DUI Out-of-State

« Older Entries
Newer Entries »

Prior DUI Offenses (Federal and Out-of-State)

June 15th, 2011

My practice is proud to serve the military community in and around Wright-Patterson Air Force Base.  One of the recurring questions we get from military personnel is whether or not a federal or out-of-state DUI can be used to enhance a DUI they get here in Ohio.  At one time they did not.  Now, however, the offenses received in another state or on federal property do count. See Ohio Revised Code 4511.181(A).  DUI defense attorneys challenged the ex post facto application of R.C. 4511.181(A) but the courts have held that since it serves only as an enhancement it meets constitutional standards. State v. Morrison, 2003-Ohio-3244 (Ohio Ct. App. 8th Dist. Cuyahoga County 2003).

Dayton DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for DUI defense.  With a former J.A.G. on staff and having been declared an expert on evidential breath testing in court martial proceedings by the United States, Charles Rowland is uniquely able to defend your DUI case.  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.  You can also email Charles Rowland at: CharlesRowland@CharlesRowland.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

 

Related articles

2 comments »

Posted in DUI & Military Issues, DUI in Federal Court, DUI Out-of-State

Tags:

Out of State DUI?

March 16th, 2011

By Criminal Defense Attorney Mark J. Babb

Many clients have asked us about the consequences of getting an out-of-state DUI.  The exact answer is different for every situation, but it generally relates to something called the interstate compact.  The interstate compact is a system put in place where states communicate driving infractions and other driver’s license information to each other.  Generally, states honor suspensions, forfeitures, and other traffic consequences from other states.  If you are convicted of an out of state DUI, the penalties in the state where the conviction took place are generally limited to that state.  However, if your state is a member of the interstate compact agreement, the convicting state forwards the information to your home state which may or may not choose to take punitive action.

For example if have an Ohio driver’s license and you are convicted of a DUI in West Virginia, the State of West Virginia will suspend your privilege to drive in the state of West Virginia.  Theoretically, at least, that information will be passed on to the state of Ohio who will then put a suspension on your license for receiving an out of state DUI driver’s license suspension.

The interstate compact is a notoriously flawed system and it often occurs that a state does not communicate information to the home state at all, or there is a tremendous delay in relaying the information to the home state.

The consequences of getting an out of state conviction for DUI vary from state to state.  If you have any specific questions about how the Interstate Compact Act may apply in your case, you may want to contact a DUI/DMV specialist in your state.

Related articles

1 comment »

Posted in Driving Under Suspension, DUI & College, DUI Out-of-State, Ohio Criminal Law

Tags:

Out of State DUI Consequences

February 10th, 2011

Question: I was visiting Ohio when I received an OVI charge; what will happen to my out-of-state license?

Ohio (and 45 other states) are members of the Driver’s License Compact, an agreement wherein member States communicate the fact of a conviction for DUI to the “Home State”. The “Home State” then takes action against the licensee under its own laws. Forty-five States are currently members of the Interstate Compact.  Michigan and Wisconsin are not part of the DLC.   Under all but a few geographical exceptions, it will be impossible for an out of State resident to avoid serious consequences in their home state.  Many out-of-state residents mistakenly assume that their license will remain valid in their home State even if they lose their right to drive in Ohio. Under the registry, (All 50 States) any State that suspends your license must input the suspension into the Registry’s computer databank. Every member State is required to check the registry’s databank whenever a person seeks to have his license renewed or applies for a new license, and are required to deny the license if there is an out of state suspension.

Due to our proximity to Wright Patterson Air Force Base, we have been dealing with out-of-state DUI issues for a long time.  We are able to obtain driving privileges and avoid problems by aggressively fighting the DUI in Ohio.  Often, a reckless operation or physical control violation will have far fewer ramifications on your “home state” license than a conviction for drunk driving.  If you face the possibility of losing your license contact Dayton DUI lawyer Charles M. Rowland immediately at (937) 318-1DUI or 1-888-ROWLAND.

Related articles
Enhanced by Zemanta

No comments »

Posted in Driving Under Suspension, DUI & College, DUI & Driving Privileges, DUI & Military Issues, DUI Out-of-State, DUI Penalties, DUI Trucking & CDL, Ohio Traffic Law

Tags:

Military DUI: What Happens Now?

February 7th, 2011
Wright Memorial at Wright-Patterson Air Force ...
Image via Wikipedia

The consequences of an OVI while serving active duty in the military can be devastating: dishonorable discharge, rank reduction, pay deduction, loss of security clearance, fines and jail time and mandatory military counseling sessions and potential exclusion from some sensitive operations.  Military regulations often subject its members to enhanced Non-Judicial Punishment (NJP), which go above and beyond the punishments allowed by civilian law.  We are seeing more cases where the leadership is “cracking down” on drunk driving offenses and promising to end the career of personnel who are found guilty of an OVI offense.  This limits the ability of commanding officers in protecting their soldiers from harsh consequences and places more and more emphasis on fighting your DUI case.

Defending military clients against DUI charges requires engaging in three battles; the civilian charges in criminal court, the administrative sanctions imposed by the Ohio Bureau of Motor Vehicles (as well as the issues in the state of residence of the military member, as many are not licensed in Ohio), and the military base infrastructure which may or may not include court martial proceedings.  In Ohio, local prosecutors defer to the military in decisions of jurisdiction.  This means that your case may be tried in the civilian courts, or in a court-martial proceeding.  In court-martial proceeding, the legal standard for “impaired” is easier to meet and the punishments more severe. Air Force/military DUI law also does not adhere to state blood alcohol levels, and if deemed under the influence by the hearing officers at the military trial, any blood alcohol level is sufficient for a conviction.  You can expect the case to move much more quickly than in the civilian system.  You can choose to have a private attorney represent you in this case or rely on Area Defense Counsel.  At DaytonDUI we have a full time former J.A.G. officer on staff that can help you with a range of issues related to your DUI arrest.  In addition, Charles M. Rowland II has been certified as an expert in evidential breath testing and has testified as such in court martial proceeding.  Charles M. Rowland II has tried DUI cases in the federal courts.

Located in Fairborn, we have had the privilege of representing hundreds of active duty, civilian and government contracting clients.  We focus 100% on winning your case and having the DUI removed from your record, keeping your record clean and preventing you from losing your license.  We also provide good advice on dealing with out-of-state license issues that may eventually cause problems in your home state.  Given our track record, we are able to help in cases that seem impossible and focus on saving your military career.  You will be treated fairly and meet with the utmost in forthrightness when it comes to matters of billing.  All we do is DUI defense and we do it well.

Contact us today at (937) 318-1DUI or 1-888-ROWLAND or 24/7 at 937-776-2671.  We have offices near Wright-Patterson Air Force Base and can provide 24 hour consultations.  Free initial consultations are provided and you are encourage to check us out at www.DaytonDUI.com or visit the Ohio DUI/OVI Blog at www.DaytonDUI.com/blog.  We can help save your career and get your life back.

Related articles
Enhanced by Zemanta

No comments »

Posted in DUI & Driving Privileges, DUI & Military Issues, DUI in Federal Court, DUI Out-of-State, DUI Penalties

Tags:

Vehicle Seizure in Ohio

November 15th, 2010
The Great Seal of the State of Ohio

Vehicle seizures in Ohio are governed by two separate statutory schemes.  The procedure for OVI vehicle seizures is governed by R.C. 4511.195 and the statutory outline for Driving Under Suspension (DUS) and Wrongful Entrustment Cases is controlled by R.C. 4510.  Your vehicle will be seized if you are charged with any of the following offenses:

  1. A second or greater OVI within six (6) years and/or any felony OVI offense;
  2. Driving Under Suspension, R.C. 4510.11(C)(2);
  3. Driving Under and OVI Suspension, R.C. 4510.14(B)(3)(d);
  4. Driving Under an FRA (Financial Responsibility Act) Suspension, R.C. 4510.16(B)(3);
  5. Wrongful Entrustment, R.C. 4511.203(C)(3); or
  6. Violation of an Immobilization Order, R.C. 4503.236(B).

At or before your arraignment, the DUI offices of Charles M. Rowland II will file a motion to have your vehicle released.  This may save you hundreds of dollars in removal and storage fees.  Call us if you need help with any issue related to an Ohio DUI offense at 937-318-1DUI (318-1384).  Charles M. Rowland II limits his practice to representing the accused drunk driver.  He practices in Dayton and throughout the Miami Valley.

Enhanced by Zemanta

4 comments »

Posted in Driving Under Suspension, DUI & Driving Privileges, DUI Felony, DUI Out-of-State, DUI Penalties, Ohio Traffic Law

Tags: