Ohio Traffic Law

Ohio Traffic Law: Pulling Over For Emergency Vehicles

May 19th, 2014

Here is a great video from the Ohio State Bar Association’s “Law You Can Use” series on Ohio Traffic Law.  This video tells you what you need to do if an emergency vehicle like an ambulance or fire truck is on the road.

Ohio Traffic LawCharles 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 Ohio Traffic Law 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 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 more about Ohio Traffic Law check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

Ohio Traffic Update: Click It Or Ticket

May 13th, 2014

click it or ticketClick it or Ticket our nation’s annual war on seat belts, will begin May 19th and run until June 1st.

NHTSA uses Click It or Ticket as a national campaign centering on the enforcement of seat belt laws.  As with aggressive driving and drunk driving enforcement, the primary audience for this effort is men 18-34.  Research shows that these young men are more likely to not use seat belts.  Seat belts are the most effective safety feature ever invented and have helped save thousands of lives. One in five Americans fail to regularly wear a seat belt when driving or riding in a motor vehicle.  That’s right, all of this over 20% who don’t wear the belt.

The goal of the mobilization is two-fold.  First, it seeks to raise the national seat belt use numbers.  Secondly, it blitzes the airwaves with commercials providing cover for local law enforcement agencies to give seat belt tickets.  If you remember, Ohio grudgingly adopted the mandatory seat belt laws and promised that the seat belt law would not be used as a primary reason to pull someone over (Those were the days). Now, most jurisdictions welcome this campaign because it means grants for overtime, enhanced revenue and justification for traffic enforcement.

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 more about Click It or Ticket check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

Below is the Click It or Ticket commercial that you will see repeated frequently over the next weeks. Enjoy!

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Red Light Cameras Are Getting Some Friends In Downtown Dayton

May 12th, 2014

red light camerasThis site has long argued against the use of red light cameras, speed monitors and drones that target innocent Americans.  Well, Dayton has fallen one more step down the security slippery slope and is installing a full-fledged security spy network.  According to the Dayton Business Journal, 25 new cameras are being set up in and around the city in a project named iDayton.  Cameras will be installed in public parks including Dave Hall Plaza, RiverScape MetroPark and around Courthouse Square. They also will be put around the RTA Hub, outdoor public parking areas, public streets and sidewalks.  The project will be a collaboration between the University of Dayton Research Institute, which is providing the cameras, and the city, which is installing the cameras and network.  These security measures will be in addition to the red light cameras now in use around Dayton.  In a presentation to city commission, Police Chief Richard Biehl said cameras will only view public spaces, and will be marked with signage. There will also be policies governing who can access footage and why, how long footage will be retained, and when it is released for criminal investigations.

If you are opposed to red light cameras or the new security/spy network, contact the Dayton City Commission. The Dayton City Commission is comprised of Mayor Nan WhaleyCommissioner Dean LovelaceCommissioner Joey WilliamsCommissioner Matt Joseph and Commissioner Jeffrey J. Mims.  You can reach the Dayton City Commission at (937) 333-3636 or by Fax at (937) 333-4297 and by email at Anita.Johnson@daytonohio.gov. This is your chance to be heard.  Be sure to let them know that you learned about this issue on the Dayton DUI Blog. :)

Dayton Drunk Driving 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 more about red light cameras in Dayton check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

Ohio Traffic Law and Google Glass

April 24th, 2014

 

298187v1-max-250x250Ohio Traffic Law has yet to weigh in on the issue, but other states are creating speed bumps for Google Glass.

Lawmakers in New York and New Jersey and in at least six other states across the country believe the devices are dangerous when used by drivers. Assemblyman Marcos Crespo (D-Bronx) has introduced one of three bills in Albany that would prohibit drivers from using Glass or similar devices. His bill, however, would go even further. … His bill would let victims of car crashes sue Google and other device manufacturers if the driver who cause the accident was using their wearable device.

This news fits nicely with the Ohio traffic law push to highlight the dangers of distracted driving.  Kettering is the first of what will be many to ban texting while driving and multiple bills are now being considered by the Ohio legislature targeting cell phone usage, texting and other distractions which may lead to an accident.

Ohio Traffic Law 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.”

Find more Ohio traffic law information check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

 

Top Ten Rules for Partying in Ohio

March 31st, 2014

In light of the arrest made following the University of Dayton’s victory, we offer college students these rules for partying (legally) in Ohio.

Rule #1: Don’t Drink and Drive

Ohio has some of the most stringent drunk driving laws in the county.  A first-time offender faces 180 days in jail and a one thousand seventy-five dollar fine, loss of their driver’s license for up to three years and enhanced penalties upon subsequent convictions.  A DUI (called an OVI in Ohio) is not subject to expungement, meaning it will be on your record forever, and subjects an offender to a six (6) year look-back period for enhancements and up to twenty (20) years for enhanced punishments for refusing an officer’s request to provide a breath, blood or urine sample.  In addition to the penalties you will face in court, you may face suspension from your school or other discipline. (Ohio Revised Code 4511.19)

Rule #2: Don’t Drink If You Are Under 21

It is illegal in Ohio for anyone under 21 to purchase, possess or consume an alcoholic beverage.  A conviction of Underage Consumption is a first degree misdemeanor and carries a maximum fine of $1,000.00 and/or up to six months in jail.  Despite efforts to lower the drinking age, the law remains rigidly enforced.  Athletes, students on scholarship and students who live in on-campus housing may face additional harsh penalties for underage drinking and be particularly vulnerable to the penalties that are sure to follow an arrest.  Ohio Revised Code Section 4301.69 contains most of the information concerning underage alcohol possession and use. Penalties are in Ohio Revised Code Section 4301.99.

Rule #3: Don’t Furnish Alcohol to Minors

Furnishing someone under 21 with alcohol is a first degree misdemeanor.  If you are providing the alcohol, make sure you know where it is going.  You may be responsible if an underage person consumes the alcohol and face harsh punishments.  Ohio regularly receives funding for programs aimed at curbing underage drinking and uses these funds to go after people providing the booze.  The bigger your party the more likely it is to draw attention from law enforcement.

Rule #4: Don’t Use a Fake ID

Just possessing  a fake ID is illegal in Ohio and is classified as a first degree misdemeanor.  Using the fake ID to purchase alcohol is punished by a mandatory $250.00 fine and may result in a 3 year driver’s license suspension.  A popular enforcement method is for police officers to serve as vendors in drive-through establishments:  “COPS IN SHOPS”

Rule #5: Don’t Drink Where You Shouldn’t

Ohio has an open container law.  It is a minor misdemeanor to possess in public an open container of an alcoholic beverage.  You are subject to a fine of up to $150.00 (a minor misdemeanor).  Possession of alcohol while in a car bumps the charge up to a fourth degree misdemeanor and subjects the offender to 30 days in jail. 4301.62 Opened container of beer or intoxicating liquor prohibited at certain premises.

Rule #6: Don’t Be Drunk In or Near a Car

Pursuant to Ohio Revised Code 4511.194 (effective Jan. 1, 2005), it is illegal to be in physical control of a vehicle while under the influence. “Physical Control” is defined as being in the driver’s seat of a car and having possession of the vehicle’s keys.  Physical Control does not require that the vehicle have ever been driven or even started.  Under the statute, having the keys within reach will satisfy the definition of having “physical control.”   The crime is one of potentiality, (i.e. you are so close to driving that we will punish you) and speaks to the growing neo-prohibitionist tendencies in Ohio law.

Rule #7:  Don’t Be Disorderly

Disorderly conduct can occur from simply being intoxicated in public.  Officers are given a great deal of discretion in determining what constitutes disorderly behavior.  Disorderly conduct occurs when one recklessly causes inconvenience, annoyance or alarm to another due to offensive conduct. Disorderly conduct also occurs when one makes unreasonable noise in such a manner as to violate the peace and quiet of the neighborhood or to be detrimental to the life and health of any individual.  While normally a minor misdemeanor ($150.00 fine) a disorderly conduct can be enhanced to a fourth degree misdemeanor (30 days jail/$250 fine) if an officer tells you to stop the behavior and you persist. See O.R.C. 2917.11 Disorderly Conduct.

Rule #8: Don’t burn stuff

Intentionally setting fire to property that might endanger other or their property, in fact damages the property of another and/or preventing police, fire or EMS personnel from doing their job is a violation of O.R.C. 2909.01 to 2909.0.  Students at public universities in Ohio who are found guilty of these crimes will lose all state-funded financial aid for two years.

Rule #9: Disperse When Instructed

Failure to disperse is also a crime in Ohio.  You should begin walking away and/or go indoors upon such an order. You must obey all lawful orders given by such persons at an emergency site.  A recent revision in the law makes a failure to disperse in situations such as campus area riots an offense for which you can be arrested and jailed. If you actively hamper police officers, firefighters, emergency medical personnel, and other public officials while they are doing their jobs you subject yourself to the charge of Misconduct During An Emergency.

Rule #10 Don’t Riot

The party is getting out of control.  If more than five people are engaging in disorderly behavior the party may be deemed a riot under Ohio law.  Your participation in a riot may subject you to criminal penalties. If there is violence involved the rioting gets bumped up to aggravated rioting.  Aggravated rioting is a felony level offense.  Those found guilty of rioting and aggravated rioting must be dismissed from their university and are not permitted to enroll in any state-supported institution of higher education for one year.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Huber Heights, Beavercreek, 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, www.facebook.com/daytondui and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.comor write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.