Even if you are found not guilty at trial, the Automatic License Suspension issued at the beginning of your case will remain in effect.  Yes, even if a jury of your peers concludes that you were wrongly arrested for OVI and exonerates you in court, the harsh ALS penalty will remain in effect.  Guilt or innocence does not matter.  How can this be?

In State v. Lewis, 2010 Ohio 2872 the First District Court of Appeals found that Ohio DUI law calls for an automatic license suspension if a person refuses a chemical test and O.R.C. 4511.191(D)(1) specifically states that “[a]ny subsequent finding that the person is not guilty of the charge that resulted in the person being requested to take the chemical test or tests under division (A) of this section does not affect the suspension.”  The appellate court relied on the case of State v. Kurtz (Dec. 31, 1997), 2nd Dist. No. 97-CA-25.  In that case Kurtz had been stopped and refused to submit to a chemical test resulting in an ALS.  Kurtz eventually pled no-contest to a lesser charge, but the court continued to ALS citing the above statute.

I believe this to be a violation of the United States Constitution and I am looking for the perfect case to challenge this rule. In the United States, every person accused of a crime punishable by incarceration for more than six months has a constitutional right to a trial by jury, which arises in federal court from Article Three of the United States Constitution, which states in part, “The Trial of all Crimes…shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed.” The right was expanded with the Sixth Amendment to the United States Constitution, which states in part, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed.” Both provisions were made applicable to the states through the Fourteenth Amendment.  In the cases Apprendi v. New Jersey, 530 U.S. 466 (2000), and Blakely v. Washington, 542 U.S. 296 (2004), the Supreme Court of the United States held that a criminal defendant has a right to a jury trial not only on the question of guilt or innocence, but any fact used to increase the defendant’s sentence beyond the maximum otherwise allowed by statutes or sentencing guidelines.

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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If you are arrested for OVI in Centerville, Ohio your case will be heard in the Kettering Municipal Court.  The Kettering Municipal Court provides justice services for the communities of Centerville, Kettering, Moraine and Washington Township. The Kettering Municipal Court is located at 2325 Wilmington Pike in Kettering, Ohio 45420.  You can reach the Kettering Municipal Court Clerk’s Office at (937) 296-2461.  The Kettering Municipal Court’s web site is HERE.  You can get directions to the Kettering Municipal Court by clicking HERE.  You can reach the Centerville Police Department (155 W. Spring Valley Rd., Centerville, Ohio 45458) at 937-433-7661 or by fax at (937) 433-0735.  The Centerville Police Department office hours are Monday through Friday 8:00 AM to 4:30 PM.  Visit the Centerville Police Department web site HERE.

If you or a loved one are accused of drunk driving in Centerville, Ohio, CONTACT Centerville OVI attorney Charles M. Rowland II for a free consultation at (937) 318-1DUI (318-1384), or visit www.DaytonDUI.com, www.KetteringDUI.com or www.CentervilleDUI.com. Charles Rowland regularly appears in the Kettering Municipal Court and has worked hard to earn the experience and credentials necessary to defend your Centerville OVI case.  To learn more, check out “How to Hire a DUI Attorney.”

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The purpose of this article is two-fold; the first is to re-emphasize the importance of selecting the best attorney for your case right at the outset.  Most problems can be resolved by talking to your attorney about your case and about your expectations.  The second purpose is to inform you of the legal standard your attorney is judged by and what burden you would carry in order to show that you had a “bad” lawyer.

The leading case on this issue is the United States Supreme Court decision in Strickland v. Washington (1984), 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674.  The Ohio Supreme Court adopts and applies the Strickland decision in State v. Bradley, 42 Ohio St. 3d 136 and the Second District Court of Appeals (which covers most of the Miami Valley) applied the Strickland reasoning in State v. Sparks, 2011 Ohio 3868.  Speaking to the issue of ineffective assistance of counsel, the Court held,

“To reverse a conviction based on ineffective assistance of counsel, it must be demonstrated that trial counsel’s conduct fell below an objective standard of reasonableness and that his errors were serious enough to create a reasonable probability that, but for the errors, the result of the trial would have been different…Hindsight is not permitted to distort the assessment of what was reasonable in light of counsel’s perspective at the time, and a debatable decision concerning trial strategy cannot form the basis of a finding of ineffective assistance of counsel,” State v. Mitchell, Montgomery App. No. 21957, 2008 Ohio 493.

Therefore, to demonstrate that an attorney is ineffective, you must show:

1. 
That the attorney’s actions fell below the standard that is reasonable, AND
2. That, the actions of the attorney were so serious as to create a reasonable probability that the outcome of the trial would have been different.

The basis of an appeal for ineffective assistance counsel can not be based upon a reflection of an attorney’s strategy during trial as the higher court will not use hindsight to determine the appropriateness of the attorney’s strategy.  Even if the strategy was wrongheaded or stupid, even if you did not agree to the strategy and even if the strategy proved amazingly unsuccessful, if the strategy is reasonable, the court will not remand based upon that fact.

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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Does Huber Heights, Ohio Have It’s Own Municipal Court?

If you are arrested for misdemeanor DUI / OVI in Huber Heights your case will be heard in the Montgomery County Municipal Court, Eastern Division (formerly the Montgomery County Area II Court).   Many refer to Area II as the Huber Heights Municipal Court, but the court’s jurisdiction is larger, covering regions in north-east Montgomery County including the city of Riverside, Ohio.  The Montgomery County Area Two Court is located at 6111 Taylorsville Rd., Huber Heights, OH 45424-2951.  You can contact the court’s Traffic/Criminal Division at  (937) 496-7231, the Civil Division at (937) 225-5824 and you can fax information to (937) 496-7236.

Charles M. Rowland II appears regularly in the Montgomery County Area Two Court (Huber Heights Municipal Court) and has established a Huber Heights DUI information page at www.HuberHeightsDUI.com.  If you need an aggressive and experienced Huber Heights DUI lawyer, contact Charles M. Rowland II at 937-318-1DUI (318-1384) today.

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Being overweight can impact your performance on the standardized field sobriety tests.  The government agency tasked with verifying the validity of the standardized field sobriety tests is the National Highway Traffic Safety Administration (hereinafter NHTSA).  NHTSA concedes that being fifty or more pounds overweight affects performance on the one-leg stand test; a test requiring the suspect to raise a foot off the ground and stand on one foot for 30 seconds. See NHTSA, DWI Detection and Standardized Field Sobriety Testing, Participant’s Manual (2006), re: WAT at VIII-11, re: OLS at VIII-13. Id. re: 50 lbs at VIII-13.  In older versions and in the early validation studies, the same overweight warnings were applied to the walk and turn test. Given that 64.5 percent of Americans are overweight and 30.5 percent are obese, we see that a vast number of Americans may be bad subject for at least two of the three standardized field sobriety tests.  See Dixie L. Thompson, Jennifer Rakow, Sara M. Perdue, Relationship between Accumulated Walking and Body Composition in Middle-Ages Women, OFFICIAL J. OF THE AMERICAN COLLEGE OF SPORTS  MEDICINE, 913 (Jan. 2004).  Science also tells us that age, physical activity and gender can affect the performance on the standardized field sobriety tests.  Charles M. Rowland II has completed the most recent NHTSA training in standardized field sobriety tests and can help you aggressively fight your Ohio DUI case.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Huber Heights, Beavercreek, Springboro, 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.

 

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