Tag Archives: arrested for dui in kettering

Arrested for DUI in Kettering? (by DaytonDUI)

Official seal of Kettering, Ohio

If you have been arrested for OVI in Centerville, KetteringMoraine orWashington Township, your misdemeanor OVIcase will be heard in the Kettering Municipal Court.  If you need to find information about a case in the Kettering Municipal Court you can search HERE 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 the Kettering 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 the Kettering Municipal Court, contact Kettering DUI Attorney Charles M. Rowland II today!

You can reach Charles Rowland at 937-318-1DUI (318-1384), 1-888-ROWLAND (888-769-5263), or 24/7 on the after-hours DUI Hotline at 937-776-2671, by texting DaytonDUI (one word) to 50500 or by visiting www.DaytonDUI.comwww.KetteringDUI.com or www.CentervilleDUI.com.  We have augmented our immediate texting service which can be accessed by texting DaytonDUI (one word) to 50500 and we will keep you informed of the many planned OVI/sobriety checkpoints in the area on our BLAWG.  Get 24/7 Twitter updates via SMS by texting DaytonDUI to 40404, or follow us on Twitter @DaytonDUI.  Email us at CharlesRowland@CharlesRowland.com and follow us on facebook atwww.facebook.com/DaytonDUI.  Immediate help is available by filling out the CONTACT form on any of these pages.  PUT THIS NUMBER IN YOUR PHONE: (937)776-2671.

Kettering Municipal Court Traffic Safety Program (by DaytonDUI)

Kettering Municipal Court offers a Traffic Safety Program for eligible participants which allows you to attend a class instead of receiving points for your traffic citation(s). Classes are held monthly on a Tuesday evening from 6:00 to 9:00 p.m. and are taught by police officers at either the Kettering Police Department, 3600 Shroyer Road, or the Centerville Police Department, 155 W. Spring Valley Road. Upon successful completion of the program, your citation will be dismissed and will not appear on your driving record, and you will receive no points on your driving record.

You may be eligible for the Traffic Safety Program if:

  • You can provide proof of automobile insurance
  • Your traffic violation does not have any accompanying criminal charges
  • You have not had a moving traffic violation within the last 24 months
  • You have not been through the Kettering Traffic Safety Program within the last 24 months
  • You plead guilty to the offense by signing the back of your ticket
  • You have not already paid the fine for your citation
  • You must register and pay for the class by the court date listed on your citation

In addition, if you were cited for any of the following violations, you will not be eligible for the program:

  • Driving under suspension
  • Driving under the influence (of alcohol or other drugs)
  • Drag Racing
  • Reckless operation/fleeing police
  • Passing a school bus and school zone violations 10 mph or more over the limit
  • Leaving the scene of an accident
  • Traffic accident violations and violations that may result in liability issues
  • Intentional damage to property or injury to persons

The Traffic Safety Program Director has the right to deny entry to anyone based on past history or inability to meet program criteria.

Sign Up for the Program

If you would like to sign up for the Traffic Safety Program, you must apply in person at Kettering Municipal Court Probation Department. Be sure to come in to apply on or before your court date.

Please be aware: failure to attend the class when assigned will result in a guilty plea being accepted by the Court and the fee for the program will be applied to court costs, fines and school costs. For questions about the program, please contact our Probation Department at 937-296-3328.

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.

Ohio Driver’s License “POINTS”

A typical speed limit sign in the United State...

One of the most frequently asked questions to my staff involve the issue of POINTS on an Ohio driver’s license.  “Points” under Ohio law are set forth at O.R.C. 4510.036(C).  The statute lists the following as 6-point violations:

6 Point Violations
-Aggravated Vehicular Homicide
-Vehicular Homicide
-Vehicular Manslaughter
-Aggravated Vehicular Assault
-Willful Fleeing and Eluding,
-Failure to Stop and Disclose Identity at Accident
-Street Racing
-Driving Under Suspension
-OVI (drunk driving)
-Unauthorized Use of a Motor Vehicle
-Any felony motor vehicle violation or any felony committed with motor vehicle

Four Point Violations
-Operation of a Vehicle After Underage Consumption
-Operation in Willful or Wanton Disregard of Safety (a reckless operation offense)
-Exceeding the Speed Limit by greater than 30 mph.

Two Point Violations
-Exceeding the Speed Limit of 55 by at least 10 but less than 30 mph
-Exceeding the Speed Limit less than 55 by at least 5 but less than 30 mph.
-Operating a motor vehicle in violation of a restriction imposed by the BMV
-Most other moving violations including operating a vehicle w/o a license.

NOTE: If you are nearing the requisite 12 points that will result in a separate license suspension you can attend a TWO POINT CREDIT COURSE as set forth at R.C. 4510.037(C).  For a more detailed explanation of the credit course or to consult with an attorney about your charge.

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.”

Fight Your Marked Lanes Violations, O.R.C. 4511.33 (by Dayton DUI)

Double-yellow line

The National Highway Traffic Safety Administration (NHTSA) has developed a guide for detecting drunk drivers.  In that guide, NHTSA identifies 24 “clues” that potentially impaired drivers exhibit.  Many of those “clues” relate to the driver’s ability to maintain proper lane position.  Your attorney should aggressively defend your driving and point out to a judge or jury other possible causes of weaving such as: texting, eating, telephone calls, conversations with other passengers, changing the radio station, stretching, or fatigue may account for the driving.

Your DUI defense lawyer should also be prepared to argue that your weaving may not violate Ohio law.  Ohio Revised Code 4511.33 is often cited as the reason for initiating a traffic stop.  What does it say?

4511.33 Driving in marked lanes.

(A) Whenever any roadway has been divided into two or more clearly marked lanes for traffic, or wherever within municipal corporations traffic is lawfully moving in two or more substantially continuous lines in the same direction, the following rules apply:

(1) A vehicle or trackless trolley shall be driven, as nearly as is practicable, entirely within a single lane or line of traffic and shall not be moved from such lane or line until the driver has first ascertained that such movement can be made with safety.

(2) Upon a roadway which is divided into three lanes and provides for two-way movement of traffic, a vehicle or trackless trolley shall not be driven in the center lane except when overtaking and passing another vehicle or trackless trolley where the roadway is clearly visible and such center lane is clear of traffic within a safe distance, or when preparing for a left turn, or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle or trackless trolley is proceeding and is posted with signs to give notice of such allocation.

(3) Official signs may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway, or restricting the use of a particular lane to only buses during certain hours or during all hours, and drivers of vehicles and trackless trolleys shall obey the directions of such signs.

(4) Official traffic control devices may be installed prohibiting the changing of lanes on sections of roadway and drivers of vehicles shall obey the directions of every such device.

(B) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

As you can see, Ohio’s “marked lane” law is forgiving and gives a driver a great deal of latitude in leaving a lane of travel.  It states that the car “shall be driven, as nearly as is practicable, entirely within a single lane or line of traffic and shall not be moved from such lane or line until the driver has first ascertained that such movement can be made with safety.”  It is vital that when an officer presents a video tape with de minimus weaving you can make an argument that the law was not violated.

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.”

DUI Blood Tests: Whole Blood vs. Serum/Plasma

English: Bags of blood collected during donati...Ohio Administrative Code 3701-53-03(A) sets forth the techniques and methods for determining the concentration of alcohol in blood, urine and other bodily substances.  Pursuant to that rule, Ohio allows for testing including gas chromatography and enzyme assays.  To challenge a blood test, it is important to know if the State has tested the blood as whole blood or as serum/plasma.  Operation with a concentration of alcohol is prohibited if the concentration in whole blood is equal to or exceeds .08%, R.C. 4511.19(A)(1)(b).  However, the prohibited concentration for whole blood is a concentration equal to or exceeding .096%, R.C.4511.19(A)(1)(c).  The high teir (super-OVI) standard for whole blood is greater than .17% and the prohibited level for blood serum or plasma is greater than .204%.  If your attorney does not understand the difference between a whole blood and a serum/plasma test, he or she may give incorrect advise based on an incorrect assumption.  Secondly, studies suggest that plasma and serum tests can be 16 to 21 percent higher than whole blood tests (Taylor, 2000; Fitzgerald, 1999).  If the report that you receive from the Crime Lab does not specify whether whole blood or serum was tested, consider making a request for independent testing of the sample.

The Ohio rules for collection of blood specimens are set forth at Ohio Administrative Code 3701-53-05.  In State v. Meyers, 146 Ohio App.3d 563, 2001-Ohio-2282 (3d Dist. Allen County 2001), the court allowed the state to use a blood tests that were taken for diagnostic and treatment purposes so long as the tests are in compliance with the OAC regulations.  In State v. Gordon, 2002-Ohio-2140 (Ohio Ct. App. 8th Dist Cuyahoga County 2002) the Eight District Court of Appeals upheld the suppression of a blood draw when the State’s toxicologist did not testify regarding the conversion of the serum alcohol content to a whole blood concentration, nor did the toxicologist testify as to any laboratory procedures for testing blood serum content and converting the results to that of whole blood. See Weiler & Weiler, Ohio Driving Under the Influence, pp. 195-201.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Dayton and throughout the Miami Valley.  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 Facebookwww.facebook.com/daytondui 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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