WE CAN HELP IF YOU ARE ARRESTED ON BASE

We have a former J.A.G. officer on staff to help with military DUI/OVI cases.  Located conveniently near Wright-Patterson Air Force Base, Charles M. Rowland II has successfully represented active-duty military, contractors, and civilian employees for over 15 years.  He knows how to deal with issues of deployment, security clearances, loss of rank, loss of on-base driving privileges and issues related to out-of-state licenses.  If you find yourself arrested for OVI in or near Wright-Patterson Air Force Base and you will be required to appear in the United State Federal Court or the Fairborn Municipal Court contact Charles Rowland today.

Charles Rowland is licensed to practice in the State of Ohio and concentrates his  OVI, DUI and Drunk Driving practice in the following counties: Montgomery, Greene, Miami, Warren, Butler, Preble, Darke, Logan, Clinton, Shelby, Champaign, Clark, Clermont and Hamilton, Ohio. Charles Rowland practices in the following municipal courts: Kettering Municipal, Dayton Municipal, Montgomery County Area Courts One and Two, Trotwood and Huber Heights, Miamisburg Municipal, Vandalia Municipal, Xenia Municipal, Fairborn Municipal, Clark County Municipal, Troy Municipal, Franklin County Municipal, Hamilton County Municipal, Butler County Municipal Courts Area One Two and Three.

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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1. Child Custody – If you are involved in a custody dispute, or have a vindictive spouse who would like to start one, a DUI/OVI conviction can be used against you in domestic relations court.  Automatic suspensions may make it difficult to exercise visitation with your children.  You may also find a court who will refuse to let you transport the children due to a DUI/OVI conviction, thereby increasing the cost or difficulty in seeing your kids.  Visit www.OhioDivorceAttorney.com for issues involving child custody. MADD has advocated putting a provision in every divorce decree calling for immediate suspension of parental rights if the parent if found to be driving while intoxicated.

2. Adoption – Some investigating agencies will use a DUI/OVI conviction against a party seeking to adopt children.

3. Car Insurance - Some companies will drop you if you have a drunk driving conviction and others may deny claims.  Others raise rates dramatically and still other companies force you to buy “high risk” insurance.  You can expect higher costs and less coverage for your dollar.

4. Employment – Given the societal stigma of a DUI/OVI, many companies will terminate an employee who is charged or convicted of an OVI.  Particularly vulnerable employees include those who drive company cars, those who drive between states for their jobs, those who are covered by fleet insurance and those who have management jobs.  In this tough job market you want to check your employment handbook for any reporting obligations a DUI/OVI require.  You have to decide if the employer needs to know, or, if they will be placated by telling them that you are aggressively fighting your charge.

5. Professional Licenses – Are you a doctor, lawyer, nurse, daycare worker, cosmetologist, private security, barber or any other many other workers required by your state to hold a professional license?  Do you hold a security clearance?  Holders of a professional license may face a range of sanctions for a DUI/OVI conviction, including mandatory alcohol counseling, fines, probationary discipline, license review, denial of a license or revocation of an existing license.  Obviously, you should fight your DUI/OVI charge with vigor to avoid these devastating results.

6. Civil Lawsuits – If you are involved in a drunk driving accident you become a target for victims of personal or property damage.  Many times the societal approbation against drunk driving will motivate someone to seek revenge to assure that you are punished for your negligent and reckless behavior.

7. Pilot’s License – Those holding an FAA Airman’s Certificate are subject to reporting and disclosure requirements.  A DUI is a “motor vehicle action” pursuant to section 61.15 of the FAA Aviation Regulations.

8. Military Induction – The ramifications of a DUI/OVI may prevent or delay induction into the military.  Recruiters are loathe to interfere with an order of any court.

9. Educational (College) Problems – Many colleges, depending on the facts of the case and whether or not the DUI was on school property, will haul you before a disciplinary committee when you are convicted (in some cases charged) with a DUI/OVI offense.  These sanctions are further complicated if you are applying to a college or university.

10. Travel - Canada’s Immigration and Refugee Protection Act may prevent entry into Canada following an OVI conviction. [see previous articles on this topic]  You may also face travel restrictions if you engage in travel to sensitive places.

11. Immigration Issues – DUI/OVI is not a crime of violence but may still carry immigration issues.  Make sure your attorney can get advise from a competent immigration attorney.

12. Commercial Drivers – See the numerous articles I have written on the plight of professional drivers who face the loss of their careers even when driving a non-commercial vehicle on their own time.

13. Enhancement – A DUI/OVI in Ohio is never expungeable and will follow you for 6 years for enhancement purposes.  This means that if you are convicted of a second OVI within 6 years you will face harsh enhanced penalties.  A DUI/OVI will also require you to submit to a chemical test (no-refusals) for 20 years following a conviction.

Given all the above, many times the most difficult aspect of a DUI/OVI is telling those people you love you have been charged.  The National Highway Transportation Administration, MADD, The Century Council, schools and colleges all spend millions of dollars on educational programs and television commercials stigmatizing the act of drunk driving.  DUI clients are perceived as guilty without a presumption of innocence afforded to most defendants.  Furthermore, it causes stress and financial concerns in families that can cause minor fissures to become major cracks.  If you find yourself charged with a DUI/OVI please contact a competent criminal defense attorney who can protect you from this many-tentacled beast.  Charles M. Rowland II has dedicated his practice to representing the accused drunk driver.  Contact him immediately at 937-879-9542 or 1-888-ROWLAND

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One Strike and You’re OUT. An Update on the Self-Reporting Requirement. 

The military has always been the employer of last resort.  When the economy is good the military is hard pressed to meet recruitment.  When the economy is bad the military can and does get very picky.  Today the civilian authorities seem to agree that the best place to cut federal spending is the military.  Force reduction has been policy in the past and will be again in the future.  The self-reporting requirement is a force management tool.

For the individual member the best advice is not to self- report.  As a practical matter it is unlikely any service would Court Martial any member for failing to self report a previous arrest or conviction as the only charge.  Much more likely the violation would be charged along with a laundry list of other, and most likely aggravated offenses.   By self-reporting the member starts  the machinery to  be possibly separated administratively.  Once the Commander is advised of the misconduct under regulation he must at least consider the member for separation.  Marginal members will be separated but there is even significant pressure on the Commander to separate even stellar performers.

I still believe that self reporting violates Article 31 UCMJ. But the effect is the same, without advisement no one subject to the code can order a military member to statements of self incrimination. The CAFF specifically refused to decide Serianne on Constitutional grounds. This leaves an issue as to whether the self reporting regulation does violate Article 31, UCMJ.  The Navy has rewritten its regulation to eliminate the vagueness sited by the Navy Court of Criminal Appeals.  I believe if the services continue to right regulations requiring self-reporting eventually the court will have to rule on constitutional grounds. Id. at 584-85.

“CAAF noted that NMCCA “described Article 1137 as ‘superior competent authority’ over the Instruction, and further described the reporting requirement in the Instruction as ‘inconsistent’ with the exclusion provided in higher authority, the United States Navy Regulations.” CAAF agreed, noting:

The lower court’s description of Article 1137 as “superior competent authority” is consistent with Article 0103 of the United States Navy Regulations, which states that the United States Navy Regulations serve as “the principal regulatory document of the Department of the Navy,” and specifically states that “[o]there directives issued within the Department of the Navy shall not conflict with, alter or amend any provision of Navy Regulations.”” …

CAAF held:  “The self-reporting requirement in the Instruction did not provide Appellee with the rights afforded by a superior competent authority, Article 1137. As such, the Instruction did not provide a legal basis for finding Appellee derelict in the performance of a required duty, and the military judge did not err in dismissing the charge.”

Richard T. Brown, USAF Judge Advocate (ret) is “of counsel” at Brown, Rowland, Babb & Campbell in Fairborn, Ohio.  He concentrates his practice in the field of Elder Law and consults on military issues related to family, criminal and juvenile law.  Richard Brown is a regular contributor to the OhioDUIblog.com.  Contact Richard Brown at (937) 879-9542 or visit www.DaytonEstatePlanningProbate.com.

Listed below are the names, addresses and phone numbers, including links, to the law enforcement agencies in Greene County, Ohio.  If you are arrested for OVI in Greene County, Ohio and need to get information about your case (such as police reports or information about vehicle impoundment) contact the numbers below.  Charles M. Rowland II has been an attorney in Greene County, Ohio for over fifteen years.  He has been the President of the Greene County Bar Association and has served on the board of Greene County’s Mental Health & Drug and Alcohol Treatment provider (TCN-BHS).  Contact Charles M. Rowland II today at 937-318-1DUI (318-1384), 1-888-ROWLAND (888-769-5263), or visit any of Charles Rowland’s Greene County DUI websites, www.BeavercreekDUI.com, www.FairbornDUI.com, www.XeniaDUI.com or www.OhioDUIdefense.com.

• 88^th Security Forces Squadron, 1800 Van Patton Dr., Wright-Patterson, A.F.B., OH45433, (937) 257-6516 http://www.usacops.com/oh/p45433/index.html
• Beavercreek Police Department, 1388 Research Park Dr., Beavercreek, Ohio45432, (937) 427-5525 http://ci.beavercreek.oh.us/city-offices/beavercreek-police/
• Bellbrook Police Department, 15 E. Franklin St., Bellbrook, Ohio45305, (937) 848-8484 www.cityofbellbrook.org
• Cedarville Police Department, 14 E. Xenia Ave., Cedarville, Ohio45314, (937) 776-5205 http://www.usacops.com/oh/p45314/index.html
• Fairborn Police Department, 70 W. Hebble Ave., Fairborn, Ohio45324, (937) 754-3000 http://ci.fairborn.oh.us/pd.htm
• GreeneCounty Sheriff’s Office, 120 E. Main St.,  Xenia, Ohio45385, (937) 562-4800 www.co.greene.oh.us/
• Jamestown Police Department, 84 Seaman Dr., Jamestown, Ohio45335, (937) 675-4111
• Ohio State Highway Patrol, Xenia Patrol Post, 517 Union Road, Xenia, Ohio45385, (937) 373-7671 http://statepatrol.ohio.gov/
• SugarcreekTownship Police Dept., 4398 Clyo Road, Centerville, Ohio45459, (937) 848-6161 http://www.sugarcreektownship.com/fw/main/Police-Department-11.html
• WrightStateUniversity Police Dept., 3640 Col. Glenn Hwy., Dayton, Ohio45435, (937) 775-2111 http://www.wright.edu/police/
• Xenia Police Dept., 101 N. Detroit St.,  Xenia, Ohio45385, (937) 376-7220 http://www.ci.xenia.oh.us/index.php?page=police-division\
• Yellow Springs Police Department, 100 Dayton St., Yellow Springs, Ohio45387, (937) 767-7206  http://www.yso.com/index.php?page=police-department

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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.

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