Tag: dayton dui defense

DUI Defense In “My Cousin Vinny”

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dui defense attorney

DUI defense is never far from my mind.  I was reminded of this last weekend watching one of my favorite movies, “My Cousin Vinny.” In the movie, a novice New York attorney (Joe Pesci) heads to the deep south to defend his cousin and his friend in a high-profile murder case.  He is met with a hostile judge and a pompous attorney who are hell bent on seeing the two kids put away for murder. Consequently, comedy ensues.

Because of his inexperience, Vinny has a hard time at trial. Especially relevant is his lack of understanding of criminal procedure. However, he makes a comeback. In the course of the trial the prosecutor call George Wilbur (James Rebhorn) as an expert for the State.  Vinny objects.

Vinny Gambini: I object to this witness being called at this time. We’ve been given no prior notice he’d testify. No discovery of any tests he’s conducted or reports he’s prepared. And as the court is aware, the defense is entitled to advance notice of any witness who will testify, particularly to those who will give scientific evidence, so that we can properly prepare for cross-examination, as well as to give the defense an opportunity to have the witness’s reports reviewed by a defense expert, who might then be in a position to contradict the veracity of his conclusions.

[there is a short pause as Judge Haller appears caught off-guard by Vinny’s sudden compentence with knowledge of the law]

Judge Chamberlain Haller: Mr. Gambini?

Vinny Gambini: Yes, sir?

Judge Chamberlain Haller: That is a lucid, intelligent, well thought-out objection.

Vinny Gambini: Thank you, Your Honor.

Judge Chamberlain Haller: [firm tone] Overruled.

The State’s witness is the special automotive instructor of forensic studies for the FBI. He testifies that the tire marks left at the scene of the crime match the tires of the vehicle driven by Vinny’s clients.  “Same tires,” says the prosecutor. In addition to the science, the witness has all of the traditional indicia of credibility due to an outstanding education and an authoritative command of the courtroom.  The only problem with his testimony is that he is DEAD WRONG!  In the movie the kids are saved by out-of-work hairdresser Mona Lisa Vito (Marisa Tomei) whose real world expertise proves that the car did not match the tire tracks left at the scene.

In DUI defense we are almost always faced with police officers and forensic experts who are clothed in the traditional indicia of credibility.  In addition, DUI defense attorneys also face a machine that the state of Ohio has exempted from scientific challenge. The only thing that our clients have going for them is us! As a result, you need to have an attorney you can depend on.

I also take pleasure in proving the machine and the State’s witnesses wrong.  It is said that DUI is the most frequently mis-charged crime in the United States.  When you can get a jury to see an error it is as dramatic as anything Hollywood can produce. Furthermore, it is a feeling that most attorneys, especially me, strive to have as much as humanly possible.  Maybe one day I will have the opportunity to deliver the opening statement that Vinny Gambini uses in the movie…

Vinny Gambini: [opening statements] Uh… everything that guy just said is bullshit… Thank you.

I dedicate my practice to defending the accused drunk driver in the Miami Valley and throughout Ohio. I have the credentials and the experience to win your case. You can be sure that I want to be Dayton’s choice for drunk driving defense. Contact me 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.  Finally, you should keep my motto in mind,  “All I do is DUI defense.”

To learn more about DUI defense check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgHuber HeightsOakwoodBeavercreekCenterville


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Drive Sober Or Get Pulled Over In Full Effect!

00Illegal Police Stops, Ohio Traffic LawTags: , , , , , , ,

The annual “Drive Sober or Get Pulled Over” campaign, sponsored by the National Highway Traffic Safety Administration, MADD and local law enforcement agencies, is in full effect. The OVI (drunk driving) crackdown will last from now until January 1st. Below is the new ad for 2015.

DUI Defense: How Much Do You Know About Drugs?

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One of the most important aspects of modern DUI defense is knowing how to defend the alleged drug-impaired driver.  With increased focus on the drugged driver, DUI attorneys must have good resources at their disposal.  One of the best resources I have found is the Drug Enforcement Agency’s Drugs of Abuse Resource Guide. It gives up-to-date information about both illegal and prescription drugs and allows you to explore effects and interactions.

dui defenseAs one of the first Drug Recognition Expert trained DUI defense attorneys, I have manual after manual that gives detailed information about drug interaction.  I know the methodology law enforcement employs to look for impairment, but little introductory materials about the drugs themselves.  Sometimes you need to take a step back and get an overview of the drug, how it is used/abused and what family it belongs to.  The above guide is always a great place to start.

Call Dayton DUI defense attorney to discuss your drugged driving case.

Dayton DUI Wishes You a Happy Memorial Day Holiday

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“Poor is the country that has no heroes.  But beggared is the people who having them forgets.”

-Col. Wm. A. Jones III, Medal of Honor Recipient-

As you pause to remember those who have died in our nation’s service, have a safe and relaxing Memorial Day Weekend.  If you find yourself in need of representation resulting from a DUI arrest, contact Charles M. Rowland II at 937-318-1DUI (318-1384) or 1-888-ROWLAND (888-769-5263).

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Defending A DUI: The Exit Sequence

00Illegal Police StopsTags: , , , , , , , ,

There are three distinct phases to an alcohol investigation. The first phase involves the officer observing your driving behavior and determining whether or not to initiate a stop. This first phase is called the ‘Vehicle in Motion‘ Phase.

The second phase is the ‘Personal Contact‘ phase. Here the officer has exited his/her vehicle and is having a conversation with you.  Do you look drunk? Do you smell drunk? Do you sound drunk?  A trained law enforcement officer has many tools in their arsenal to help determine if you may be intoxicated.  If the officer is satisfied that enough evidence exists, they will ask you to exit the vehicle. [Note: the legal standard required to have you exit the vehicle for further investigation is reasonable and articulable suspicion].

When the officer asks you to exit the vehicle, they are trained to look for the following signs of impairment:

  • Angry, unusual reactions
  • Can’t follow instructions
  • Can’t open door
  • Leaves car in gear
  • “Climbs” out of car
  • Leans against car
  • Keeps hands on car (for balance)

The only way an officer will care about how you exit the vehicle is if he has already determined you may be impaired by alcohol or a drug of abuse. NHTSA IV-6.  Therefore, to  avoid the appearance that you are impaired, exit the car in an orderly fashion as instructed by the officer. From that point you can decide if it is in your interests to participate in the standardized field sobriety tests.  Why would you? The officer is already suspicious of your sobriety, so why give them additional evidence upon which to support their theory.  Politely say that you don’t wish to do anything else until you speak to an attorney.

Plan ahead by knowing your rights and having the Dayton DUI Attorney 24 hr. Hotline number at the ready.  Call us at (937) 776-2671 and we will talk about your case. Learn more about Charles M. Rowland II at www.DaytonDUI.com.