Posts Tagged ‘clayton ohio dui’

Arrested for OVI in Vandalia?

January 30th, 2012

Vandalia Municipal Court’s jurisdiction serves approximately 83.5 square miles, which includes the Cities of Vandalia, Englewood, Clayton, Union and the Townships of Harrison and Butler, located in the Montgomery County, Ohio.  The Court is located on the 2nd floor of the Justice Center at 245 James E. Bohanan Memorial Drive, Vandalia, Ohio. The Court operates Monday through Friday, 8:00 a.m. to 4:00 p.m.  The honorable Cynthia M. Heck is the elected judge of the Vandalia Municipal Court and will preside over your case.  You may also appear before the Vandalia Municipal Court Magistrates: Bonnie Beaman Rice and Fred M. Izenson.  Listed below is some very helpful links to the Vandalia Municipal Court.

  • To visit the Vandalia Municipal Court’s useful and informative website, please click HERE.
  • For Court Contact Information visit HERE.
  • Court Rules are located HERE.
  • You can make a payment to the court HERE.
  • Look up Public Records (Case Look-up) HERE.
  • Learn more about the Court’s Probation Department HERE.
  • Access Court Forms HERE.

Charles M. Rowland II has represented clients in the Vandalia Municipal Court for over fifteen (15) years.  He limits his practice to DUI defense and stays on the cutting edge of DUI forensic science and the tactics necessary to defend your case.  If you wish to contact a DUI attorney who can represent you in the Vandalia Municipal Court, CONTACT Vandalia DUI attorney Charles M. Rowland immediately at (937) 318-1DUI [318-1384] or 1-888-ROWLAND [888-769-5263].  You can also connect at www.facebook.com/daytondui or on Twitter @DaytonDUI.  Sign up for text alerts on Dayton DUI topics at this blog or text DaytonDUI (one word) to 50500 for instantaneous contact information.  ”All I do is DUI defense.”

Montgomery County Courts (An Overview)

October 15th, 2011
Old county courthouse, an example of Greek rev...

If you are arrested for DUI in Montgomery County, Ohio, your case will be heard in one of the courts below.

Montgomery County Court of Common Pleas.  This court hears all felony level cases including aggravated vehicular homicide, aggravated vehicular assault and felony-enhanced DUI offenses.  The Court is located in the Montgomery County Courts Building at 41 N. Perry Street in downtown Dayton.  The Judges who serve the Montgomery County Court of Common Please are: Dennis AdkinsSteven DankofBarbara P. Gorman (Administrative and Presiding Judge), Mary Katherine HuffmanDennis J. LangerFrances E. McGeeTimothy N. O’ConnellConnie S. PriceGregory F. SingerMichael L. Tucker, and Mary Wiseman.  You can contact the Montgomery County Clerk of Courts, Monday through Friday 8:30 AM – 4:30 PM, Criminal Division: Room 104, (937) 225-4536, Fax: (937) 496-7581.  The Montgomery County Sheriff’s Department is located at 345 W. Second St., P.O. Box 972, Dayton, Ohio 45422, (937) 225-4357.  The Montgomery County Jail is located at 330 W. Second St., Dayton, Ohio 45422 and can be reached at (937)225-4160.  For more useful information on Montgomery County, Ohio please visit the Government Web Site.

O.V.U.A.C. (Operating a vehicle after underage consumption) and Juvenile OVI offenses are heard in the Montgomery County Juvenile Court located at the Juvenile Justice Center, 380 W. Second St., Dayton, Ohio 45422.  The court can be reached at the following departments: Court Administration: (937) 225-4267, Clerk’s Office: (937) 225-4198 – (937) 225-4199, Ancillary Services/Legal: (937) 225-4250, Detention Services: (937) 496-7324, Intervention Center: (937) 225-4141 or (937) 496-6559.  The Judges who serve the Montgomery County Juvenile Court are the Honorable Nick Kuntz and the Honroable Anthony Capizzi.

Montgomery County Court. On September 8, 2010, Montgomery County Area One and Area Two Courts officially became the Montgomery County Municipal Court.  There will be two divisions of the Montgomery County Municipal Court, a Western Division located in New Lebanon at 195 S. Clayton Rd., New Lebanon, Ohio 45345, and an Eastern Division located in Huber Heights at 6111 Taylorsville Rd., Huber Heights, Ohio 45424.   Many people refer to the Montgomery County Municipal Court (Eastern Division) 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 Judges serving the Montgomery County Municipal Court (Eastern Division) are the Honorable James D. Piergies and the Honorable James A Hensley.  You can reach the Eastern Division by telephone at (937) 496-7231.  The Montgomery County Municipal Court (Western Division) serves the cities of Trotwood and Brookville, the villages of New Lebanon, Phillipsburg, Farmersville and Verona, and townships including Clay Township, Jackson Township, Jefferson Township and Perry Township.  This court is served by Judges James L Manning and Adele Riley.  You can reach the Montgomery County Municipal Court (Western Division) at (937) 687-9099.

If you are arrested for drunk driving in the City of Dayton, your misdemeanor DUI case will be heard in the Dayton Municipal Court.  The Dayton Municipal Court is located at 301 West Third Street Dayton, Ohio 45402.  You can visit the Dayton Municipal Court’s website at:www.DaytonMunicipalCourt.org. Office hours for the Clerk of Court are 8:00am to 4:30pm, Monday through Friday, excluding holidays, for the acceptance of case filings and payments. Parking, Traffic and Criminal payments can also be paid online at www.PayMyFine.org.  A full list of contact numbers is available on the Court’s website and the Clerk can be reached at (937) 333-4300.  Five full-time elected judges, selected on a nonpartisan ballot to serve for a six-year term, serve the Dayton Municipal Court.  Currently the serving judges are: The Honorable Chris Roberts, The Honorable John S. Pickrel, The Honorable Daniel Gehres, The Honorable Carl S. Henderson and The Honorable Dierdre Logan. Two full-time Magistrates who hear certain civil cases, small claims cases, eviction procedures and initial appearances for defendants summoned in for arraignment also serve the court. They also preside over traffic and criminal cases.  The jurisdiction of the Court includes everything within the boundaries of the City of Dayton. The court has jurisdiction over a violation of any ordinance of the City of Dayton; any state of Ohio statutory misdemeanor or traffic violation committed in Dayton; and jurisdiction to preside over preliminary hearings for felony cases that occur in the City of Dayton.

If you are arrested on suspicion of  OVI (drunk driving) inCentervilleKetteringMoraine or Washington Township, your DUI case will be heard in the Kettering Municipal Court.   The Honorable Thomas Hannah and the Honorable Robert Moore serves as judges of the Kettering Municipal Court.  The Kettering Municipal Court, located at 2325 Wilmington Pike, Kettering, Ohio 45420 serves a population of over 117,000.  The court is open Monday through Friday, 8:30 am — 4:30 pm and can be reached at (937) 296-2461.  If you are arrested in Moraine, Ohio, your OVI case may be handled in the Moraine Mayor’s Court which is located at 4200 Dryden Road, Moraine, Ohio 45439.  Your attorney will meet with a prosecuting attorney who represents the city at the Moraine City Building, 4200 Dryden Rd., Moraine, Ohio 45439, for purposes of plea negotiations.  If yourMoraine OVI case requires a motion to suppress, or if you request that the matter be set for trial, your case will be transferred to the Kettering Municipal Court for adjudication pursuant to Ohio law.

Vandalia Municipal Courts jurisdiction serves approximately 83.5 square miles, which includes the Cities of Vandalia, Englewood, Clayton, Union and the Townships of Harrison and Butler, located in the Montgomery County, Ohio.  The Court is located on the 2nd floor of the Justice Center at 245 James E. Bohanan Memorial Drive, Vandalia, Ohio. The Court operates Monday through Friday, 8:00 a.m. to 4:00 p.m.  The honorable Cynthia M. Heck is the elected judge of the Vandalia Municipal Court and will preside over your case.  You may also appear before the Vandalia Municipal Court Magistrates: Bonnie Beaman Rice and Fred M. Izenson.  Listed below is some very helpful links to the Vandalia Municipal Court.  To visit the Vandalia Municipal Court’s useful and informative website, please click HERE.  For Court Contact Information visit HERE.  Court Rules are located HERE.  You can make a payment to the court HERE.  Look up Public Records (Case Look-up) HERE.  Learn more about the Court’s Probation Department HERE.  Access Court Forms HERE.

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 E. Messham, Jr. has presided over the Miamisburg Municipal Court since 1989. John F. Kolberg serves as the Court’s Magistrate.  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: Clerk of CourtsCase Look-UpMap & DirectionsLocal RulesPay On-Line.

Oakwood, Ohio is served by the Oakwood Municipal Court (click HERE for link to the Court).  The Oakwood Municipal Court hears all misdemeanor cases, arraignments and traffic violations, as well as preliminary hearings on felony cases. The court also hears small claims and civil cases.  Most cases are heard on Thursday mornings beginning at 8:30 a.m., and trials are usually held on Friday.  If you are arrested for OVI in Oakwood, you will appear in the Oakwood Municipal Court, 30 Park Avenue , in Oakwood’s Municipal Building.  Hearings and trials are held in the same chamber wherein the council meetings are held.  Questions about the court should be directed to the Clerk of the Oakwood Municipal Court at 293-3058.  The Clerk of Courts Office is open 8-5 Monday through Friday.

Established in 1803, the United States District Court for the Southern District of Ohio handles over 400 criminal cases a year in 48 of Ohio’s 88 counties.  The court has an eastern division, located in Columbus and two western divisions located in Dayton and Cincinnati.  If you are arrested for a federal DUI offense in Champaign, Clark, Greene, Darke, Miami, Montgomery, Preble or Shelby counties you will appear in Dayton’s Federal Building, 200 W. Second St., Dayton, Ohio 45402.  You can contact the Court at (937)512-1400 Monday through Friday from 9:00 a.m. until 4:00 p.m.  An Ohio DUI lawyer experienced in federal dui laws and drunk driving cases can explain the difference between state and federal prosecutions, and the potential penalties of each.  If you are arrested for DUI on Wright-Patterson Air Force Base, the court will apply Ohio law in adjudicating your case via the Assimilative Crimes Act.  Generally, you will face the same harsh penalties for a federal DUI as you would under Ohio DUI law.

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 Twitterupdates 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.

Arrested for DUI in Clayton?

March 5th, 2011

www.ClaytonDUI.com

If you are arrested in Clayton, Ohio on suspicion of drunk driving, this page will provide you with information that can help you win your case and get your life back.  Charles M. Rowland II developed www.ClaytonDUI.com to provide exceptional DUI services to residents of Clayton and Randolph Township.  He has been representing people in Clayton for over fifteen years.

Which Court Will I Go To?

The city of Clayton is serviced by the Vandalia Municipal Court which is located on the 2nd floor of the Justice Center at 245 James E. Bohanan Memorial Drive, Vandalia, Ohio. The Court operates Monday through Friday, 8:00 a.m. to 4:00 p.m.  The honorable Cynthia M. Heck is the elected judge of the Vandalia Municipal Court and will preside over your case.  You may also appear before the Vandalia Municipal Court Magistrates: Bonnie Beaman Rice and Fred M. Izenson.  Listed below is some very helpful links to the Vandalia Municipal Court.

  • To visit the Vandalia Municipal Court’s useful and informative website, please click HERE.
  • For Court Contact Information visit HERE.
  • Court Rules are located HERE.
  • You can make a payment to the court HERE.
  • Look up Public Records (Case Look-up) HERE.
  • Learn more about the Court’s Probation Department HERE.
  • Access Court Forms HERE.

How Can I Get Driving Privileges at the Vandalia Municipal Court?

Just visit the DRIVING PRIVILEGE PAGE of the Vandalia Municipal Court web page.  You can also MAKE A PAYMENT on-line.  Your Clayton  DUI (now called OVI; operating a vehicle impaired) case will be heard by the honorable Cynthia M. Heck or by Vandalia Municipal Court’s Magistrates, Bonnie Beaman Rice or Fred M. Izeson.

What Is The Traffic Safety Program?

The Vandalia Municipal Court has begun a TRAFFIC SAFETY PROGRAM (TSP) which enables approved defendants, who have voluntarily entered a Plea of Guilty to a minor misdemeanor traffic citation issued within the jurisdiction of the Vandalia Municipal Court, to have their cases dismissed upon successful completion of the Program and payment of the Program fee. Visit HERE to learn more about the TRAFFIC SAFETY PROGRAM.

Here are some helpful ClaytonDUI links:

Did you know: Part of Ayn Rand‘s novel “The Fountainhead” is set at Clayton. In the early 1930’s the novel’s male protagonist, the controversial architect Howard Roark, gets a contract to build in Clayton the (fictional) Janer’s Department Store, a five-story building. Roark’s beloved, Dominique Francon, comes seeking him there, and feels that in a sense Clayton “belongs to her more than to any of its inhabitants” because her beloved is there. The book presents Clayton as the archetype of “Middle America“, the polar opposite of the cosmopolitan New York City where most of the plot takes place. (from Wikipedia, http://en.wikipedia.org/wiki/Clayton,_Ohio).

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@CharlesRowland.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

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DUI Law: Challenging a Forfeiture

January 24th, 2011
stealing on flickr continues...
Image by lovelypetal via Flickr

FORFEITURE, WHAT IS THE LAW?

If you are convicted of any of the following the State of Ohio can, pursuant to O.R.C. 4503.234,  order a forfeiture of your vehicle:

  1. a third OVI w/in 6 years (O.R.C. 4511.19(G)(1)(c)(v));
  2. any felony OVI (O.R.C. 4511.19(G)(1)(d)(v) and 4522.29(G)(1)(e)(v));
  3. a third offense of driving under suspension (O.R.C. 4510.11(C)(4));
  4. a third offense of driving under an OVI suspension (O.R.C. 4510.14(B)(3)(d));
  5. a third of subsequent offense w/in 5 years of driving under an FRA suspension (O.R.C. 4510.16(B)(2));
  6. a third or subsequent wrongful entrustment (O.R.C. 4511.203(C)(3));
  7. operating or permitting the operation of a vehicle in violation of an immobilization order  (O.R.C. 4502.236(B)).

By law, the law enforcement agency that arrested the defendant has the right of first refusal of the forfeited vehicle, O.R.C. 4503.234(C)(1).  The owner is further punished by O.R.C. 4503.234(D) which prohibits him or her from registering a vehicle for a period of five (5) years from the date of the forfeiture.

CHALLENGING A FORFEITURE

The court in State v. Ziepfel, 107 Ohio App.3d 646, 669 N.E.2d 299 (1st Dist. Hamilton County 1995) requires the court to hold a hearing to determine whether or not the forfeiture would be so disproportionate as to constitute an excessive fine under the Ohio and United States Constitution. The factors that the court must consider include:

  1. value of the vehicle;
  2. circumstances of the case;
  3. harm or potential harm caused;
  4. how closely related the vehicle was to the offense; and
  5. any other relevant factors to the case.
  6. If you face the loss of your vehicle, please contact Dayton DUI lawyer Charles M. Rowland II to see if you can challenge the taking.  “I’m philosophically opposed to using forfeiture as a remedy in misdemeanor driving cases,” says Rowland who has been practicing DUI law in Dayton, Ohio for over 15 years.  Contact Charles Rowland at (937) 318-1384  [318-1DUI] or visit www.DaytonDUI.com.  Rowland practices DUI law in Kettering, Miamisburg, Vandalia, Huber Heights, Clayton, New Lebanon, Springfield, Fairborn, Beavercreek, Xenia and throughout the Miami Valley.

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