DUI Out-of-State

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Ohio DUI Law: Crossing Jurisdictional Lines

February 16th, 2012

 

Jukebox in Glopheim café, Norway.

THE FACTS: Suppose a person sits at a bar in Richmond, Indiana listening to John Mellencamp on the juke box and drinks to a point where he exceed the .08% BAC limit in Indiana.  The person then gets in his car and drives from Richmond, Indiana into Ohio.  While in Ohio and still in excess of the .08% BAC limit he drives through Eaton, Preble County, Ohio.  Leaving Enon, the driver is noticed by a citizen who alerts the Enon Police Department and the Ohio State Highway Patrol about erratic driving and “Jack & Diane” being played very loudly in violation of the municipal noise ordinance.  Near the Preble County boarder the defendant is intercepted by a trooper who follows him all the way to the Oregon District in Dayton, Ohio.  While listening to “I Fight Authority,” the driver is arrested for Operating a Vehicle Impaired and is summoned to appear in the Dayton Municipal Court.  He also receives summons to appear in Enon Municipal Court (Preble County) and a summons to appear in the court in Indiana.  According to Ohio law where can the defendant be tried?

The Defendant may argue that he was first drunk in Indiana.  Since he was charged in Indiana he argues he cannot be tried for OVI in Ohio.  Ohio disagrees.  In State v. Smith (1991), 61 Ohio Misc. 2d 165, Ohio asserted the right to try a defendant irrespective of whether or not a similar charge exists in another state.  This makes sense from a public policy standpoint as it is the job of Ohio judges to protect Ohio citizens from the harm of criminal conduct.

The only good news for our defendant is that he cannot be tried in both Enon Municipal Court and the Dayton Municipal Court.  Why?  In State v. Anderson (1989), 57 Ohio App. 3d 108 the court held,  ”[t]he Double Jeopardy Clauses of the United States and Ohio Constitutions forbid the prosecution of a defendant for drunk driving by a political subdivision when that defendant has already been placed in jeopardy by another political subdivision of the same state for the same offense, stemming from the same underlying course of conduct.”

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro, Huber Heights, Oakwood, Beavercreek, Centerville 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 and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324. “All I do is DUI”

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Driving Under Suspension in Ohio

December 11th, 2011
Seal of Ohio
Image via Wikipedia

Ohio’s Driving Under Suspension (DUS) law is formidable.  The statutory scheme encompasses over 20 different types of suspensions ranging from Automatic License Suspensions for DUI offenses to suspensions for failing to purchase adequate insurance coverage. Please click on the links below for specific information. If you need additional information on Ohio’s DUS law, or if you find yourself charged with Driving Under Suspension or any of the myriad offense that require contact with the Ohio Bureau of Motor Vehicles, please contact Dayton traffic attorney Charles M. Rowland II at (937)318-1DUI [318-1384] today.

Types of Suspensions in Ohio

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An Ohio OVI Conviction May Prevent Entry Into Canada

November 27th, 2011

Driving Under the Influence May Prevent Entry Into Canada

Senate Chamber, Centre Block of the Parliament...

Canada places strict limits on who may enter.  One of the most vexing restrictions is the Criminal Inadmissibility due to a DUI charge.  Shockingly, you may also be denied admission due to the conduct of a dependent who has a prior DUI offense.  Obviously, the best way to prevent a problem is to hire an aggressive DUI/OVI attorney who will fight to prevent a conviction.  Tell your Ohio OVI attorney about any Canadian travel you regularly take or may be required to take for your business.  However, if you have been previously convicted of a DUI you should contact a qualified immigration attorney who can address your issues prior to your planned trip.  HERE is a link to a firm which specializes in immigration issues (please note we have no relationship with this firm, they just provide good information).

Criminal inadmissibility can be overcome permanently by Criminal Rehabilitation or temporarily by obtaining a Temporary Resident Permit.  There are two ways to be deemed Criminally Rehabilitated.  The first is to be “Deemed Rehabilitated.”  If you have only been convicted of a single DUI/OVI offense and ten (10) years have elapsed since completion of the sentence you can be deemed rehabilitated.  Yes, you read that right…  TEN YEARS are required to rehabilitate a DUI conviction.  Please also note that the ten years starts after completion of the sentence, not ten years from the date of the offense. Canada also allows you to “Apply for Rehabilitation.”  To be eligible, a period of five (5) years from the completion of the entire sentence must have elapsed.  If you have more than one DUI offense you must “Apply for Rehabilitation” because the “Deemed Rehabilitated” status only applies to first offenders.  You can also overcome inadmissibility by applying for an receiving a Temporary Residence Permit.  You have to state with particularity why you wish to enter the country and satisfy Canadian immigration officials that you should be allowed to enter.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver  in:  Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro, Huber Heights, Oakwood, Beavercreek, Centerville 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 to40404. DaytonDUI is also available on Facebook and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at:CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

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Strange DUI Violations (from Total DUI)

October 6th, 2011

This picture is being used with permission of the original posting site [HERE].

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Americans With DUI Convictions Being Turned Away By Canadian Border Guards

October 2nd, 2011

Vancouver Sun Reports That Restrictions on DUI Convictions May Be Loosened

The Canadian government has, for the past few years, conducted an unprecedented crackdown on Americans who have been convicted of drunk driving.  By law, U.S. citizens with DUI convictions can enter Canada only if certain conditions are met. They can enter if they have had 10 crime-free years since their conviction. If at least five years have passed, they can apply for a visa, but applications can take more than a year to process.  The last option is to apply for a temporary resident permit, but these are handed out only in “exceptional” cases.  In the worst cases, American have been caught off-guard by their inadmissibility and lost money, vacations and/or business opportunities.  David Goldstein, CEO of the Tourism Industry Association of Canada,said the number of American tourists who spent at least one night Canada has steadily fallen from 15 million in 2002 to 11.7 million in 2010. (As quoted in the Vancouver Sun article below).  Goldstein said it’s not just outdoor enthusiasts who are being turned away for long-ago DUI convictions, but business people who are coming to Canada to attend conferences.

Fearing the loss of business, and the possible impact on fishing and hunting tourism, Canadian tourism officials are lobbying for a relaxation of the rules.  As quoted in the Vancouver Sun, Canada Border Services Agency president Luc Portelance said CBSA and Citizenship and Immigration Canada were reviewing different options to relax some of the restrictions and “reduce bilateral irritants with the U.S.”  For instance, they are considering letting border guards to allow entry “of foreign nationals with less serious inadmissibilities, including some DUI cases.”  They are also looking at ways to improve communication with American travellers “caught off-guard by their inadmissibility” and to simplify relief options for them.  David Goldstein, president and CEO of the Tourism Industry Association of Canada, said Friday he is encouraged the government is talking about loosening some of the rules.

The impact of the Canadian governments restrictive policies hits home in Ohio.  Canada is Ohio’s largest export destination, purchasing nearly 44% of all shipments from the state, over five and a half times that of the state’s next largest foreign market (Mexico) and more than all of the state’s next 18 most significant destinations combined. Furthermore, an estimated 267,500 jobs in Ohio are supported by Canada–U.S. trade. (Source)  According to Canadian government statistics, Ohio residents made 629,500 visits to Canada, spending $257 million.  As entry into Canada is important to Ohio residents, fighting a DUI has become a vital component of international business.  If you are facing a DUI arrest, contact Charles M. Rowland II at (937)318-1384 or 1-888-ROWLAND.  You can also visit www.DaytonDUI.com or follow developments in DUI law on www.Facebook.com/DaytonDUI.

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