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Defending Your Miamisburg OVI Charge – Call (937) 318-1384

00Miamisburg DUI AttorneyTags: , , , , , ,

Miamisburg DUI AttorneyCharged with a Miamisburg OVI?

We have been helping people in the Miamisburg Municipal Court since 1995.  Charles M. Rowland II dedicates his practice to representing the accused drunk driver and regularly appears on behalf of Miamisburg OVI clients. If you are arrested on suspicion of a Miamisburg OVI (drunk driving) in MiamisburgWest Carrollton,GermantownGerman Township or Miami Township, your misdemeanor DUI case will be heard in the Miamisburg Municipal Court.  The Honorable Robert W. Rettich III  is the Judge of the Miamisburg Municipal Court which is located at 10 N. First Street, Miamisburg, Ohio 45342, serves a population of over 80,000 and handles in excess of 15,000 cases per year.  The court is open Monday through Friday, 8:00 am — 4:00 pm and can be reached at (937) 866-2203.  The Miamisburg Municipal Court has a very good web site that you can access at www.miamisburgcourts.com.  Follow the links below to utilize popular aspects of the Court’s site:

Miamisburg OVI Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miamisburg and throughout Ohio.  He has the credentials and the experience to win your case and has made himself Miamisburg’s choice for drunk driving defense. Contact the Miamisburg OVI Law Firm of 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 free DaytonDUI text alerts at your fingertips by texting DaytonDUI (one word) to 313131.  Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog.  You can emailCharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

 Find Miamisburg OVI and other local court information at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville 

 

Top 10 Defenses To An Ohio OVI Case

00Illegal Police Stops

 

When people need an Ohio OVI Attorney, the biggest challenge is knowing whether or not an attorney truly has the skills, knowledge, training, tools, resources, and strategies that are needed to successfully resolve and win drunk driving cases. Countless attorneys handle impaired driving cases,  but only a very small percentage have the skills, knowledge, training, tools, resources, and strategies that are needed to successfully resolve and win cases. Unfortunately for the public, even attorneys who have been practicing law for many years and devote a significant portion of their practice to OVI law, often don’t have the skills, knowledge, training, tools, resources, and strategies that are needed to successfully resolve and win DUI cases. Make sure your attorney is  familiar with these “TOP 10” defenses to an Ohio OVI.

1. Hire The Best DUI Attorney: The most important decision that you can make in defending your case is hiring the right OVI defense attorney.  OVI defense involves understanding Ohio’s complex impaired driving  laws, the Ohio Administrative Code, the breath test device, standardized field sobriety testing (administration and interpretation) and all manners of science which may affect your case. Defense begins with an attorney who has the experience to fight your case, the scientific knowledge to attack in the right places, and the skill to negotiate with the prosecuting attorney to secure the best outcome.  We have written “How To Hire An Ohio OVI Attorney” to help you understand some issues you may not consider.

2. Illegal Police Stop: If the officer lacked proper cause to initiate a traffic stop, your case may be dismissed.  The Fourth Amendment requires an officer have a reasonable suspicion that a crime is being committed or about to be committed before making a traffic stop. Reasonable suspicion may consist of any minor traffic offense, such as speeding, weaving, an accident, expired plates, or a failure to activate headlights.  Upon being stopped the officer must establish an articulable reason to continue your detention to do an alcohol/drunk driving investigation.

3. Improper Administration of Standardized Field Sobriety Tests: If an officer improperly administers the field tests, gives faulty instructions, misunderstands how to administer the tests or holds the accused to impossible standards, then the botched tests amount to nothing more than “Stupid Human Tricks.”  Standardized Field Sobriety Tests (SFST) were developed by the National Highway Traffic Safety Administration (NHTSA) to help determine the level of intoxication of a driver without chemical testing. When an OVI suspect refuses a chemical test, the tests can be substantial evidence of intoxication.  The NHTSA has guidelines as to how the standardized field sobriety tests must be given. If the arresting officer fails to substantially comply with the guidelines established by the NHTSA, then the results of the tests are not admissible as evidence against the defendant. Your Ohio DUI defense attorney will be familiar with the standardized tests, the NHTSA manual and have experience cross-examining an arresting officer.

4. Faulty Interpretation of the Standardized Field Sobriety Tests: The officer may say all of the right things to get a valid field sobriety test, and still improperly interpret what he or she is seeing.  Your Ohio DUI defense attorney will review any video of the stop to make sure that your fields tests were fairly administered and properly scored.  Arresting officers can (and do) misinterpret the performance of the SFST’s, and determine the performance to be a failure. The dashboard video and aggressive cross examination of the arresting officers will determine whether a DUI defendant actually failed the SFST’s, or if the officer made a mistake. If the defendant did not fail the SFST’s, the results will serve as evidence that the defendant was not intoxicated.

5. Unlawful Arrest Not Supported By Probable Cause:  Assuming the officer has made a valid traffic stop, he or she must continue the investigation until probable cause exists for an OVI arrest.  Often, an officer intending to determine whether probable cause exists for an OVI arrest will make the arrest before this determination is made. When this happens, the officer has made an unlawful arrest, and all evidence obtained after the arrest may be deemed inadmissible in court.  Placing a suspect in a patrol car or ordering a suspect to follow directions before determining a suspect’s sobriety may constitute an unlawful arrest. If so, any evidence obtained regarding intoxication may be deemed inadmissible in court.

6. Officer Error Prior To Chemical Testing: If any statements are made after the accused is in custody, they may excluded unless a proper Miranda warning was given.  The officer must also satisfy a 20 minute observation period prior to administering an evidential breath test.  The breath test must be given within three hours of operation.  The officer must make sure that the testing conditions are free from radio frequency interference and that the testing location is not otherwise compromised.  Prior to requesting a suspect to submit to a chemical test, the arresting officer is required inform the driver of the consequences of submitting to the test, the driver’s right to refuse to submit to the test and the consequences for so refusing. If the driver submits to the test, he may be providing the State with evidence of intoxication. Failure of the arresting officer to advise the suspect of the above may render the results of the test, or the refusal inadmissible, and may fail to justify a license suspension.  Your Ohio DUI defense attorney should have a firm understanding of the Ohio Administrative Code and its requirements for a proper chemical test.

7. Bad Breath: A Flawed Breath Machine: Above we discussed defenses that arise prior to the administration of the chemical test.  There are also potential defenses present in the administration of the test. You Ohio DUI defense attorney will be familiar with the Ohio Administrative Code requirements regarding calibration and officer performance.  You should ask your Ohio DUI defense attorney to show you the “guts” of the tests that are available at the Ohio Department of Health website.  What is more, you should only hire an attorney who has become certified on the breath test machine or attended sufficient specialized training so that he or she can spot any issues with the results.  Machines, despite what some may say, are far from perfect and often a keen eye will result in a “Not Guilty.”

8. Discovery, Discovery, Discovery: Your Ohio DUI defense attorney cannot defend you against an issue he or she does not know exists.  An experienced DUI defense attorney will get proper discovery to explore every possible defense.  Filing motions for discovery, motions to preserve evidence and expeditiously obtaining the evidence is a good start.  In every DUI case, I submit a comprehensive discovery request for every type of evidence possible.   I contact the law enforcement agency directly to place it on notice to preserve evidence, such as dashboard videos and booking videos. These videos must be requested before they are destroyed. These videos can be indispensable in establishing exactly how a field test was administered, how a driver performed, and can also establish whether a driver’s speech was slurred. Often, these videos contradict an officer’s allegations and exonerate the driver.

9. Credibility Is King:  The coin of the realm in all plea negotiations is the credibility, experience and knowledge.  Credibility comes from presenting your case in a way that makes the prosecutor understand your arguments.  Experience is knowing when and where to be persuasive.  Most prosecutors distain whiners, bullies and bullshit artists, so don’t do it.  I always strive to earn the respect of every prosecutor I come into contact with.  Knowledge about Ohio DUI defense comes from being dedicated to learning as much as you can.  We once had a slogan that said, “Is your attorney thinking of DUI defense right now? If not call DaytonDUI.”  I have practiced DUI defense since 1995 and have practice DUI defense exclusively for many of those years.  I continue to try to establish myself as one of the best DUI attorneys in Ohio.

10. Noting Matters If You Won’t Fight: You can have the best defenses in the world, but they won’t matter unless you pursue them.  A good attorney will not only pursue the best possible plea, but will prepare for trial.  Your attorney should provide context and give you enough information to make a good decision.  Your attorney has an obligation to give you information and abide by your decision.  If you think you have a good chance of winning, make sure you hire an attorney who can execute and try your case.  In our office we say “good things happen at trial.”

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Credentialed, Reviewed, and Experienced… Call Charles Rowland (Dayton DUI) Today!

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Defense of an Ohio DUI or alcohol-related charge can be challenging. The main witnesses against you are the police. There is scientific evidence from the breath test, blood test or urine test that is presented against you.  Ohio has set strict limits on the ways the chemical tests can be attacked.  Your attorney will need to be familiar with the defenses and be skilled enough to present those to a judge or jury.  Often, a video tape of the arrest will be bolstered by the police officer’s testimony.  Your performance on the standardized field sobriety tests may be damaging to your case. The potential for devastating consequences also exists in all DUI cases: loss of freedom, loss of license, loss of job, and the lasting stigma of a criminal conviction. Your best chance at winning your case is to hire an attorney with the experience and skill necessary to win.

I focus my practice exclusively on defending those accused of misdemeanor and felony OVI offenses.  I have obtained certification on the BAC DataMaster, the Intoxilyzer 8000 breath test machines and I have been certified in forensic sobriety assessmet and drug recognition protocol.  I have received the same training in the administration of standardized field sobriety tests as law enforcement officers and I have lectured on these topics, teaching the same skills to other attorneys. I also volunteer my time to the Greene County Police Academy, twice a year conducting a DUI mock trial for training purposes. I also participate in leading national groups who are at the cutting edge of DUI defense. These groups include the National College for DUI Defense, The DUI Defense Lawyers Association, The American Association of Premier DUI Attorneys, the Ohio State Bar Foundation, the American Bar Foundation and various Bar Associations. I have been designated a Super Lawyer for DUI defense. I have been nationally recognized for my work and I have received a perfect 10/10 from AVVO since 2006. I have the experience and skills necessary to win your case.

Here are some of the testimonials I have received.

 

Great service from a great man!!

  • Didn’t make empty promises
  • No hidden costs
  • I was able to complete my immigration process

I got into trouble (DUI) early in December 2015 and had a very high blood alcohol level and operated the vehicle without a license ( I’m a foreigner ) busy with my immigration process and this was very bad for me!! I was in trouble big trouble until I went online and had Charles represent me!! From the start he was straight forward and giving it to me the way it is!! He didn’t make empty promises and there was no hidden costs or anything like that!! Charles got my charges down to what is needed for me to be able to continue my immigration process into this great country!! Thanks Charles for everything you are truly a great man and if anyone ever have any trouble I would for sure recommend Mr Rowland !!

DUI CLIENT

Excellent!

  • Very professional
  • Couldn’t be happier

Mr Rowland was very professional and got the job done in a very timely manner! I couldn’t be happier with everything he has done for me. I would highly recommend Mr, Rowland!

DUI CLIENT

The outcome I needed!

  • I recommend Charles Rowland
  • Reduced to reckless operation after positive breath test
  • Saved me hundreds, if not thousands in court fees
  • He knows what he’s doing

Mr. Rowland and his knowledgeable, prepared team got the job done. He was able to get my OVI charge reduced to a reckless operation after a positive breath test. This not only keeps an OVI off my record, but saved me hundreds If not thousands of dollars in fees, court costs, license reinstatement charges, etc. It is apparent through my work with him that he knows what he is doing when it comes to helping clients face these charges, and that it is critical to have someone with his knowledge and relationships working on your behalf. He comes with my highest recommendation.

DUI CLIENT

Yay!

  • I recommend Charles Rowland
  • Professional and Honest
  • No points or DUI are going on my record
  • It probably saved my job

Would definitely recommend Mr.Rowland. He’s awesome, professional, and honest. My DUI was amended to a physical control, no points or DUI are going to be on my record, saving my position at work, and thousands of dollars in insurance premiums. I witnessed Mr. Rowland having a good working relationship with the ppl, staff, other attorneys, probation dept. at the court where my hearing was held, so I can only assume he does at other courts too.
A lil bit pricy..but it’s not horrible, and totally worth it. I wish I could’ve had somebody like him for my divorce!!!

DUI CLIENT

Saved my job, best around

  • I recommend Charles Rowland
  • My test was over the limit
  • He got my charge knocked down to a reckless operation
  • It probably saved my job

I had a test that was over the limit and he got my charge knocked down to a reckless operation. It probably saved my job and saved me alot of money.

TOM, DUI CLIENT

Helped my son

  • I recommend Charles Rowland
  • I “liked” his Facebook page because of the interesting and informative content
  • He was the first attorney to come to mind when my son got a DUI
  • Without his personal representation things would not have worked out as well as they did
  • Do yourself a favor and add him to your contacts

I first learned of Mr. Rowland and his practice through his DaytonDUI FaceBook site and decided to “Like” it because of the interesting and informative content… I am very grateful for my decision because when my son had an uncharacteristic lapse of judgment and got into trouble Mr. Rowland was the first attorney that came to mind. I can say a lot about how considerate, knowledgeable, and professional Mr. Rowland was while representing my son, but I will just say that I believe that without his personal representation things would not have worked out as well as they did. Everyone makes mistakes, know your rights and know who to call if you or a loved one finds themselves in need of a great attorney. I will always confidently refer the services of Mr. Rowland for anyone who needs help and I will always be grateful to him for helping and guiding my family through a very tough ordeal. Do yourself a favor and add him to your contacts…

ANONYMOUS, DUI CLIENT

One of the best lawyers in Dayton! Hire him

  • I recommend Charles Rowland
  • He helped my husband with a DUS (driving under suspension)
  • He knew exactly what he was doing and up for the challenge
  • His knowledge and abilities shows dedication & hard work
  • He helped my husband stay out of jail and keep his license

Charles Rowland helped my husband very recently with a case that involved a long past of DUS (driving under suspensions). Charles Rowland worked very hard to help my husband stay out of jail and he got to keep his license. This whole nightmare is over finally! Charles is very personable and confident with his cases. I felt like he knew exactly what he was doing and was up for any challenge. His knowledge and abilities shows dedication and hard work. I would recommend him for any defense case, he is very persuasive.

MOLLIE, DUS CLIENT

Best DUI attorney around

  • I recommend Charles Rowland
  • My friend recommended him to me who had used his services
  • He said he would take care of it…and he did!
  • His secretary is super helpful and knowledgeable

Mr. Rowland was recommended to me by a friend who had used his services. I was so worried about the trouble I was in, but Mr. Rowland assured me that he would take care of it… and he did! Even gave me his after-hours number, if I needed it. He made me feel like a real person rather than “just a client”. His secretary is super helpful and knowledgeable – which is great when Mr. Rowland isn’t available to answer my questions. I am SO happy I hired Mr. Rowland!

ANONYMOUS, DUI CLIENT

Best DUI lawyer in the state

  • I recommend Charles Rowland
  • He is extremely knowledgeable
  • He cares deeply for his clients
  • He makes sure his clients are treated fairly

Charlie is the best DUI Lawyer in the state of Ohio. He is extremely knowledgable and also cares deeply for his clients and makes sure they’re treated fairly.

ANONYMOUS, DUI CLIENT

Highly recommend

  • I recommend Charles Rowland
  • I wanted a good lawyer so I could beat this case
  • He definitely knows what he’s doing
  • He got my DUI dropped… I almost couldn’t believe it

I’m a recent college graduate who just started looking for a job and happened to get pulled over at the wrong time. Thought i did well on my test and i blew twice the limit. I wanted a good lawyer so i could beat this case and i couldn’t of chose a better lawyer than Mr. Rowland. A very very friendly down to earth person and he definitely knows what he’s doing. He was able to get my DUI dropped and i almost couldn’t believe it. Anyways i highly recommend Mr Rowland if you are in the same position i was in.

KYLE, RECENT COLLEGE GRADUATE, DUI CLIENT

What a blessing

  • I recommend Charles Rowland
  • Mr. Rowland did an excellent job in getting my life back in order
  • I was reassured that he would be there every step of the way, no substitute attorney
  • My OVI was taken care of to my satisfaction.  He did that and more.

I made a big mistake and Mr. Rowland did an excellent job in getting my life back in order. Nobody wants to ever be charged with an OVI. I was and it was the scariest thing I had ever felt. I was reassured by Mr. Rowland that he would be there every step of the way, no substitute attorney, and get it all taken care of to my satisfaction. He did that and more. His staff was especially helpful too. I would recommend this Attorney for anyone going through this situation.

ANONYMOUS, DUI CLIENT


Mr. Rowland is an AMAZING lawyer and GREAT at what he does!

  • I recommend Charles Rowland
  • He told me he worked for me and would do what I wanted him to do.
  • I was offered deals I did not like, each time he got me a better deal until he finally got me off all together!
  • I did not have to go to jail or have house arrest!
  • Most other attorneys would have talked me into taking the first plea bargain.

I hired Mr. Rowland as a defense attorney for a DUI. Before hiring him I read his website and liked what I saw. I set up a consultation and was really impressed by what he had to say. I had received several solicitations in the mail from other attorneys looking to represent me but I didnt care for that. I hired Mr. Rowland and from the start he told me to remember that he is working for me and will do what I want him do.

At the pre trial I was offered something that I did not like. Mr. Rowland told me he would like to talk to them more personally so we could possibly get a better deal. I also wanted a better deal. We moved forward with case and went for a motion to suppress. I met Mr. Rowland a little before the hearing and they had offered me a much less jail time and some house arrest. I liked the deal much better as I would not be spending so much time in jail. Mr. Rowland again informed me that he was working for me and he explained the other options I had available, which would going to a jury trial. Mr. Rowland then told me to wait a few minutes, he is going to see if he can get an even better deal. After about 10 minutes he walks out with a smile on his face and tells me that I am not being convicted of a dui anymore!

I could not believe it! Mr. Rowland went over every single detail in the report, he went through everything and found something in there that prevented them from convicting me. I did not have to go to jail and I did not get any house arrest. It may not seem like a big deal but it was a mandatory 20 days in jail if convicted.

I can not thank him enough for his help! It is obvious that he has spent a very long time learning everything there is to know about dui defense. I know I could not have done it without him and most other attorneys would have talked me into taking the plea bargain.

JUSTIN, DUI CLIENT

Excellent attorney and great person

  • I recommend Charles Rowland
  • I was in some serious trouble and he helped me out emmensley!!!
  • He genuinely cares about his clients!

Charles Rowland is an excellent attorney.  I was in some serious trouble and he helped me out emmensley!!! He is not only a great attorney but a good person in general.  He had a great deal in changing my life for the better and keeping me out of future trouble.  I would recommend him and refer to anyone.  He is very good at his job and genuinely cares about his clients!  There aren’t enough words to express my gratitude to him.  I would like to say a heartfelt thank you to someone who has not only helped out legally but has also played a big part in changing my life thank you very much Mr. Rowland.  Sincerely, A Grateful Client

VICTORIA SCIORTINO, DUI CLIENT

Outstanding work! Saved my career!

  • I recommend Charles Rowland
  • He was the only one who seemed to just do DUIs
  • He challenged the ticket & got the charge reduced
  • What a relief!!!!

Everything was on the line for me after I was charged based on the sensitive nature of my work. I researched a number of criminal defense/ ovi attorneys. Charles was the only one who seemed to just do DUIs. I can’t tell you how pleased I was with the service and the result in my case. Charles challenged the ticket at a number of levels and was able to reduce the charge to something that didn’t cost me my job or my freedom. What a relief!!!!

ANONYMOUS, DUI CLIENT

Springfield OVI – What To Expect

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Screen Shot 2016-05-26 at 3.01.34 PMfirst offense Springfiled 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.

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.  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

Party Plates (Ohio’s Scarlet Letter)

When are yellow OVI plates required?  If you are convicted of OVI in Ohio, yellow “restricted plates” are required in certain circumstances.

  • If you are convicted of OVI as a first offense, the judge has discretion to order restricted plates as a condition of granting you limited driving privileges.
  • If you are placed under and administrative license suspension, a judge has discretion to order restricted plates as a condition of granting limited driving privileges.

Is an Interlock Ignition Device Mandatory?

The device is not mandatory on a first offense OVI in Springfield.  Judges have discretion to require the ignition interlock device on first offenses, but on subsequent offenses the IID is mandatory.  It is important to speak with an experienced attorney who is familiar with the judge presiding over your case to get an idea of whether or not you will likely receive an ignition interlock device on a first offense.

Immobilization

If you do not have a prior OVI offense, getting your car back is relatively easy as Ohio OVI law does not authorize immobilization as a penalty for a first offense.  Here are the steps you should take to get your car back.

  • Locate the proper tow lot;
  • Gather enough cash (or other proper payment) to pay towing and storage fees;
  • Gather proof of ownership; and
  • If you were placed under and Administrative License Suspension, get a licensed driver to drive your car from the impound lot.

If you have trouble with ANY of the items above, contact your Springfield OVI attorney and they will help get your car back.  Our office has even gone as far as having our staff drive to the tow lot on our client’s behalf.  It is to your advantage to move quickly in order to save storage fees.

What does a first offense OVI defense cost?  We encounter many people who want a rational, economic justification for hiring an OVI attorney on a first offense OVI.  The only study I could find on this topic was a 2006 Texas Department of Transportation study which calculated the costs of a drunk driving conviction “in that state showed the total costs of a DWI arrest and conviction for a first-time offender with no accident involved would range from $9,000 to $24,000.” [source]  In a story from CNBC citing that study, they speculate that total costs, absent you losing your job, could range as high as $20,000.  While projecting costs without knowing your particular circumstance is wildly speculative, here are some of the expenses you may realize:

  • Court costs.
  • Attorney fees.
  • Loss of job.
  • DUI “school.”
  • Temporary loss of income.
  • Car towing, impounding.
  • Alternate transportation costs.
  • Car ignition interlock device.
  • Periodic blood testing.
  • Monthly monitoring fees.
  • Cost of incarceration.
  • Increased auto insurance premiums

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.  Some of the expenses highlighted above can take years to come to fruition and 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.  A reduction of the charge will not only lower the possible maximum fines, but 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.

Drugged Driving: What Does The State Have To Prove

00DUI, Drugs & DrivingTags: , , , ,

You are getting older. So you are prescribed DrugX by your physician.  You take DrugX responsibly, but a police officer stops you and because you exhibit some evidence of impairments (bloodshot eyes or constricted pupils..). The officer arrests you for OVI and the prosecutor allows the officer to testify as to the effects of DrugX.  With the “expert” testimony of the officer a jury finds you guilty. Is the officer’s opinion enough, or must the State prove that the impaired driving was caused by DrugX?

In State v. Hammond, an officer was using the latest tool given to Ohio law enforcement officers – ARIDE (Advanced Roadside Impaired Driving Enforcement).  It is being used to augment an officer’s observations in standardized field sobriety tests to prove impairment by a variety of prescription and illicit drugs. Here, “a relatively inexperienced state trooper testified affirmatively to leading questions on redirect examination that Hammond’s consumption of prescription drugs impaired his ability to operate a motor vehicle to a noticeable degree.” A urine test revealed the presence of N-Desmethyldiazepam, Oxazepam, and Temazepam in the 70 year-old defendant. The Defendant’s wife testified he takes medications for blood pressure, cholesterol, sleep and pain. She further testified he had been taking those medications for 15 years, and they did not impair his driving. She explained he suffered two strokes, he has degenerative disc disease, he has an artificial ankle, and he walks with a cane.

A bench trial was held before a judge. Without proving a nexus between the drug and the impairment, all the court heard were the officer’s conclusory and definitive opinion that the old man was impaired.  Amazingly, the judge found the Defendant guilty.  Upon appeal, the court reversed holding that the prosecution must prove a nexus between the drug(s) ingested and the impaired driving ability. The court commented the prosecution could prove that nexus with either expert testimony regarding the potential side effects of the medication or testimony from a non-expert regarding the side effects of that particular medication on that particular defendant.

We conclude the state failed to establish the required nexus between Hammond’s impaired condition and the prescription medications he took. We sustain Hammond’s first assignment of error, reverse the judgment of the trial court, and remand the cause to the trial court to vacate her OMVI conviction and sentence.

The prosecution did not introduce either type of evidence in this case. The officer was not an expert: he was not qualified to testify regarding the side effects of N-Desmethyldiazepam, Oxazepam, and Temazepam. The officer also did not have personal knowledge of how those medications effect Hammond. Without such testimony, the prosecution failed to prove the requisite nexus between the drug(s) ingested and Hammond’s impaired driving ability. Therefore, the evidence was insufficient to prove Hammond’s guilt, so the conviction was overturned.

My takeaway from this case is that ARIDE is faulty and dangerous. If this man can be found guilty based on nothing more than an inexperienced officer’s opinion, none of us are safe from a false conviction. Drugged driving is dangerous, but a better solution must exist than allowing police to target anyone, and anytime for arrest.