Posts Tagged ‘Charles M. Rowland’

Ohio DUI Attorney: Is It A Just World?

April 10th, 2014

ohio dui attorneyAs an Ohio DUI attorney, I often observe a bias that people carry toward those accused of drunk driving.  Psychologists call this phenomena the “Just World Hypothesis.”

The belief that people get what they deserve and deserve what they get, which was first theorized by Melvin Lerner in 1977.  Lerner, M.J. & Miller, D.T. (1977). Just-world research and the attribution process: Looking back and ahead. Psychological Bulletin85, 1030-1051.  Attributing failures to dispositional causes rather than situational causes, which are unchangeable and uncontrollable, satisfies our need to believe that the world is fair and we have control over our life. We are motivated to see a just world because this reduces our perceived threats,Burger, J.M. (1981). Motivational biases in the attribution of responsibility for an accident: A meta-analysis of the defensive-attribution hypothesis. Psychological Bulletin90, 496-512, Walster, E. (1966). Assignment of responsibility for an accident. Journal of Personality and Social31, 73-79, gives us a sense of security, helps us find meaning in difficult and unsettling circumstances, and benefits us psychologically.  Gilbert, D.T., & Malone, P.S. (1995).The correspondence bias. Psychological Bulletin117, 21–38.

Unfortunately, the just-world hypothesis also results in a tendency for people to blame and disparage victims of a tragedy or an accident, such as victims of rape (See Abrams, D., Viki, G.T., Masser, B., & Bohner, G. (2003). Perceptions of stranger and acquaintance rape: The role of benevolent and hostile sexism in victim blame and rape proclivity. Journal of Personality and Social Psychology84, 111-125;Bell, S.T., Kuriloff, P.J., & Lottes, I. (1994). Understanding attributions of blame in stranger-rape and date-rape situations: An examinations of gender, race, identification, and students’ social perceptions of rape victims. Journal of Applied Social Psychology24, 1719-1734) and domestic abuse (See Summers, G., & Feldman, N.S. (1984).Blaming the victim versus blaming the perpetrator: An attributional analysis of spouse abuse.Journal of Applied Social and Clinical Psychology2, 339-347) to reassure themselves of their insusceptibility to such events. People may even go to such extremes as the victim’s faults in “past life” to pursue justification for their bad outcome.(Woogler, R.J. (1988). Other lives, other selves: A Jungian psychotherapist discovers past lives. New York: Bantam.)

The just world phenomena is observed in DUI trials as a bias that can cause a jury to overlook the evidence and blame the accused driver for putting himself or herself in a position where an officer could arrest them.  When you combine this inherent bias with a society that stigmatizes drinking drivers (Friends Don’t Let Friends Drive Drunk, Drive Sober or Get Pulled Over), you are left with a turbulent trial scenario for your attorney to face.  An experienced Ohio DUI attorney will make allowances for the juries unknown bias by addressing it in the void dire and in a closing argument.  Often, simply addressing the bias is enough of an inoculation to allow the jurors to focus on the evidence.

Ohio DUI 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.”

Find information on Ohio DUI attorney Charles M. Rowland II on this blog, or check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

 

 

DUI & Drug Trafficking Cases In Ohio

March 18th, 2014

drug traffickingMore and more, we are seeing an increase in drug trafficking cases.  The Ohio State Highway Patrol has become much more aggressive in using a traffic stop as a pretense to do an extensive search for illegal drugs.  These stops frequently turn a minor traffic violation case into a trafficking, distribution or possession of drugs case.  We expect more of these cases as the Ohio State Highway Patrol begins implementation of the Drug Recognition Expert protocol.

The analysis of a drug trafficking case is very similar to the approach we take to an impaired driving case.  What that means is that we deconstruct each and every decision that the officer makes.  Was there proper justification for the traffic stop? Did the officer have reasonable and articulable suspicion to continue the detention to conduct a drug trafficking or possession investigation?  Did the officer conduct an illegal search of your person and/or vehicle? Did the officer’s actions, based on a totality of the circumstances, establish probable cause for a drug trafficking arrest?  Was the evidence handled or tested properly?  Can the government establish a proper chain of custody for the evidence?  Our mission is to get your case thrown out! We act aggressively to keep you out of jail, keep your fines low and protect your freedom.

We have a great track record of defending drug trafficking, distribution, possession and other drug charges.  We know how to seek treatment in lieu of conviction and how to minimize penalties. We also have a track record consistent with fighting these charges.  For the past five years we have been the chosen team to represent Miami Valley N.O.R.M.L.  We speak, we advocate and we defend.

If you are facing a drug trafficking charge in the Miami Valley, call Charles M. Rowland II for a free consultation at (937) 318-1384.  If you need assistance after hours, please call the 24-7 Hotline at (937) 776-2671.

Find Your Lebanon DUI Attorney

December 10th, 2013

lebanon dui attorneyFind information about Lebanon DUI attorney Charles M. Rowland II at www.LebanonDUI.com.  The Lebanon Municipal Court handles cases arising in Lebanon or Turtlecreek Township.   The Lebanon Municipal Court is located at 50 South Broadway in downtown Lebanon across the street from the Golden Lamb restaurant.  The Court is presided over by Judge Mark R. Brogen.  To reach the court, please call (513) 933-7210 between the hours of 8:00 a.m. and 4:00 p.m.  To look up cases in the Lebanon Municipal Court please go HERE and to access daily docket information please visit HERE.  You can find out more at the links below.

Hiring the best Lebanon DUI attorney starts with checking out credentials and sitting down for a free consultation.  You should understand how and what you will be charged and how your Lebanon DUI attorney will approach your case.  Call Lebanon DUI attorney Charles M. Rowland right now for a free consultation.

Lebanon DUI 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 emailCharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

Lebanon DUI Attorney provides information and other city-specific info at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

Physical Control of a Vehicle While Intoxicated (O.R.C. 4511.194)

December 4th, 2013

physical controlPhysical Control of a Vehicle While Intoxicated (O.R.C. 4511.194) is the offense of being intoxicated while in physical control of a car, but not having caused the vehicle to move.  If you are under the influence and the prosecutor can prove that you “operated” your car and were not simply in “physical control” of your car, you may face a charge of OVI/DUI (drunk driving).  Thus the legal analysis will turn on whether on the prosecutor can prove you “operated” your car.  “Operation” includes causing or having caused a vehicle (such as a car, truck, RV, bicycle or motorcycle) to move. See Cincinnati v. Kelley, 47 Ohio St. 2d 94, 351 N.E.2d 85 (1976).

So what does the prosecution need to prove to sustain a charge of Physical Control?  The prosecution must prove two elements to meet their burden.  First the accused must be under the influence. “Under the influence” is defined as being “appreciably impaired” by the effects of alcohol, a drug of abuse or a combination of the two.  Secondly, the state must prove that the accused was in “physical control” of the vehicle.  “Physical control” is defined as being in the driver’s position of the front seat of a vehicle while having possession of the ignition key.  Under the statute, having the keys within reach will satisfy the definition of having “physical control.”   The physical control statute was essentially designed to “reward” or rather, not punish as severely, the person who drinks too much (or uses drugs of abuse) and then gets into their car, but decides not to actually drive.  In Cleveland v. Dumas, 2013-Ohio-4600, the 8th District Court of Appeals ruled that convictions of OVI and driving while under a license suspension were in error were officer testified that he never saw the defendant in the vehicle and therefore there was insufficient evidence to show that defendant actually operated a vehicle, a required element.

Physical Control is a first degree misdemeanor in Ohio which is punishable by a maximum $1,000.00 fine, a license suspension of up to one year and a maximum jail sentence of six (6) months.  Physical Control is preferable to some commercial drivers because it may not count as a “major incident” for CDL purposes.  Unlike a reckless operation charge (O.R.C. 4511.20), Physical Control carries no “POINTS” on your Ohio license.  The court may also require the defendant to attend a 3-day weekend intervention alcohol education course.  Another major benefit of the Physical Control statute (which is also true of Reckless Operation) is that whereas prior OVI convictions trigger enhanced minimum penalties for future OVI convictions, prior physical control convictions would not trigger those enhanced penalties for future OVI convictions.  For example, if you are convicted of OVI and you have had a prior OVI conviction within the last six years, your minimum jail time will jump from three days to ten days.  If you are convicted of OVI and have a prior physical control conviction, the minimum jail time is still only three days.

Sleeping it off; Is that a violation of the Physical Control statute?  If you are in the front seat with the keys in the ignition or within your reach… YES!  State v. Gill, 994-Ohio-403.  This author has serious concerns with the public policy implications of this law.  For instance, in a true “Physical Control” scenario, the defendant has done everything that we would hope that someone who has had too much to drink would do.  The impaired person  staggers from the bar to his or her car and chooses not to drive.  Ohio does not have a “safe harbor” law, meaning that even if a person who is intoxicated is parked without the keys in the ignition, he or she may still be arrested for DUI if the keys are sitting nearby, such as on the dashboard or passenger seat.  If you are choosing to sleep it off on a night that is freezing, you had better not turn on the heater because that is a violation of the statute.  In addition, Ohio’s Implied Consent law allows for an automatic license suspension (an immediate suspension prior to a finding of guilt) if you are implicated in a physical control charge.  RC 4511.191(A)(2) provides the implied consent trigger for a DUI or physical control ALS:  ”Any person who operates a vehicle . . . upon a highway or any public or private property used by the public for vehicular travel or parking within this state or who is in physical control of a vehicle . . . shall be deemed to have given consent to a chemical test . . . .”  Does this statutory scheme actually encourage a person to take the chance on making it home, because they will incur penalties whether they drive or not?

However, after the Gill decision, the legislature defined the term “operate” in SB 123, effective January 1, 2004. State v. Wallace, 2006-Ohio-2477, at ¶ 8; R.C. 4511.01(HHH).  The term “operate” has been amended, since it was first defined, and the applicable definition of the term includes, “[o]perate means to cause or have caused movement of a vehicle, streetcar, or trackless trolley.” R.C. 4511.01(HHH).  The State can still use the fact that the car was running and the accused was behind the wheel as “circumstantial evidence” of operation.  They can attempt to sustain a conviction for drunk driving (OVI) if they prove “operation.” As is set forth in Wallace, Id. “[c]ircumstantial evidence and direct evidence have the same probative value. State v. Jenks, 61 Ohio St.3d 259, at paragraph one of the syllabus; State v. Bridges, 3d Dist. No. 1-06-30, 2007-Ohio-1764, at ¶ 28, citing Jenks, supra.; State v. Mitchner, 3d Dist. No. 15-05-07, 2005-Ohio-6412, at ¶ 18. “When the state relies on circumstantial evidence to prove an essential element of the offense charged, there is no need for such evidence to be irreconcilable with any reasonable theory of innocence in order to support a conviction.” Jenks, 61 Ohio St.3d, at paragraph one of the syllabus.

Physical Control/DUI Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Xenia and throughout Ohio.  He has the credentials and the experience to win your case and has made himself Xenia’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 emailCharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

 Physical Control/Ohio DUI Attorney information and other city-specific info at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

Photo: Morgue files free photo

Huber Heights DUI Charge? Learn More Here

November 21st, 2013

Huber Heights DUIHuber Heights DUI Attorney Charles M. Rowland II has represented clients in the Montgomery County Municipal Court (Eastern Division) since 1995.  He limits his practice to DUI defense and stays on the cutting edge of DUI science and the tactics necessary to defend your case.  Contact Huber Heights DUI Attorney Charles M. Rowland II at (937) 318-1384 or 888-ROWLAND.  Here is some important information about the Montgomery County Municipal Court (Eastern Division).  If you have a Huber Heights DUI charge, your case will be heard in the Montgomery County Municipal Court (Eastern Division).  Many refer to Area II as the Huber Heights Municipal Court, but the court’s jurisdiction is larger, covering regions in north-east Montgomery County including the city of Riverside, Ohio.  The Montgomery County Municipal Court, Eastern Division is located at 6111 Taylorsville Rd., Huber Heights, OH 45424-2951.  You can contact the court’s Traffic/Criminal Division at (937) 496-7231, the Civil Division at (937) 225-5824 and you can fax information to (937) 496-7236.  Pay your ticket on-line HERE, get information about jury service HERE, access important phone numbers HERE, and search public records HERE.  The judges who will hear your Huber Heights DUI case are the honorable James D. Piergies and  James A. Hensley.

Huber Heights DUI Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Huber Heights, Riverside and throughout Ohio.  He has the credentials and the experience to win your case and has made himself Huber Heights’ 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 emailCharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

 Huber Heights DUI Attorney information and other city-specific info at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville