passed.  His committee, the State Senate Government Oversight and Reform Committee began consideration of his bill on Wednesday.

To head off this effort, the Seitz bill mimics the police officer requirement of the House proposal but allows speed camera tickets to be issued anywhere in the state as long as the ticket is for an alleged speed of 6 MPH over the limit in a school zone and 10 MPH elsewhere.  He, of course has the help of powerful backers. As reported at www.TheNewspaper.com, “On Tuesday the Traffic Safety Coalition, a front group for Redflex Traffic Systems, the Australian camera vendor, appeared at the Ohio Statehouse with the Ohio Municipal League to oppose the Seitz bill as a “virtual ban” on the use of speed cameras. Representatives of cities with camera programs insist mandating that police officers be present where photo radar is used would make the camera programs lose too much money.”  If the state House and Senate cannot agree on a solution, no changes will be made to existing photo enforcement practices unless the state Supreme Court weighs in on the matter.

Residents in a half-dozen Ohio communities took to the ballot box to reject the decision of their leaders to install Ohio red light cameras and speed cameras. Camera bans were enacted in Steubenville, Cincinnati, Chillicothe, Heath, Garfield Heights, Ashtabula, and East Cleveland.  You can tell Bill Seitz what you think on his Facebook page.

Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio and fighting Ohio red light cameras.  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.”

For more on Ohio red light cameras check these city-specific sites at the following links:
FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville