Tag Archives: dayton-duilawyer

Making Bail In Your Ohio DUI Case

Deutsch: Kautionsagentur in Indianapolis, USA ...

When you are arrested for OVI in Ohio, the police have the discretion to release you or to hold you in a local jail. If you are released, you are given a court date and it is your responsibility to show up at the designated time and place so that your case can proceed.  Failure to do so will result in an arrest warrant being issued.  The time and place of your appearance appears at the bottom of your ticket.  There you will find the date and the address of the court  where your case will be heard.

If you are held in jail, you will be given the opportunity to post a bond.  The posting of a bond is often referred to as  “making bail” or “bailing out” of jail.  Why do you have to make bail?  The purpose of bail is to ensure that the defendant appears for all scheduled court hearings. Many jurisdictions in Ohio have a set amount of bail for a first-time OVI offender and you will be required to pay this bail amount prior to your release.  This pre-determined amoutn is referred to as the Bond Schedule.  Many courts will post the Bond Schedule on their web sties, making it easier for family members to access the information.  Other jurisdictions will hold you in jail until you appear before a judge.  The judge will hold a preliminary hearing called an arraignment and a bond amount will be set.  Most often the defendant will be able to post bail immediately.  Usually, bail bonds may be posted 24 hours a day.  Check with the court about what types of payments can be accepted and whether or not a credit card holder must be present for the payment to be accepted.

There are several types of bonds that can be set by the judge:

  • Recognizance Bond – Also referred to as an O.R bond, this bond requires the person who is charged with the offense to sign bond papers that are completed by the court.  No other collateral is posted.  Failure to appear for all future court dates under a recognizance bond is punishable by six months in jail and/or a $1,000 fine, regardless of the outcome of the original charge.
  • 10% Cash Bond – This type of bond requires only 10% of the full amount of the bond to be posted. For example, if a $5,000 appearance bond is set, you will need to post $500 with the court to secure your release. If you make all the necessary court appearances, the money will be returned at the end of the case. Failure to appear could make you liable for the full amount of the bond and the court could render judgment against you.  In this example you may owe an additional $4,500.
  • Cash Bond – If the court does not give you a 10% bond, you must post the entire amount of the bond that has been set before being released.  Make all of the scheduled court appearances and the court will return all of the money posted.
  • Property Bond – This type of bond has many requirements and is governed by O.R.C. 2937.24 and Criminal Rule 46(A)(3) & (I). Please consult a professional if considering this type of bond.

Sometimes a judge will say that the bond is a cash or surety bond.  Often a judge will say a short-hand version such as, “Bail will be $1,000 cash or surety.”  A surety bond requires the posting of a surety power from an insurance company that guarantees the full amount of the bond will be paid in the event the defendant does not appear for a scheduled court hearing.  Bail bond companies are also knows as bail bondsmen.  Choose a bail bond company that services the jail where you are being held.  You should also consider how quickly they can act on your case, whether or not they accept payment plans and whether or not collateral will be required.  Once you have chosen a bail bond company, the bail agent will then post the bond at the necessary jail to secure release.  NOTE: co-signing on a bond can have serious and devastating effects.  Please read and understand the obligations you are undertaking before entering into this contractual relationship.

Once the bond is posted the release process begins.  The bond is processed through the court and a release notice is issued to the jail.  Depending on the size of the jail, this process can take 10 minutes or several hours.  Usually, the defendant will receive a court date upon his or her release.  Again, failing to appear at the court date will result in a warrant being issued for your arrest and may result in a forfeiture of your bond.  Now is the time to begin searching for an attorney to help you through your Ohio OVI case.  DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in FairbornDaytonSpringfieldKetteringVandaliaXenia,MiamisburgSpringboroHuber HeightsOakwoodBeavercreekCenterville 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 to40404. 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.

 

DaytonDUI And The Continuing Problems With the Intoxilyzer 8000

The implementation of the Intoxilyzer 8000 continues to be an embarrassment to all Ohioans.  Not only is the machine rife with problems, but the Ohio Department of Health has botched both the writing of the rules of implementation.  Now they plan on shutting down the key component of the Intoxilyzer 8000 scheme, the Breath Instrument On-line Database.  The shutdown is due to complications, missing tests and disappearing data.  This raises the question as to how the Ohio Department of Health will prove that they maintain three (3) years of data/subject tests as required by law.  Likewise, they are unable to produce 3 years of records of data that was reported from the machine like: breath volume, sample attempts, breath duration, tank pressure, atmospheric pressure, etc.  Not surprisingly, this is the very information that DUI attorneys throughout Ohio were using to show the unreliability of the Intoxilyzer 8000.  It is a continuing source of shame that these rules and this machine is still in use and exacting such a heavy toll on citizens, some of whom are factually innocent of the humiliating charge of drunk driving.  When people ask why I fight for DUI I point to this continuing injustice.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in DaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboroHuber HeightsOakwoodBeavercreekCenterville 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”

The 47 Types & 38 Causes of Nystagmus; (It’s Not Just Caused by Alcohol)

Field sobriety test

The horizontal gaze nystagmus test is an eye test approved by the National Highway Traffic Safety Administration(hereinafter NHTSA) as a tool to detect clues of impairment in drivers. The HGNtest is one of three psychomotor tests approved as part of the standardized field sobriety testing protocol employed by law enforcement officers throughout the United States and used here in Ohio. The HGN is a test of your eyes wherein the testing officer is looking for abnormal movements call saccades.  These movements make the eye appear to bounce or wobble.  The officer uses this movement to make a correlation to alcohol use.  This would valid only if we are able to demonstrate that nystagmus is specific to alcohol impairment.  However, we know that there are other causes of nystagmus.  It is up to your DUI lawyer to demonstrate another valid reason for what the officer is observing.  You can find information about the Horizontal Gaze Nystagmus test and its biases on this site.

Listed beloware some other scientifically recognized causes of nystagmus.

47 Types of Nystagmus

1. Acquired

2. Anticipatory(Induced)

3. Arthrokinetic(Induced,Somatosensory)

4. Associated(Induced,Stransky’s

5. AudioKinetic(Induced)

6. Bartel’s(Induced)

7. Brun’s

8. Centripetal

9. Cervical(NeckTorsion,Vestibular-0basilarArteryInsufficiency

10.Crcular/Elliptic/Oblique (Alternataing Windmill, Circumduction, Diagonal,

Elliptic, Gyratory, Oblique, Radiary)

11.Congenital (Fixation, Hereditary)

12.Convergence

13.Convergence Invocked

14.Disaccociated, Disjunctive

15.Downbeat

16.Drug Induced (Barbiturate, Bow Tie, Induced)

17.Epileptic (Ictal

18.Flash Induced

19.Gaze-Evoked (Deviational, Gaze-Paretic, Neurasthenic, Seducible, Setting-In)

20.Horizontal

21.Induced (Provoked)

22.Intermittent Vertical

23.Jerk

24.Latent/Manifest Latent (Monocular Fixation, Unimacular)

25.Lateral Medullary

26.Lid

27.Miner’s (Occupational)

28.Muscle Paretic (Myasthenic)

29.Optokinetic (Induced, Optomotor, Panoramic, Railway, Sigma)

30.Optokinetic After-Induced (Post-Optokinetic, Reverse Post-Optokinetic)

31.Pendular (Talantropia)

32.Periodic/Aperiodic Alternating

33.Physiologic (End-Point, Fatigue)

34.Pursuit After Induced

35.Pursuit Defect

36.Pseudo Spontaneous

37.Rebound

38.Reflex (Baer’s)

39.See-Saw

40.Somatosensory

41.Spontaneous

42.Stepping Around

43.Torsional

44.Uniocular

45.Upbeat

46.Vertical

47.Vestibular (Agotropic, Geotro-Pic, Bechterew’s, Caloric, Compensatory,Electrical/Faradic/Gal Vanic, Labyrinthine, Pneumatic/Compression, Positional/Alcohol, Pseudo Caloric)

Obtained from Dr. L. F. Dell’Osso, Nystagmus, Saccadic Intrusions/Oscillations and Oscillopsia, 3 Current Neuro-Opthamology 147 (1989).  There are also 38 verified causes for a horizontal gaze nystagmus other than alcohol impairment.

 

38 Causes of Horizontal Gaze Nystagmus

1. ProblemsWithTheInnerEarLabyrinth

2. Irrigating The Ears With Warm Or Cold Water Under Peculiar Weather

Conditions

3. Influenza

4. StreptococcusInfection

5. Vertigo

6. Measles

7. Syphilis

8. Arteriosclerosis

9. MuscularDystrophy

10.Multiple Sclerosis

11.Korchaff’s Syndrome

12.Brain Hemorrhage

13.Epilepsy

14.Hypertension

15.Motion Sickness

16.Sunstroke

17.Eyestrain

18.Eye Muscle Fatigue

19.Glaucoma

20.Changes In Atmospheric Pressure

21.Consumption Of Excessive Amounts Of Caffeine

22.Excessive Exposure To Nicotine

23.Aspirin

24.Circadian Rhythms

25.Acute Trauma To The Head

26.Chronic Trauma To The Head

27.Some Prescription Drugs, Tranquilizers, Pain Medications, Anti-Convulsants

28.Barbiturates

29.Disorders Of The Vestibular Apparatus And Brain Stem

30.Cerebellum Dysfunction

31.Heredity

32.Diet

33.Toxins

34.Exposure To Solvents, PCB’s, Dry-Cleaning Fumes, Carbon Monoxide

35.Extreme Chilling

36.Lesions

37.Continuous Movement Of The Visual Field Past The Eyes

38.Antihistamine Use

See Shultz v. State, 664 A.2d 60, 77 (Md. App. 1995) citing State v. Witte; State v. Clark, State v. Superior Court, and Mark A. Rouleau, Unreliability of the Horizontal Gaze Nystagmus Test, 4 Am.Jur. Proof of Facts 3d 439 (1989); Louise J. Gordy & Roscoe N. Gray, 3A Attorney’s Textbook of Medicine § § 84.63 and 84.64 (1990).

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboroHuber HeightsOakwoodBeavercreekCenterville 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.”

Arrested for OVI in Centerville, Ohio?

If you are arrested for OVI in Centerville, Ohio your case will be heard in the Kettering Municipal Court.  The Kettering Municipal Court provides justice services for the communities of Centerville, Kettering, Moraine and Washington Township. The Kettering Municipal Court is located at 2325 Wilmington Pike in Kettering, Ohio 45420.  You can reach the Kettering Municipal Court Clerk’s Office at (937) 296-2461.  The Kettering Municipal Court’s web site is HERE.  You can get directions to the Kettering Municipal Court by clicking HERE.  You can reach the Centerville Police Department (155 W. Spring Valley Rd., Centerville, Ohio 45458) at 937-433-7661 or by fax at (937) 433-0735.  The Centerville Police Department office hours are Monday through Friday 8:00 AM to 4:30 PM.  Visit the Centerville Police Department web site HERE.

If you or a loved one are accused of drunk driving in Centerville, Ohio, CONTACT Centerville OVI attorney Charles M. Rowland II for a free consultation at (937) 318-1DUI (318-1384), or visit www.DaytonDUI.com, www.KetteringDUI.com or www.CentervilleDUI.com. Charles Rowland regularly appears in the Kettering Municipal Court and has worked hard to earn the experience and credentials necessary to defend your Centerville OVI case.  To learn more, check out “How to Hire a DUI Attorney.”


Alcohol and Energy Drinks (by DaytonDUI.com)

One 23.5 ounce can of the Four Loko alcoholic ...

In 2005, the Drink Four  Brewing Company introduced Four Loko to the American malt beverage market. The name “Four” is derived from the original energy drink’s four main ingredients: alcoholcaffeinetaurine, and guarana.  There are three product lines within the Four brand:

  • Four Loko — contains either 6%, 8%, or 12% alcohol by volume (ABV), depending on state regulations, and is packaged in 23.5 oz. cans
  • Poco Loko — contains 8% alcohol by volume (ABV), and is packaged in 16 oz. cans
  • Four Loko in bottles — contains either 6% or 8% alcohol by volume (ABV), and is packaged in 11.2 oz. glass bottles

Original formulations of both beverages were a malt liquor-based, caffeinated alcoholic energy drink with added guarana and taurine. The formulations were developed by three alumni of The Ohio State University: Chris Hunter, Jeff Wright, and Jaisen Freeman.  Almost immediately following the introduction of the drinks, a coalition formed in opposition to the beverage.  Critics suggested that consuming energy drinks with alcohol can be harmful in reducing the perception of alcohol intoxication and/or in leading to increased alcohol or drug consumption.

In 2009, a group of US state attorneys general began active investigations of companies which produced and sold caffeinated alcohol beverages, on the grounds that they were being inappropriately marketed to a teenage audience.  The attorneys general were also concerned that these drinks could pose health risks by masking feelings of intoxication.  Colleges and universities joined the chorus against the beverages in 2010 when they began to see injuries and blackouts related to the drink’s use.  The University of Rhode Island banned this product from their campus on November 5, 2010. [sourced via Wikipedia].  Several stores, including Tops Markets, Price Chopper and Wegmans have voluntarily pulled the product from their shelves.

Under mounting pressure, Phusion withdrew Four Loko from the State of New York in November, 2009.  The beverage was banned in Oregon by a 4-1 vote of the Oregon Liquor Control Commission in that same month.  Citing health and safety concerns, Oklahoma joined the movement against the sale of Four Loko.  Michigan soon followed suit.  Id.  According to a statement from the Michigan Liquor Control Commission, “The decision was made in light of several studies regarding alcohol energy drinks, the widespread community concerns aired by substance abuse prevention groups, parent groups and various members of the public, as well as the FDA’s decision to further investigate these products.” [source]  The New York State Liquor Authority moved for a full  ban as of November 19, 2010. New York state senator Chuck Schumer and New York City councilman James Sanders Jr. have approached the Obama administration to ban Four Loko across the state of New York.  Ohio did not join the stampede.  Instead, they took a wait and see approach.  “We are continuing to monitor the situation,” a representative of the Ohio Department of Commerce Division of Liquor Control said. “However, a legislative change would be needed to the statute in order for the superintendent to disapprove a product.” [source]

On November 17, 2010 the U.S. FDA Food and Drug Administration dropped the proverbial hammer.  They issued a warning letter to four manufacturers of caffeinated alcohol beverages citing that the caffeine added to their malt alcoholic beverages is an “unsafe food additive” and said that further action, including seizure of their products, may occur under federal law.  It declared that beverages that combine caffeine with alcohol, such as Four energy drinks, are a “public health concern” and can’t stay on the market in their current form.  But is this drink really a public menace?

As reported at Alcohol Problem and Solution, a site maintained by Dr. David J. Hanson of the State University of New York, the research does not support the level of outrage generated by the public.  To examine the scientific evidence on the effects of mixing energy drinks and alcohol, a review of the research was conducted. It found

  • virtually no evidence that energy drinks influence any behavioral effects of alcohol,
  • no reliable evidence that energy drinks effect the perceived level of intoxication by drinkers,
  • no evidence that mixing energy drinks and alcohol leads to alcohol or drug abuse or dependence, and
  • no adverse health effects for healthy individuals from combining energy drinks and alcohol.

The review was conducted by researchers at the Utrecht Institute for Pharmaceutical Sciences at Utrect University, Utrecht, The Netherlands, and published in the International Journal of General Medicine.  If you wish to review the research, please consult the following:

  • Greenemeier, L. Why Are Caffeinated Alcoholic Energy Drinks Dangerous? Scientific American, November 9, 2010.
  • Hendrick, B. Dangerous Cocktail: Energy Drinks + Alcohol: Mixing Booze With Energy Drinks Triples Risk of Getting Drunk. WebMD Health News, February 12, 2010.
  • Join Together Staff. Combining Energy Drubks with Alcohol More Dangerous than Drinking Alcohol Alone. JoinTogetherOnline.com, April 18, 2011.
  • Jones, S.C., et al. Why (not) alcohol energy drinks? A qualitative study with Australian university students. Drug and Alcohol Review, published online May 24, 2011. DOI: 10.1111/j.1465-3362.2011.00319.x
  • Minderhout, C. Energy Drinks and Alcohol Still a Risky Mix. Food Safety News, May 2, 2011.
  • Park, A. A Bad Mix: Why Alcohol and Energy Drinks Are Dangerous:
    Healthland Time, April 18, 2011.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in DaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboroHuber HeightsOakwoodBeavercreekCenterville 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”