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Thomas More, A Man For All Seasons

March 6th, 2012
Sir Thomas More wearing the Collar of Esses as...

In the wonderful play by Robert Bolt, A Man for All Seasons, we meet Sir Thomas More, Lord Chancellor in the Court of King Henry VIII.  As an attorney and judge, More did much to strengthen the power of the jury by instituting reforms that both made the jury system more fair and strengthened the court in opposition to the growing power of the King.  In the play, when the King begins to alter the rule of law to accomodate his divorces and remarriages, More refuses to assent.  He loses his position and is eventually arrested and tortured for his refusal to swear an oath in support of King Herny’s actions.  He is brought to trial and therein lies the inherent tension of the play (and of More’s life).

Will the rule of law bend to the power of the state or will it uphold the power of the individual.  “The intent of the law should be, not to obstruct the apprehension and punishment of the guilty, but to ensure the rights of the innocent, even when the rights slow down the wheels of justice.” (Parsons, Beyond a Reasonable Doubt, pp. 37).  The zealotry of that particular era was religious and is expressed by More’s son-in-law William Roper who asserts that in the struggle against the Devil he would “cut down every law in England.”  More’s response is a quote that all attorneys should be familiar with and is one of the best defenses for the rule of law in the English language.

Oh! And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws all being flat? This country’s planted thick with laws from coast to coast — Man’s law, not God’s — and if you cut them down — and you’re just the man to do it — d’you really think you could stand upright in the winds that would blow then? Yes, I’d give the Devil the benefit of law, for my own safety’s sake.

Thomas More was beheaded following his trial.  He was later canonized as a Saint by the Catholic Church and became the patron saint of attorneys.  We, as American descendants of the tradition of English common law are the beneficiaries of Thomas More’s sacrifice for the rule of law.   In some small way I am hope that I am helping to preserve that thickly planted forest of protections that preserves us from the nightmare of totalitarianism.  I believe that it is no less noble to fight as hard as possible in a DUI as it is in a capital murder case, maybe more so because of the ubiquitous nature of DUI enforcement.  If you are charged with a DUI in Dayton, Springfield or anywhere in the Miami Valley, please contact Charles M. Rowland II at (937) 318-1DUI or 1-888-ROWLAND or visit www.DaytonDUI.com.

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DaytonDUI Provides Free Text Alert Service (Sign Up!)

February 9th, 2012
Texting on a keyboard phone

Dedicated To Customer Service

If you want to receive updated information on sobriety checkpoints,  enhanced traffic enforcement, saturation patrols and other important developments that affect you, sign up for text alerts on the main page of this blog.  Text alerts will be sent directly to your mobile device/smartphone in the location you choose in the Miami Valley.  In the past month we have alerted our followers to the State Route 35 traffic initiative and three local sobriety checkpoints.  You should also know that we respect your trust and we will never send you irrelevant information and/or advertisements.  This service is free and available to the general public.

Charles M. Rowland II dedicates his practice to representing the accused drunk driver in Dayton and throughout the Miami Valley.  He regularly appears in the Fairborn Municipal Court, Beavercreek Municipal Court, Clark County Municipal Court, Kettering Municipal Court, Dayton Municipal  Court, Miamisburg Municipal Court, Xenia Municipal Court, Vandalia Municipal Court, Montgomery County Municipal Court Eastern Division (Huber Heights), Montgomery County Municipal Court Western Division (New Lebanon), and in other courts throughout Ohio.

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NHTSA Targets Motorcyclists for DUI Enforcement

January 20th, 2012

NHTSA Devotes Time And Dollars To Study Motorcycle DUI

I liked this one

According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists involved in fatal crashes are 2.5 times more likely to have consumed alcohol than passenger vehicle drivers.  In 2007, the number of alcohol-impaired motorcyclists in fatal crashes increased by 10 percent while the number of alcohol-impaired drivers of passenger cars declined 6 percent.  (NHTSA defines “alcohol impaired” for vehicle operators over 21 with Blood Alcohol Content (BAC) measured over the 50-state legal limit of 0.08 grams/deciliter.)  Because of these statistics, NHTSA has singled out the riding community for targeted DUI enforcement efforts.

In the mid-90s, NHTSA conducted focus groups of 70 men and 15 women who admitted they drank and rode motorcycles.  Judge for yourself if NHTSA was fair in its representation of motorcyclists.  For example, one motorcyclist from Denver said a little alcohol improved his riding.  “I know that when I ride and I have a beer it feels better riding. It loosens you up – it relieves tension,” he said, “It feels more exciting riding. You enjoy your ride better if you have one beer.”  ”If you don’t fall down within the first few feet, you’re going to be okay,” said the rider from Denver, “I’ve seen guys do that. There’s something about being on a motorcycle – you focus yourself. When you get on your motorcycle and hit the road, the wind and the air just seem to go, “Boom, I’m okay now.”  Another rider from Boston concurred.  “If they’re totally wasted, then you worry about their safety,” he said, “If they’re just a little bit wasted then it’s, ‘Watch out for the cops.’”

The National Highway Transportation Safety Administration (NHTSA) has also developed a guide specific to motorcycle operators.  The basis of this motorcycle guide are based on a 1993 study, The Detection of DWI Motorcyclists, DOT HS 807 839, March 1993; Jack W. Stuster, Anacapa Sciences Inc., wherein police reports were used to identify “cues” of impaired drivers.  Over 100 “cues” were narrowed down to 14.  NHTSA lables 7 of these “cues” as “excellent” predictors of impairment and 7 are considered “good” predictors of impairment.  According to NHTSA “excellent” is defined as having a greater than 50% predictive capability.  ”Good” means that the tests are 30-50% predictive (much less than a coin toss).

The “cues” that police officers look for when investigating impaired motorcycle operators are:

Excellent Cues (50% or greater probability)

  • Drifting during a turn or curve
  • Trouble with a dismount
  • Trouble with balance at a stop
  • Turning problems (unsteady, sudden corrections, late breaking, improper lean angle)
  • Inattentive to surroundings
  • Inappropriate or unusual behavior (carrying or dropping and object, urinating at roadside, disorderly conduct)
  • Weaving
Good Cues (30-49% probability)
  • Erratic movement while going straight
  • Operating without lights at night
  • Recklessness
  • Following too closely
  • Running stop light or sign
  • Evasion
  • Wrong way
The guide does not tie the cues to any correlated BAC.  Instead it simply uses the cues to say that a driver is “DWI” without defining what that means in terms of BAC or impairment.  Another glaring problem with the study is the fact that experienced police officers do not think it is valid.  At page three the guide states, “…some officers, even those with many years of experience reported they believe there are no cues that can be used to distinguish DWI from unimpaired motorcycle operation.”

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.

 

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Posted in DUI & Motorcycles

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Arrested for DUI in Xenia or Bellbrook?

January 20th, 2012

IF YOU ARE ARRESTED IN XENIA, CEDARVILLE OR BELLBROOK YOUR CASE WILL BE HEARD IN THE XENIA MUNICIPAL COURT

Xenia Municipal Court, and the honorable Michael Murry, has jurisdiction over OVI/DUI violations of any ordinance of any municipal corporation within its territory.  The Xenia Municipal Court has jurisdiction for the cities of Xenia and Bellbrook; the villages of Yellow Springs, Cedarville, Jamestown, Spring Valley, and Bowersville; and the townships of Sugarcreek, Xenia, Cedarville, New Jasper, Silvercreek, Ceasarcreek, Miami, Jefferson, Ross, and Spring Valley. The Court’s jurisdiction also includes four college campuses: Central State University, Wilberforce University, Cedarville College, and Antioch College.  Law enforcement agencies located within the jurisdiction of the court include: Bellbrook Police Department; Cedarville Police Department; Central State University Police Department; Greene County Animal Control; Greene County Sheriff’s Office; Greene County Parks District; Jamestown Police Department; Ohio Department of Parks and Natural Resources; Ohio Department of Wildlife; Ohio State Highway Patrol; Spring Valley Police Department; Sugarcreek Township Police Department; Wilberforce University Police Department; Xenia Police Division; and Yellow Springs Police Department.

Location:
Xenia Municipal Court is located on the second floor of Xenia City Hall, 101 N. Detroit Street, Xenia, Ohio.  This building is located just to the south of the Greene County Courthouse in downtown Xenia.

Hours of Operation:
Hours are 7:30 a.m. until 4:30 p.m. on Mondays, Tuesdays & Wednesdays.  Hours are 7:30 a.m. until 4:00 p.m. on Thursdays and Fridays.  As of January 1, 2008, Night Court services are no longer provided.
Contact Information:Phone :( 937) 376-7290Fax: (937) 376-7288

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Huber Heights, 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, 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.

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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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