Tag: Associated Press

Policing For Profit Approved By Ohio Supreme Court

00DUI Case LawTags: , , , , , , , , , , , , , , , , ,

policing for profitIf you were hoping that the Ohio Supreme Court would curtail a city’s ability to implement policing for profit, you would be disappointed.  Last week, in Walker v. Toledo, Slip Opinion No. 2014-Ohio-5461, a divided Supreme Court ruled that cities in Ohio have complete freedom to set up tribunals that do away with due process protections for motorists accused by a machine.

The majority opinion, written by Justice Kennedy held specifically that,

Municipalities have home-rule authority under Ohio Constitution, Article XVIII,to impose civil liability on traffic violators through an administrativeenforcement system—Ohio Constitution, Article IV, Section 1 and R.C.1901.20 do not endow municipal courts with exclusive authority overtraffic-ordinance violations—Municipalities have home-rule authority toestablish administrative proceedings, including administrative hearings,in furtherance of traffic ordinances, that must be exhausted beforeoffenders or the municipality can pursue judicial remedies.

Without permission from the General Assembly, in 2008 Toledo allowed Redflex Traffic Systems of Australia to set up shop and issue $120 traffic tickets in the city’s name (what we call policing for profit). Vehicle owners could only contest these fines by attending an administrative hearing set up by Toledo. Bradley Walker filed a challenge to his citation on the grounds that the state constitution gives only the legislature the power to set up judicial bodies.

The high court majority did not buy that reasoning and instead agreed with Redflex that cities set up quasi-judicial taxicab review boards without statutory authority, so automated ticketing tribunals should be allowed as well. The court majority insisted the 2008 Mendenhall v. Akron case allowing cities to set up camera programs on their own authority includes permission to set up judicial panels (view decision).

“The reality of municipal civil enforcement of ordinances does not involve regulating the jurisdiction of courts,” Justice Sharon L. Kennedy wrote for the majority. “As we made clear in Mendenhall, civil enforcement of municipal ordinances complements the work of the courts. It does not restrict it… We agree with Redflex’s proposition that municipalities have home-rule authority to establish presuit civil administrative proceedings, including administrative hearings, on civil liability for traffic-law violations.”

The three dissenting justices countered that it is absurd to say that a city council has the power to restrict the jurisdiction of the municipal court by taking away the right to hear traffic camera cases and hand it to a hearing officer. Under state law, the municipal court has jurisdiction over “any ordinance” within its territory, except parking tickets. The dissenting justices accused their colleagues of playing word games.

“It is evident under this statute that the General Assembly has vested the municipal court with jurisdiction over the violation of any ordinance generally and any misdemeanor specifically, other than parking violations,” Justice William M. O’Neill. “The term ‘any ordinance’ does not need interpreting. It is clear on its face. Other than the specifically mentioned parking violation ordinances, ‘any ordinance’ covers ‘any ordinance,’ which includes Toledo Municipal Code 313.12. This is the only logical interpretation of this statute.”

This is a significant policing for profit decision, because a bill effectively banning red-light and speed cameras sits on Gov. Kasich’s desk for approval.  If vetoed, it looks like Ohio red-light and speed cameras will be here to stay for a long, long time despite the will of the people.

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 policing for profit, check these city-specific sites at the following links:

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

What Happens At A DUI Arraignment?

00DUI Court ProcessTags: , , , , , , , , , , , , ,

DUI ArraignmentThe following will happen when you appear for your DUI arraignment.

The Judge, will explain the complaint to you which details the offense(s) you are charged with, and will explain it to you if you do not understand the nature of the charge(s). The Judge will also advise you of the potential penalties.

You will have the opportunity to ask questions that you have on the rights explained here, the charge, or the maximum penalty possible under the law.

You will have the right to retain an attorney even if you intend to plead guilty, and a right to a reasonable continuance to secure an attorney.

If you do not intend to be represented by an attorney, you will be asked to sign a waiver form, if the potential sentence in your case carries possible jail time.

Please do not make statements concerning the facts of your case until the Judge asks you for a statement. Any statements you make may be used against you at a trial if a plea of not guilty is entered.

You may choose to enter any of these pleas at your arraignment:

By pleading NOT GUILTY, you are denying the charge. The prosecution will be required to prove its case against you beyond a reasonable doubt at a trial.

The plea of GUILTY is a complete admission of your guilt. If you plead guilty, you will be permitted to give a statement or explanation to the Judge before the sentence is imposed.

The plea of NO CONTEST at your DUI arraignment is not an admission of your guilt, but is an admission of the truth of the facts alleged in the complaint or citation, and the plea or admission shall not be used against you in any pending or subsequent civil or criminal proceeding.

It is of vital importance that you consult with an attorney prior to entering a plea. Hiring counsel will also have the benefit of taking care of the arraignment process. In most courts, an attorney is permitted to file papers with the court announcing his representation of the defendant, thereby vacating the need for a formal in-court arraignment. Ask your DUI attorney if your attendance at the arraignment will be required. If you do attend, the arraignment will be a very quick process wherein your attorney leads you to a podium, waives reading of the charge and enters a not guilty plea on your behalf. Matters of bond may, or may not be addressed at an arraignment. It is not common for your defense attorney to see the prosecutor who will handle your case and reach a resolution at the arraignment. Usually, issues of discovery and plea negotiations will take place later at the pre-trial hearing.

Some people have preconceived notions about the DUI arraignment. For instance, some clients believe that it will be held against them if they do not attend the hearing. I have never heard of this being the case. If the court wishes for the defendant to attend, it will become part of the court rules. Other clients think that the press will be present. This is usually not the case and your attorney will be able to tell you if such press coverage could be expected. Still other clients think that the judge will be rude, harsh or judgmental from the bench during the arraignment. Again, this will rarely if ever happen.

Attorney 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.”

To talk about your DUI arraignment contact me, or check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburg, Huber HeightsOakwoodBeavercreekCenterville

 

Drunk Driving and Deportations

00DUI in Federal CourtTags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,
A Helicopter and two boats of the U.S. Customs...

Drinking and driving is never a good idea, but if you happen to be an illegal immigrant a DUI charge can mean more than just fines.

According to the Associated Press, drunk driving-related deportations have nearly tripled from 10,851 cases in 2008 to 28,635 in the fiscal year ending September, 2010. Another 13,028 illegal aliens were deported for other serious traffic violations – three times the 4,527 offenders deported in 2008.  If this trend continues, drunk driving may surge ahead of drug crimes to become the number one cause of criminal deportation.  The increase in DUI-related deportations helped the government set a record for the number of criminal immigrants forced to leave the country last year.

The rash of deportations over drunk driving calls into question the Obama administration’s claims that their immigration policy is focused only on violent offenders.  As recently as May 10, Obama said in a speech in ElPaso, Texas, that his administration was focused on violent offenders and not families or “folks who are looking to scrape together an income.”

Dayton DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver.  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, www.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.