Tag: dayton dui lawyer

Miami Valley NORML

Is Cannabis Safe? – Dayton DUI Lawyer

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Drugs commonly prescribed, like Oxycontin, warns users that misuse can lead to respiratory distress, addiction, overdose or death. See generally, www.Oxycontin.com (official product site). Marijuana on the other hand is relatively safe with the most commonly noted side-effect being hunger and euphoria for first time users. Caution should be exercised when giving medical cannabis to patients with a cardiovascular history, those with mental disorders, and for adolescents. Borgelt, L. M., Franson, K. L., Nussbaum, A.M. & Want, G.S. (2013). The pharmacological and clinical effects of medical cannabis, Pharmacotherapy, 33(2), 105-209.

Comparative toxicological risk assessments have placed marijuana at extremely low risk whereas alcohol and tobacco are deemed to be high risk. Lachenmeier, D.@. & Rehh, J. (2015). Comparative risk assessment of alcohol, tobacco, cannabis and other illicit drugs using the margin of exposure approach, Scientific Reports, 5. www.ncbi.nim.hih-gov/pmc/articles/PMC4311234. In comparison to heroin where national overdose deaths rose six-fold from 2001-2014. National Institute on Drug Abuse. www.drugabuse.gov/related-topics/trends-statistics/overdose-death-rates, in contrast there are no recorded cases of overdose deaths from cannabis EVER! Gable, R.S. (2006). The toxicity of recreational drugs. American Scientist, 94, 206-208.

Why is it important to inform people?

marijuana cannabisThe history of marijuana regulation is replete with outright falsehoods, demonization and racism. The association with “undesirables” and years of the “War on Drugs” have left the American public, and our law makers with the impression that marijuana is dangerous and addictive.  This is not the case.  The argument that marijuana is addictive has also been disproven. Even using the broad definition of “addiction” that is employed by the NIDA, “researchers concluded that 9% of people who ever try marijuana will be addicted at some point. National Institute on Drug Abuse. www.drugabuse.gov/publications/research-reports/marijuana/marijuana-addictive.

The age-old argument that cannabis is a “gateway drug” inviting use of harder drugs has also been turned on its head. Marijuana has become a gateway to get off the hard drugs. ” The inclusion of medical marijuana represents an important adjunctive therapy to behavioral therapy and treatment with naltrexone/Vivitrol for individuals struggling with opiate addiction. Raby, W.N. et al (2009). Especially relevant is the conclusion that intermittent marijuana use is associated with improved retention in naltrexone treatment for opiate-dependence. The American Journal of Addictions, 18, 301-308.

Our Laws Are Out of Step

Much of the law surrounding marijuana is premised on the above-cited outdated arguments.  Because of fear, legislators pass draconian laws that are out of touch with the science.  All that most people involved in the legalization/medical marijuana movement want to achieve is to have laws based on rational, scientifically smart bases. I am an OVI attorney that dedicates my practice to defending the accused impaired driver.  In my practice I see lives ruined because of the faulty laws passed by our legislature.  I do more than complain.  In addition, for over 15 years I have been part of the legalization movement. I am a member of Miami Valley NORML, Law Enforcement Against Prohibition and I have spoken to groups ranging from civic groups to the national NORML convention.  In conclusion,f you need an attorney who is experienced and dedicated, give me a call. I am at (937) 318-1384.

DUI on the Water and the Return of Boating Season

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Slalom skier

With the return of the summer boating season, many people will soon be enjoying Ohio’s beautiful lakes and rivers.  This is a reminder that Ohio is cracking down on captains who indulge in alcohol while on the water.  Boating Under the Influence is illegal in Ohio. 2001 Sub. S.B. 123, eff. 1-1-04 sought to unify the drunk driving provisions with Ohio’s boating laws.   O.R.C. 1547.11(A)(1)  to O.R.C. 1547.11(A)(6) prohibit a person from operating or being in physical control of a vessel underway or manipulating water skis, aquaplanes, or similar devices while under the influence of alcohol or drugs.

O.R.C. 1547.11(A)(1) is the impairment provision of the law, preventing operation or physical control while under the influence.  The law also has a provision preventing operation with a prohibited level of alcohol which it sets at the same prohibited level (.08) as the DUI/OVI law Unlike the DUI/OVI law, there are no high-tier provisions which apply to boating. A third section of the law prohibits operation or physical control with a concentration of certain controlled substances (marijuana, cocaine, amphetamine, et al.) or metabolites of the same.  This section of the law is identical to the DUI-drug provisions found in O.R.C. 4511.19(A)(1)(j).

Subsequent amendments to the law, 2007 Am. Sub. S.B. 17, eff. 9-30-08, allows for forced blood draws for persons with two or BUI offenses.  A BUI offense can be used to enhance a subsequent DUI/OVI  offense. O.R.C. 4511.181(A)(6)-(7).  Some important differences in Ohio’s BUI law, stem from the fact that Ohio does not require an operator’s license to operate a watercraft.  Therefore, no administrative license suspension provisions are in the law.  Instead, the chief of the Division of Watercraft gives written notice that you are prevented from operating or being in physical control of a watercraft (or from registering a watercraft) for one year from the date of the alleged violation.  Another key difference is that a fourth or subsequent BUI offense is not subject to felony enhancement.

Penalties for Boating Under the Influence offenses are set forth at O.R.C. 1547.99 and are similar to those provided for DUI/OVI offenses.  Boating Under the Influence is a first degree misdemeanor and is subject to a minimum 3-day jail sentence and a maximum 6 months in jail.  The 3-day jail sentence can be served in a qualified driver intervention program.  The minimum mandatory fine for a first BUI offense is $150.  A second offense within 6 years carries a mandatory 10 day jail sentence, but the minimum mandatory fine is still $150.  A third offense requires a minimum of 30 days in jail. NOTE: The Ohio legislature is constantly “tweaking” the Ohio DUI and BUI laws, so please check with an attorney as these laws may have changed.

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.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.

Dayton OVI Checkpoint (May 29, 2015)

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There will be a Dayton OVI checkpoint tonight beginning at 10 p.m. 

Dayton OVI checkpointThe Dayton Police Department, along with members of the Combined Agency OVI Task Force of Montgomery County, will hold the sobriety checkpoint in the area of Wayne Avenue and Wyoming Street.  Unlike other recent Dayton OVI checkpoints, there is no indication that this will be a NO-REFUSAL/FORCED BLOOD DRAW checkpoint.

We provide this information because if you plan ahead, you can avoid the embarrassment and potential heartache of a DUI arrest.  Call my 24 hour number at (937) 776-2671 if you need immediate help. Stay safe.

The Phase Two Finger Dexterity Test

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Can you do the Finger Dexterity Test?

finger dexterity testThere are three distinct phases to an alcohol investigation. The first phase involves the officer’s observation of a person’s driving. It is called the “Vehicle In Motion” phase. The ultimate determination in this phase is whether or not the officer will initiate a traffic stop.  Phase one of the investigation ends when the driver stops the car.

Phase two, the “Personal Contact Phase” begins when the officer comes into contact with the driver.  The officer is trained to look, listen, and smell for cues of impairment. The ultimate decision in this phase is whether or not the driver should be removed from the car in order to be subjected to standardized field sobriety tests.  The legal standard courts apply is one of “reasonable and articulable suspicion.”  To help the officer reach this decision, the National Highway Traffic Safety Administration has developed certain tests that an officer can employ prior to removing the driver from the car.  One such test is the finger dexterity test.

How it works – The driver is asked to touch the tip of the thumb to the tip of each finger on the same hand while simultaneously counting up one, two, three, four; then to reverse direction on  the fingers while simultaneously counting down four, three, two, one.  This non-validated sobriety test requires the driver to listen, follow specific directions and divide attention. If you do poorly on the finger dexterity test, the officer can use this as part of his or her decision to remove you from the car and as a basis for probable cause to arrest you on suspicion of drunk driving.

Below is a short video showing a demonstration of the finger dexterity test (sometimes called the finger countdown test, or simply, the finger test).

If you believe that you have been falsely arrested on suspicion of DUI, please contact Dayton DUI attorney Charles M. Rowland II at (937) 318-1384. “All I do is DUI defense.”

Ohio Sets Alcohol Record – Here Are The Top 10 Sellers

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What is your favorite type of alcohol?

alcohol lawAccording to the Ohio Department of Commerce, Ohioans are buying more and better alcohol than ever before. Sales reached a record level in 2014 totaling $949 million. This represents an increase of 5.6 percent and exceeded last year’s total by $50 million, according to date released by the Ohio Department of Commerce.  Premium and Super-Premium products dominate the top of the charts and account for almost 60 percent of the total dollar sales.

Here, (from WHIO) is the top 10 list of Ohio alcohol choices:

1. Jack Daniels Tennessee Whiskey – 364,060 gallons
2. Crown Royal Canadian Whiskey – 292,772 gallons
3. Captain Morgan Spiced Rum – 278,535 gallons
4. Fireball Cinnamon Whiskey – 277,171 gallons
5. Absolut Vodka – 272,987 gallons
6. Bacardi Superior Light Rum – 271,429 gallons
7. Smirnoff Vodka – 262,461 gallons
8. Kamchatka Vodka – 261,149 gallons
9. Jagermeister – 235,016 gallons
10. Black Velvet Canadian Whiskey – 228,024 gallons

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.”

For more info on the defense of alcohol drinkers, check these city-specific sites at the following links:

Fairborn, Dayton, Springfield,Kettering,Vandalia,XeniaMiamisburg,Huber HeightsSpringboroOakwood,Beavercreek, Centerville