Category: Springfield DUI Attorney

Springfield OVI – What To Expect

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Screen Shot 2016-05-26 at 3.01.34 PMfirst offense Springfield OVI is defined at O.R.C. 4511.19 as a DUI with no priors within 6 years.  A first offense OVI can be charged in three ways.  The first charge is caused by testing over the legal limit of .08% B.A.C. (example O.R.C. 4511.19(A)(1)(d)).  These types of offenses are also referred to as “per se”  violations.

A second way to be charged is for violating the high-tier provision of Ohio’s OVI law.  Ohio has also created a per se “high-tier” limit of .17% BrAC, sometimes referred to as a SUPER-OVI.  The per se high-tier limits for a first offense OVI are set forth at O.R.C. 4511.19(A)(1)

  • (f) The person has a concentration of seventeen-hundredths of one per cent or more by weight per unit volume of alcohol in the person’s whole blood.
  • (g) The person has a concentration of two hundred four-thousandths of one per cent or more by weight per unit volume of alcohol in the person’s blood serum or plasma.
  • (h) The person has a concentration of seventeen-hundredths of one gram or more by weight of alcohol per two hundred ten liters of the person’s breath.
  • (i) The person has a concentration of two hundred thirty-eight-thousandths of one gram or more by weight of alcohol per one hundred milliliters of the person’s urine.

Appreciable Impairment Offenses:

If you refuse to take a chemical test, the State might still be able to prove you guilty of a first offense OVI if they prove (beyond a reasonable doubt) that you  operated a motor vehicle after having consumed some alcohol, drugs of abuse, or a combination of the two and their ability to operate the motor vehicle was appreciably impaired.  How does a jury determine “under the influence?”  The following is an excerpt from the Ohio Jury Instructions:

“Under the influence” means that the defendant consumed some (alcohol) (drug of abuse) (combination of alcohol and a drug of abuse), whether mild or potent, in such a quantity, whether small or great, that it adversely affected and noticeably impaired the defendant’s actions, reaction, or mental processes under the circumstances then existing and deprived the defendant of that clearness of intellect and control of himself/herself which he/she would otherwise have possessed. The question is not how much (alcohol) (drug of abuse) (alcohol and a drug of abuse) would affect an ordinary person.

What Was The Effect?

The question is what effect did any (alcohol) (drug of abuse) (alcohol and a drug of abuse), consumed by the defendant, have on him/her at the time and place involved. If the consumption of (alcohol) (drug of abuse) (alcohol and a drug of abuse) so affected the nervous system, brain, or muscles of the defendant so as to impair, to a noticeable degree, his/her ability to operate the vehicle, then the defendant was under the influence. The Ohio jury Instruction cites language from State v. Hardy (1971), 28 Ohio St.2d 89, 57 O.O.2d 284, 276 N.E.2d 247; and State v. Steele (1952), 95 Ohio App. 107, 52 O.O. 488, 117 N.E.2d 617.

The “appreciable impairment offense” is set forth at Ohio Revised Code 4511.19(A)(1)(a) which states,

(A)(1) No person shall operate any vehicle, streetcar, or trackless trolley within this state, if, at the time of the operation, any of the following apply:

(a) The person is under the influence of alcohol, a drug of abuse, or a combination of them.

First Offense OVI Penalties:

The following penalties are reserved for first offense Springfield OVI offenders.  Obviously, it is in your interests to hire counsel who can assess your case and provide you with an honest assessment of your case.  In addition, be sure to discuss not only the mitigating factors that your attorney should know, but the not-so-good aspects of your case.  Judges have discretion to look at many factors in fashioning a remedy and your attorney should be able to give you an idea of how to approach your case so as to minimize any potential penalties.  Here are the range of possible penalties for a first offense OVI.

  • Jail – 3 Days Minimum up to 6 Months or,
  • Driver Intervention Program – For 3 Days
  • Jail – 6 Days (If Blood Alcohol Concentration .17 or Above)
  • License Suspension – From 6 Months to 3 Years
  • Reinstatement Fee – $475.00
  • Fine – From $375 to $1,075

 

Hiring Your Springfield OVI Attorney

Obviously, if you were to lose your job and/or your career because of a Springfield OVI conviction the lifetime costs skyrocket.  Insurance premiums, damages caused by personal injury or costs of restitution for property damages also cause the costs to climb.  In addition, some of the expenses highlighted above can take years to come to fruition. The lingering effects of having a drunk driving conviction may be with you for life.  The good news is that a good OVI attorney can significantly curb the financial detriments incurred in a OVI case.

While predicting what an attorney can save you is just as wildly speculative as predicting costs, it is common for many of the costs to be subject to negotiation and/or reduction.  Furthermore, a reduction of the charge will lower the possible maximum fines. The reduction can also get rid of ugly mandatory punishments required by Ohio’s OVI statute. O.R.C. 4511.19.  The best way to explore how much a vigorous OVI defense will costs in your case, contact Charles M. Rowland for a free consultation at (937) 318-1384 or 888-769-5263. For over twenty years, I have represented clients in Springfield. I work hard at what I do. I limit my practice to OVI defense. Finally, thank you for considering me for your defense.

Charles Rowland, your hometown attorney, limits his practice exclusively to OVI defense.

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Springfield Ohio OVI Defense Attorney Charles M. Rowland II

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If you are arrested on suspicion of OVI (drunk driving) anywhere in Clark County, Ohio, it is important to know your rights. Charles M. Rowland II has been defending the accused drunk driver in the Clark County Municipal Court since 1995. Some of his credentials include:

  • Former city prosecutor (Xenia, Greene County, Ohio)
  • Expert witness in evidential breath testing
  • Certified in the Intoxilyzer 8000 breath testing machine
  • Trained in Drug Recognition Expert protocol
  • Certified in the BAC DataMaster breath testing machine
  • Certified in the Standardized Field Sobriety Testing protocol
  • AVVO Superb Lawyer (10/10) for over 8 straight years
  • Top Attorney for DUI Defense, Car & Driver (13) and Time (13)
  • Fellow to both the American and Ohio Bar Foundations
  • Super Lawyer rated in the field of OVI defense

If you are considering hiring an attorney in your Clark County or Springfield OVI case, please call Charles M. Rowland II today for a free consultation at (937) 318-1DUI or 888-ROWLAND.

springfield OVI

Springfield OVI Attorney Charles Rowland

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Springfield OVI Attorney Charles M. Rowland II

Charles Rowland has been defending Clark County residents accused of drunk driving for over twenty years and has made himself Springfield’s choice for OVI defense.  If you face a charge, call him today at (937) 318-1384.  If you need to find information about a case in the Clark County  Municipal Court you can search HERE for case information/case look-up,  or visit the court’s web site HERE.  You can also visit SpringfieldDUI.com or SpringfieldOVI.com.

Springfield OVI Attorney Charles M. Rowland II

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We are proud to be your Springfield OVI Defense Firm!

springfield oviBabb & Rowland is proudly located in Fairborn, Ohio at 2190 Dayton-Yellow Springs Dr.  You can find us at Exit 20 (the Fairborn High School Exit) just off I-675.  Our offices are conveniently located near our Clark County clients and just a 10-15 minute drive from downtown Springfield.  You can find us on the web at www.SpringfieldDUI.com or www.SpringfieldOVI.com.  Charles M. Rowland II has regularly appeared in the Clark County Municipal Court representing the accused drunk driver since 1995.  We can lay claim to the title “Springfield’s DUI Law Firm” because we are the only firm with an attorney dedicated exclusively to DUI Defense.

If you have been arrested for DUI in Clark Count, Ohio, your misdemeanor Springfield OVI case will be heard in the Clark County Municipal Court.   If you need to find information about a case in the Clark County  Municipal Courtyou can search HERE for case information/case look-up,  or visit the court’s web site HERE.

Your Springfield OVI defense firm also provides representation in the Enon.  The Enon Mayor’s Court is located at 363 East Main St. in Enon,Clark County, Ohio.  If you find yourself arrested for OVI in Enon, you will appear before Magistrate Stephen Hume.  Court is conducted at Wednesday evening at 6:00 p.m.  For information about the Enon Mayor’s Court you can visit their website HERE or contact the Enon Mayor’s Court by email atenoncourt@enonohio.com.  If you are sending a payment to the court, please use the following address: Enon Mayor’s Court, PO Box 232, Enon, OH  45323 or call the Court at (937) 864-7870.

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”

For more on Springfield OVI, please check out these city-specific sites:

Fairborn, Dayton, Springfield, Kettering,Vandalia,Xenia,Miamisburg,Huber Heights,Springboro,Oakwood,Beavercreek, Centerville

Springfield OVI Attorney Charles M. Rowland II

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springfield ovi The Clark County/Springfield OVI Task Force is a coalition of 13 area agencies formed last year following a $136,000 grant from the Ohio Traffic Safety Office.  The task force is made up of the Health District, Springfield Police Division, Clark County Sheriff’s Office, Ohio Highway Patrol, Ohio Department of Transportation, Clark County EMA, Springfield Fire and Rescue Box 27, Ohio Investigative Unit and police departments in North Hampton, Enon, South Charleston, Tremont City and German Twp.  The Task Force is very active, routinely operating Springfield OVI checkpoints.  Recently, the Clark County OVI Task Force has operated OVI checkpoints in Springfield, Buck Creek State Park and Enon.

If you have been arrested for OVI in Springfield by the Clark County OVI Task Force, your misdemeanor OVIcase will be heard in the Clark County Municipal Court.   If you need to find information about a case in the Clark County  Municipal Court you can searchHERE for case information/case look-up,  or visit the court’s web site HERE.  Charles M. Rowland II has represented the accused drunk driver in Springfieldand the Clark County Municipal Court since 1995.  Charles Rowland dedicates his practice to OVI law and has some of the most impressive credentials for OVI attorneys in the state of Ohio.  If you find yourself in need of criminal representation in theClark County Municipal Court, contact Springfield OVI Attorney Charles M. Rowland II today!

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.”

For more info on Springfield OVI cases, check these city-specific sites at the following links:

Fairborn, Dayton, Springfield, Kettering, Vandalia,Xenia,Miamisburg, Huber Heights, Springboro,Oakwood,Beavercreek, Centerville