Posts Tagged ‘dayton dui defense’

Dayton DUI Attorney Charles M. Rowland II

February 26th, 2014

Dayton DUI AttorneyDayton DUI attorney Charles M. Rowland II serves the Dayton Municipal Court.

If you are arrested on suspicion of  drunk driving in the City of Dayton, your misdemeanor 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.  Call Dayton attorney Charles M. Rowland II to help you with your Dayton DUI case.

Dayton DUI Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio and protecting you.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Dayton DUI attorney 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.”

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

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

Ohio’s Best Evidence Rule: What Does It Keep Out Of Evidence?

February 20th, 2014

best evidence rule

Ohio’s Best Evidence Rule is set forth at Evid.R. 1002.  It is very similar to its’ federal counterpart.  Ohio Rule of Evidence 1002 provides that,

To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these rules or by statute enacted by the General Assembly not in conflict with a rule of the Supreme Court of Ohio.

But also like its federal counterpartOhio Rule of Evidence 1004(1), Ohio’s Best Evidence Rule, provides that

The original is not required, and other evidence of the contents of a writing, recording, or photograph is admissible if…[a]ll originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith.
In a DUI case this issue comes up when a police agency destroys or erases a video tape of the arrest.  DUI defense attorneys will argue that under Ohio’s Best Evidence Rule, the video should be excluded.  In practice, it is very unlikely that a court will exclude evidence under the best evidence rule. See Faith No More: Court Of Appeals Of Ohio Affirms Best Evidence Ruling Based On Lack Of Bad Faith By Police and State v. Moultry, 2010 WL 2622449 (Ohio App. 9 Dist. 2010).

 

For a more complete understanding of the federal best evidence rule, please check out this video from “legal geeks.”

 

 

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.”

Best Evidence Rule information and other city-specific info at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

 

Snow: What is the Law in Ohio? (by DaytonDUI)

December 9th, 2013

English: Trees covered by snow in Boreal, Cali...

With the return of winter weather, we have received some questions about what constitutes a snow emergency and under what authority a snow emergency can be deemed to exist.  We have also counseled clients who wanted to know what law would circumscribe their behavior during a snow event.  Here is what we learned:

A county sheriff may, pursuant to Ohio Revised Code sections 311.07 and 311.08, declare a snow emergency and temporarily close the state roads and municipal streets within his/her jurisdiction when such action is reasonably necessary for the preservation of the public peace. Ohio Attorney General’s Opinion 97-015, issued April 1, 1997, concluded that this authority includes state roads, county and township roads and municipal streets.

Ohio law provides for three levels of snow emergency.

Snow Emergency Classifications

LEVEL 1: Roadways are hazardous with blowing and drifting snow. Roads may also be icy. Motorists are urged to drive very cautiously.

LEVEL 2: Roadways are hazardous with blowing and drifting snow. Roads may also be very icy. Only those who feel it is necessary to drive should be out on the roads. Contact your employer to see if you should report to work. Motorists should use extreme caution.

LEVEL 3: All roadways are closed to non-emergency personnel. No one should be driving during these conditions unless it is absolutely necessary to travel or a personal emergency exists. All employees should contact their employer to see if they should report to work. Those traveling on the roads may subject themselves to arrest.

Ohio Revised Code 2917.13 sets forth the crime of “Misconduct at an Emergency.”  Any person who knowingly hampers or fails to obey a lawful order of the sheriff declaring a snow emergency and temporarily closing highways, roads and/or streets within his/her jurisdiction may be subject to criminal prosecution under Ohio Revised Code Section 2917.13, “Misconduct at an emergency” or other applicable law or ordinance. A violation under that section is a misdemeanor of the fourth degree, punishable by a jail sentence not to exceed 30 days and/or a fine not to exceed $250. If the misconduct creates a risk of physical harm to persons or property, it is a misdemeanor of the first degree, punishable by a jail sentence not to exceed 180 days and/or a fine not to exceed $1,000.  Below is the full text of the statute.

ORC 2917.13. Misconduct at emergency.

(A) No person shall knowingly do any of the following:

  • 1. Hamper the lawful operations of any law enforcement officer, firefighter, rescuer, medical person, emergency medical services person, or other authorized person, engaged in the person’s duties at the scene of a fire, accident, disaster, riot or emergency of any kind;
  • 2. Hamper the lawful activities of any emergency facility person who is engaged in the person’s duties in an emergency facility;
  • 3. Fail to obey the lawful order of any law enforcement officer engaged in the law enforcement officer’s duties at the scene of or in connection with a fire, accident, disaster or emergency of any kind.

(B) Nothing in this section shall be construed to limit access or deny information to any news media representative in the lawful exercise of the news media representative’s duties.

(C) Whoever violates this section is guilty of misconduct at an emergency. Except as otherwise provided in this division, misconduct at an emergency is a misdemeanor of the fourth degree. If a violation of this section creates a risk of physical harm to persons or property, misconduct at an emergency is a misdemeanor of the first degree.

(D) As used in this section:

  • 1. “Emergency medical services person” is the singular of “emergency medical services personnel” as defined in section 2133.21 of the Revised Code.
  • 2. “Emergency facility person” is the singular of “emergency facility personnel” as defined in section 2909.04 of the Revised Code.
  • 3. “Emergency facility” has the same meaning as in section 2909.04 of the Revised Code.

Effective Date: 03-22-2004

To view the state’s weather-related road closures and restrictions, visit the Ohio Department of Transportation’s traffic Web site at www.buckeyetraffic.org.

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”

Dealing With A Christmas Party DUI Charge

December 6th, 2013

Christmas Party DUI‘Tis the season for Christmas parties and Christmas party DUI arrests.  If you are arrested for a Christmas party DUI you may be thinking, ”What do I do now?”  Being arrested for DUI is a frightening and traumatic experience.  Our clients often struggle to deal with the stigma and shame associated with a DUI arrest.  Many strong people are brought to tears when telling a loved-one about their arrest.  Complicating matters is a palpable sense that everything is spinning out of control.  Charles Rowland and the staff at DaytonDUI have been helping people through this process for over seventeen years.  We want to reassure you that your DUI case can be successfully managed.  Like any other crisis, it is imperative that you take steps to PROTECT YOURSELFEDUCATE YOURSELF and EMPOWER YOURSELF.  Below are some helpful steps that you can take to begin the process of putting a Christmas Party DUI arrest in perspective.

1. PROTECT YOURSELF

As soon as possible after your Christmas party DUI arrest, take time to write down every single detail of that you can remember.  Sometimes critical pieces of a defense can be found in details that may be forgotten if not recorded immediately.  Start with a time-line or chronology.  What were you doing prior to drinking? When did you start drinking?  How was your health in general on that day?  Did you work out earlier in the day?  Were you around any chemicals?  When did you last sleep?  What do you remember watching on television that day?  Did you make any cell phone calls or have text chats?  When did you last eat and what was it?  What cologne or aftershave lotion did you use that day?  What kind of shoes were your wearing?  Other important areas of consideration include what medications or drugs you ingested prior to driving.  Do you take prescription medication? Do you regularly smoke cigarettes or marijuana?  Did you use breath spray or tic-tacs or tobacco?  Who did you see that day?  Could you have visited a store with a video surveillance camera?  Do you know the bartender who served you?  How was your car operating that night or day?  Think of this first step as establishing what happened before you came in contact with law enforcement.

Next comes the “during arrest information.”  Yes, it may be painful, but try to write down everything that you can remember when you were stopped by law enforcement.  When did you first notice the officer following you?  What was your reaction?  Were you using a cell phone or texting (which may explain swerving), or were you oblivious to the officer until he turned his lights on.  Did you have anything in your mouth?  Often, the location of your stop can provide powerful assistance to your attorney.  Was it a busy road?  What were the conditions?  Was the roadway wet, slick, slanted, pot-holed?  Your memory may tempt you to focus on the administration of the standardized field sobriety tests, but many law enforcement decisions are made prior to asking you to step from the car.  The officer writes these important details in his report.  Make sure your attorney knows your version of events.  Remembering what you and the officer said is vital to establishing your defense.  Details of what happened at the station are also important.  How long were you in the cruiser?  How many officers were on the scene?  Who, if anyone, searched your car?  At the station, where were you placed prior to the test?  What, if anything, was read to you by the officer?  Try to be as precise as possible and write down exact quotes when you remember them.  Another way to protect yourself is to take pictures of your car and of the location of the stop.  The location may be vital in any number of ways in establishing the validity of the field tests and may possibly explain your driving habits on that roadway.  If the officer alleges that your tail light was out, or that your license plate light was inoperable, pictures taken shortly after the incident may exonerate you.

Do not drive!  If your license has been suspended you should protect yourself by arranging for transportation for at least two weeks.  Taking a taxi, or the bus, or just huffing it is less cumbersome than an additional charge of driving under a DUI suspension which carries additional mandatory jail time in Ohio.  You should also find out what ramifications will take place at your job.  If you have a CDL, you cannot drive under the CDL until the charges are resolved.  Active-duty military personnel also have obligations which may prove difficult without a license.  Losing your right (it’s not a privilege in my opinion) to drive is terrible.  It is my opinion that, to many people, the pre-conviction suspension is the worst punishment that they will incur in the entirety of this experience.  Address your particular situation with a qualified and competent DUI attorney.

Reasonable doubt comes from the recollection of events in a coherent and believable manner.  Protect yourself by taking the time to record what happened and by acting responsibly.

2. EDUCATE YOURSELF

DaytonDUI.com was started with the intent that you could find reliable information that would allow you to evaluate your case and choose an attorney.  Education about your charge will make you better equipped to find the attorney that is right for you.  A good place to start is the article “How to Hire a DUI Attorney” [linked HERE].  Ask everyone you know if they have had good or bad experiences with a particular attorney.  Talk to attorneys on the phone.  Meet with them in person.  Educate yourself about the particular court that you are going to, and the prosecutor, and the location of the court.  Check the credentials of the DUI attorneys in your area. [See HERE for a biography of Charles M. Rowland] Sometimes the scariest part of your DUI experience will be not knowing what the court process is like.  Good attorneys will try to help you by answering your questions and not trying to take advantage of your vulnerability at this critical time.

My dad always said, “If you know how somebody gets paid, you’ll never get ripped off.”  Have a discussion with potential attorneys about how they expect to get paid and what you can expect for that service.  Ask who will be handling your case; will it be the attorney you are meeting with or an associate.  Ask how many cases they have tried in that court and whether or not they will listen to what you want.  One-size fits all is great from some things, but not for legal services.  Take control and get what you pay for.  Educate your self about your circumstances and your options so that the DUI experience is less traumatic.

3. EMPOWER YOURSELF

Some people come to my office, drop the ticket on my desk and expect me to take care of it.  Others want to understand every aspect of a DUI case from beginning to end.  I will work to make sure that you are taken care of in a manner that meets your expectations.  I will conform to what you need your attorney to be.  Now is not the time to retreat into yourself, but you must call on your inner champion to make the best decisions possible under the circumstances.  Everything we do at DaytonDUI is designed to provide you with a sense that your case is going to be handled to the best of our ability.  We have a great staff, good on-line and printed material, the best DUI library around and a proven track record.  We want you to win your case and put a bad experience behind you.  If you want to find out more, please check our blog or call Charles M. Rowland II at 937-318-1384 or 1-888-ROWLAND.

“Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.” -Arnold Schwarzenneger-

OVI 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.”

Find Ohio Christmas Party DUI law and other city-specific info at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

There’s A New Standardized Field Sobriety Tests “Guide”

November 18th, 2013

standardized field sobriety testsStandardized Field Sobriety Tests are commonly known as the roadside activities that police officers ask drivers to perform if the officer suspects that the driver is impaired by alcohol or another impairing substance. We call them “stupid human tricks.”  Contrary to popular understanding and belief, many of these tests have little basis in science, and the ones that do are frequently performed incorrectly.

NHTSA has developed a new “GUIDE” in assessing Standardized Field Sobriety Tests.  The new (March, 2013) version focuses more on having law enforcement recognize and administer tests to determine impaired driving by substances other than alcohol.  No new scientific studies regarding the scientific validity of the Standardized Field Sobriety Tests are given and no improvements to the process are undertaken. This is the latest in many revisions to the NHTSA Standardized Field Sobriety Testing Manuals (1987, 1992, 1995, 2000, 2002, 2004, 2006 (R2/06 and R8/06 R2/06/09).

Instead of improving the tests, the author’s have decided to take out one of the basic factual components of the entire Standardized Field Sobriety Test scheme – the preface.  Yep, that’s right; the preface has been targeted for change.  Recall the following preface to the most recent NHTSA manual.

The procedures outlined in this manual describe how the Standardized Field Sobriety Tests (SFSTs) are to be administered under ideal conditions. We recognize that the SFSTs will not always be administered under ideal conditions in the field, because such conditions will not always exist. Even when administered under less than ideal conditions, they will generally serve as valid and useful indicators of impairment. Slight variations from the ideal, i.e., the inability to find a perfectly smooth surface at roadside, may have some affect on the evidentiary weight given to the results. However, this does not necessarily make the SFSTs invalid.

Why target the preface?  It is this author’s opinion that the preface was being used by DUI defense attorneys to place the Standardized Field Sobriety Tests in proper context before the jury in DUI prosecutions.  Just like other areas, the government would rather hide behind words rather than give attorneys defending citizens’ freedom something that has proven to aid jurors in laying bear the problems with these tests. Now more than ever, it is important to have an attorney who understands what they are doing and why they are doing it.  Sadly, many attorneys will never know of the change and more innocent people will be convicted based on pseudo-scientific stupid human tricks.

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 standardized field sobriety tests and other city-specific info at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville