Posts Tagged ‘beavercreek ovi attorney’

2011 OVI Statistics (from the Ohio State Highway Patrol)

March 12th, 2012

On Friday, the Ohio State Highway Patrol released a “Traffic Safety Bulletin” containing the statistics for OVI-related arrests and crashes [available HERE].  Some of the highlights…

In 2011, OSHP officers made 23,708 arrests for OVI. This is a 7% increase from 2010 levels.  Of these, more than one in five (4,963 or 21%) included a speeding violation; 3,900 (16%) involved a violation for driving without a valid driver license; and nearly one in eight (2,853/12%) included a safety belt violation.  Nearly two-thirds (65%) of OVI arrests occurred between midnight and 4:00 a.m.; More than half (53%) of all OVI arrests were made between 5:00 p.m. Friday and 5:00 a.m. Sunday.  Franklin County led the state with 2,009 OVI arrests. Lorain County was second with 1,015 followed by Montgomery County (997) and Stark County (772).  In the Miami Valley OSHP arrest numbers for 2011 were led by Montgomery County (997), Warren County (552), Greene County (480), Clark County (397) and Miami County (181).  These numbers only reflect arrests by the OSHP and does not include the activity or inactivity of local police departments in making OVI arrests.

Crash statistics were also released.  In 2011, 13,799 “OVI-related” crashes occurred on Ohio roads, resulting in 401 deaths and 8,517 injuries.  Nearly half (45%) of at-fault drivers in OVI crashes were between 21 and 35 years of age; an additional 20% were between 36 and 45 years of age. Drivers age 16 to 20 were at fault in nine percent (9%) of OVI crashes. Fifty-seven percent (57%) of all OVI crashes in 2011 were speed-related.  The term “OVI-related” is not defined in the release.

Dayton/Springfield  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) or visit www.DaytonDUI.com.  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.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

Arrested For OVI in Miamisburg? West Carrollton? Miami Township?

March 8th, 2012

If you are arrested on suspicion of 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  was elected the Miamisburg Municipal Court judge in the general election on November 8, 2011.  He was sworn into office on December 30, 2011. The Court is served by Magistrate Margaret Quinn and Chief Bailiff Kirk J. Bell.  The Miamisburg Municipal Court, 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:

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”

Ohio DUI Law: Crossing Jurisdictional Lines

February 16th, 2012

 

Jukebox in Glopheim café, Norway.

THE FACTS: Suppose a person sits at a bar in Richmond, Indiana listening to John Mellencamp on the juke box and drinks to a point where he exceed the .08% BAC limit in Indiana.  The person then gets in his car and drives from Richmond, Indiana into Ohio.  While in Ohio and still in excess of the .08% BAC limit he drives through Eaton, Preble County, Ohio.  Leaving Enon, the driver is noticed by a citizen who alerts the Enon Police Department and the Ohio State Highway Patrol about erratic driving and “Jack & Diane” being played very loudly in violation of the municipal noise ordinance.  Near the Preble County boarder the defendant is intercepted by a trooper who follows him all the way to the Oregon District in Dayton, Ohio.  While listening to “I Fight Authority,” the driver is arrested for Operating a Vehicle Impaired and is summoned to appear in the Dayton Municipal Court.  He also receives summons to appear in Enon Municipal Court (Preble County) and a summons to appear in the court in Indiana.  According to Ohio law where can the defendant be tried?

The Defendant may argue that he was first drunk in Indiana.  Since he was charged in Indiana he argues he cannot be tried for OVI in Ohio.  Ohio disagrees.  In State v. Smith (1991), 61 Ohio Misc. 2d 165, Ohio asserted the right to try a defendant irrespective of whether or not a similar charge exists in another state.  This makes sense from a public policy standpoint as it is the job of Ohio judges to protect Ohio citizens from the harm of criminal conduct.

The only good news for our defendant is that he cannot be tried in both Enon Municipal Court and the Dayton Municipal Court.  Why?  In State v. Anderson (1989), 57 Ohio App. 3d 108 the court held,  ”[t]he Double Jeopardy Clauses of the United States and Ohio Constitutions forbid the prosecution of a defendant for drunk driving by a political subdivision when that defendant has already been placed in jeopardy by another political subdivision of the same state for the same offense, stemming from the same underlying course of conduct.”

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

Ohio DUI Law: Your Right To A Speedy Trial

February 15th, 2012
Speedy gonzalez2

Your right to a speedy and public trial is enshrined in the Bill of Rights.  The Sixth Amendment to the United States Constitution provides,

“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, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.” 

The Supreme Court has applied the protections of this amendment to the states through the Due Process Clause of the Fourteenth Amendment.  Ohio Revised Code 2945.71 sets forth Ohio’s statutory rules regarding speedy trial rights which are coextensive with the constitutional speedy trial provisions.  State v. King (1994), 70 Ohio St. 3d 158, 161.  According to O.R.C. 2945.71, a defendant must be brought to trial as follows:

  1. Within forty-five days after the person’s arrest or the service of summons, if the offense charged is a misdemeanor of the third or fourth degree, or other misdemeanor for which the maximum penalty is imprisonment for not more than sixty days;
  2. Within ninety days after the person’s arrest or the service of summons, if the offense charged is a misdemeanor of the first or second degree, or other misdemeanor for which the maximum penalty is imprisonment for more than sixty days.
  3. Within two hundred seventy days after the person’s arrest for any felony.
  4. Most municipal ordinances and the Ohio Revised Code codify a misdemeanor OVI as a first degree misdemeanor requiring trial within 90 days of arrest.  An OVI arrest designated as a felony (four or more) requires trial within 270 days of arrest.  If a defendant is not tried within these time parameters, the case must be dismissed.
HOWEVER, there are a number of ways for the statutory time to be “tolled” against the Defendant.  The most common tolling mechanism  is for the Defendant (or his attorney)  to consent to a TIME WAIVER.  ”A defendant’s right to be brought to trial within the time limits expressed in R.C. 2945.71 may be waived by his counsel for reasons of trial preparation and the defendant is bound by the waiver even though the waiver is executed without his consent.” State v. McBreen (1978), 54 Ohio St. 2d 315 (syllabus), see also State v. McRae (1978), 55 Ohio St. 2d 149, 151; State v. Davis (1975), 44 Ohio App. 2d 95.  Also, the filing of  ”[a] demand for discovery or a bill of particulars is a tolling event pursuant to R.C. 2945.72(E).”  State v. Brown, 98 Ohio St. 3d 121, 2002-Ohio-7040.  Time is also tolled if the court is busy or otherwise unable to conduct a trial due to the “business of the court.”  This delay must be reasonable.
Often, complicated speedy trial issues will be raised following a lengthy or complex motion to suppress.  For example, reasonable was determined in State v. Arizola (1992), 79 Ohio App. 3d 72 wherein “time is not tolled when court takes an excessive amount to time to rule on pretrial motions filed by the defense (seven months in an OMVI case).”  See also State v. Mullins, 152 Ohio App. 3d 83, 2003-Ohio-477 (Court granted defendant’s motion to suppress statements 635 days after the evidentiary hearing. Constitutional right to a speedy trial was violated. A court’s discretion as to the time needed to rule on a defense motion is not limitless, and no explanation was given for the delay.)
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 defenseContact 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

Ohio Has Declared War on Drunk Drivers

February 13th, 2012

In 1982, Ohio declared “WAR” on drunk driving.  Since that time Ohio has devised one of the toughest DUI systems in the nation.  By creating a civil penalty called an automatic license suspension, even a first time DUI results in an immediate loss of your “right” to drive.  A conviction can result in a jail sentence ranging from the mandatory minimum three days to a maximum of six months and a minimum fine of $375.00 up to $1,075.  Conviction of a first time DUI will result in a license suspension lasting from six months to three years.  If a driver takes a chemical test in which the result is over a .17% BAC, the fines and jail time will be doubled.  This means that a first time offender faces six days mandatory incarceration, a minimum one-year license suspension and a minimum $750 fine. 

The mandatory jail time, fines and suspensions grow increasingly harsh upon subsequent convictions.  A second offense carries a minimum 10 days of jail, 20 if the defendant refuses to take a test or tests over a .17% BAC.  Ohio has also devised a law that allows law enforcement to force a blood draw “by any means necessary” for repeat offenders.  In order to obtain driving privileges, a second-time DUI defendant must buy “party plates” and put them on any car they may drive.  They must also pay for an interlock ignition devise into which they must blow before starting their car.  Conviction of a third DUI offense within a six-year period carries a mandatory jail sentence of 30 days (double for “high-tier” offenders) and the car used in the offense will be forfeited to the state.  A fourth offense is a felony carrying mandatory prison time.

In addition to these provisions of law, Ohio allows law enforcement to conduct sobriety checkpointsCommercial (CDL) drivers who obtain a DUI conviction face a loss of their CDL for one year and, if convicted a second time will lose their right to drive for life.  Conviction will be on your record forever as Ohio does not allow expungement for DUI in most cases and law enforcement is allowed to look back twenty years to force a blood draw should you refuse.  A DUI is always lurking to prevent you from getting a job, a promotion, a company car or a state license.  A DUI can ruin your life.  Diminishments in civil liberties are always a casualty of war and Ohio’s war on drunk driving has been no exception.  You need an attorney who will fight with the same level of passion the state demonstrates in prosecuting you.

DUI is a complex and constantly evolving field of law.  Some cases involve scant physical evidence and require a skilled trial attorney to know the investigative techniques the police use and possess the skill to challenge a cop’s opinions effectively.  Other cases involve a detailed understanding of the chemical testing technique and the forensic science underlying the BAC result.  You need an attorney who has the experience and knowledge necessary to defend your freedom and livelihood.  We fight! We fight against junk science, false convictions, and faulty assumptions.  We fight for families, for jobs and for fairness in the judicial system.

I am committed to being the best DUI attorney in Ohio.  I have spent countless thousands of hours honing my skills.  I have read everything I can read and attended seminars to hear the best attorneys in the country.  I have taken the same classes that law enforcement officers take to master the standardized field sobriety tests.  I have earned certifications on the BAC DataMaster and the Intoxilyzer 8000 breathalyzer machines.  I am the only attorney in Ohio to hold Forensic Sobriety Assessment certification and I have been qualified as an expert in evidential breath testing by the United States government, testifying in court martial proceedings.  I have tried DUI cases as both a prosecutor and a defense attorney giving me unique insights into how to prepare a case.  Everything that I have done is summed up in one phrase: “All I do is DUI.”

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”