Posts Tagged ‘arrested for ovi’

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Are We Living In The Good ‘Ole Days?

January 18th, 2012

Reduced Crime Rates Recall Golden Era

For the past twenty years the United States has been living through a phenomenon.  In a recent Washington Post editorial, Chales Lane wrote,

Between 1991 and 2010, the homicide rate in the United States fell 51 percent, from 9.8 per 100,000 residents to 4.8 per 100,000. Property crimes such as burglary also fell sharply during that period; auto theft, once the bane of urban life, dropped an astonishing 64 percent. And FBI data released Dec. 19 show that the trends continued in the first half of 2011. With luck, the United States could soon equal its lowest homicide rate of the modern era: 4.0 per 100,000, recorded in 1957.

You read that right…1957!  “Only 38 percent of Americans say they fear walking alone at night within a mile of their homes, according to Gallup, down from 48 percent three decades ago.” Id.  The drop in crime rates is also having a measurable impact on our collective feelings of well being.  “In August 1994, 52 percent of Americans told Gallup that crime was the most important issue facing the country; in November 2011, only 1 percent gave that answer.” Id.

Lane’s main point is one that we cannot overlook, “[o]n the whole, though, what’s most striking about the crime decline is how little we know about its precise causes. ” Id.  He goes on to stat that “[c]ontrary to liberal belief, incarcerating more criminals for longer periods probably helped reduce crime.  Contrary to conservative doctrine, crime rates fell while Miranda warnings and other legal protections for defendants remained in place.” Id.  What is important to all of us is to realize the world around us is abetter place.  As a person who has spent all of his life in the criminal justice system, I know that it will always be a battle.  For just a moments let’s savor what we have.

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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Posted in Ohio Criminal Law

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New Year’s Eve By The Numbers

January 3rd, 2012
OH - Highway Patrol Badge

According to this storyin the Dayton Daily News, New Year’s Eve was safe. “There were relatively few OVI arrests, and the Dayton Daily News had received no reports of traffic fatalities directly attributed to drunken driving Saturday night as of Sunday afternoon.”  The most active State Highway Patrol Post was Montgomery County which made seven OVI arrests over the weekend.  Miami County OSP made three arrests, Warren County OSP made one and Greene County made no OVI arrests over the New Year’s Eve weekend. “Police departments from Beavercreek to Vandalia and down through Franklin also reported an uneventful New Year’s Eve, with few drunken driving arrests. In Kettering, police held an OVI Task Force on Friday night and stopped a number of drunken drivers, but Kettering reported zero OVI arrests on Saturday night.”  WDTN reported that Dayton Police  was very active this weekend making twenty OVI arrests while Piqua saw four arrests and Wapakoneta had only two.

Not widely reported is that the OSP and local agencies did not hold OVI checkpoints, but instead relied on tried-and-true police enforcement tactics such as “saturation patrols” and putting extra officers on the street.  Now that we are achieving record levels of safety, perhaps courageous officers will come out against OVI checkpoints as ineffective and expensive as compared to saturation patrols.  There is also a good argument that OVI roadblocks have engendered anger and distrust among the public whereas officers who pull over dangerous drivers are perceived as the heroes they truly are.  A good example is Kettering.  Kettering rarely has checkpoints, but the police are active in making the roads safe by conducting OVI “stings” at appropriate times during the year.  My New Year’s resolution is to  continue to fight to end checkpoints and fight for clients who are falsely accused of the highly politicized crime of drunk driving.

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Posted in Auglaize County, Beavercreek DUI, Centerville DUI, Clayton DUI, Dayton DUI, DUI Checkpoints, Fairborn DUI, Huber Heights DUI, Kettering DUI Attorney, MoraineDUI, PiquaDUI, Vandalia DUI Attorney

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Ohio State Highway Patrol Reports A Safe Holiday Weekend

December 27th, 2011
English: PEARL HARBOR (Aug. 24, 2010) Chiefs a...

During this past holiday reporting period of Midnight, December 23 through 11:59 a.m. on December 26, eight people were killed, with one death attributed to impaired driving. This represents a nearly 43 percent decline in fatalities from last year when 14 people were killed and the lowest amount of Christmas Holiday fatalities in the past four years. In addition, Patrol OVI arrests increased more than 28 percent. For a complete statistical recap of the Patrol’s Holiday enforcement visit http://statepatrol.ohio.gov/doc/christmas_2011.pdf

Ohio is on pace to see a decline in the number of people killed on Ohio’s roadways in 2011, after experiencing a spike to 1,080 last year. Ohio experienced a record low in 2009 with 1,022 fatalities. So for this year, reports indicate 963 confirmed deaths and an additional 47 provisional unconfirmed deaths, for a total worst case scenario of 1,010 traffic deaths with five days still remaining in 2011.

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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Posted in Holiday Messages

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Should I Blow?

December 23rd, 2011

Under What Circumstances Should I Take A Breath Test?

To blow or not to blow, that is the question.  Unfortunately, the answer is “maybe” and involves a very complicated investigation of the facts of your case and your personal history.  You should NEVER refuse the test without understanding how a refusal would affect YOU.  No attorney can know all of the circumstances of your arrest and your personal history, always ask to speak to an attorney when making this decision.

Can you answer “TRUE” to ALL of the following questions? If so, you can politely DECLINE any police test(s) of your blood, breath, or urine with minimum impact.  Be prepared and know your rights.

a. I am an Ohio license holder, 21 years or older; AND

b. I was not involved in an accident involving possible death or to serious injury to ANYBODY, even members of my family, pedestrians or passengers; AND

c. I do not have a commercial driver’s license (CDL); AND

d. No matter where I currently have a license to drive, I have had no prior drunk driving convictions or deferred pleas for DUI in ANY state within 6 years (from the date of conviction until now).

Refusing a chemical test can result in harsh penalties which includes a one-year license suspension, but your attorney can fight to get this reduced.  In some courts your refusal may be held strictly against you and in others you may be able to get a reduced suspension despite your refusal.  In State v. Hill, 2009-Ohio-2468, the Appellate Court upheld the right of a trial court to enhance a penalty based on a refusal to take the chemical test. In most circumstances, a refusal to take a chemical test will result in a longer hard-time suspension (30 days rather than 15 days without any driving privileges). [see the Automatic License Suspension section of this blog].  You should also engage in an honest assessment of your alcohol consumption. If you risk testing over Ohio’s “super-OVI” threshold (over a .17% BAC) you may do harm by taking the test.  Take these factors into account when making your decision to blow or not to blow.

Any criminal defense attorney would rather have less evidence against you rather than more, but giving blanket advice to refuse the chemical test is a mistake.  Be prepared to make the best decision for you.  You can also plan ahead by storing my contact information in your smart phone: (937)776-2671.

 

Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (1-888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.Immediate help is available by filling out the CONTACT form on any of these pages.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter at www.Twitter.com/DaytonDUI or Get Twitter updates via SMS by texting follow DaytonDUI to 40404. DaytonDUI is also available on Facebook and you can access updates by becoming a fan of Dayton DUI/OVI Defense.  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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Posted in Breath Testing

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Aggravated Vehicular Homicide, O.R.C. 2903.06

December 19th, 2011

Aggravated Vehicular Homicide, O.R.C. 2903.06,  is a crime that results from the death of another caused by the defendant’s operating a vehicle while impaired (a violation of R.C. 4511.19)  or while driving negligently or recklessly.  The statute  encompasses driving an automobile recklessly or negligently (called Vehicular homicide) whether or not alcohol played a part in the death.  Often, defendants are indicted for multiple counts, with additional counts for each victim of the accident.

Under the reckless section of the statute you will be found guilty of a third degree felony which rises to a second degree felony if the driver is under suspension at the time of the offense.  Aggravated vehicular homicide when impaired as defined in R.C. 4511.19 is a second degree felony which rises to a first degree felony if the driver was under suspension at the time of the offense. Penalties include mandatory prison terms with a penalty of up to 10 years in prison and a $20,000 fine for the 1st degree felony and prison up to 8 years and a fine up to $15,000 for the 2nd degree felony.

If drunk driving (now called OVI; operating a vehicle while impaired)  has been charged as the proximate cause of the death, the penalties become mandatory and are very difficult to get reduced or lowered.  Often, these cases are high-profile cases engendering much prejudice toward the defendant.  This  is the time to hire someone who has been successful in trying aggravated vehicular homicide cases.  Call Charles Rowland at 937-318-1DUI (318-1384).

If you’ve been arrested on charges of aggravated vehicular homicide, it’s essential to talk to an attorney about your case before talking to investigators. Charles Rowland has represented felony defendants in Dayton and throughout the Miami Valley.  To schedule a confidential consultation to discuss your case contact Charles Rowland at 937-318-1DUI (318-1384).  Charles Rowland, “All I Do is DUI defense.“

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Posted in DUI Felony

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