Tag: dayton ovi lawyer

Dayton OVI Attorney Charles M. Rowland II

00Dayton DUI, Montgomery CountyTags: , , , , , , ,

Looking for a OVI attorney in Dayton, Ohio?

dayton oviDayton OVI attorney, Charles M. Rowland II has been serving the people of Dayton since 1995. He focuses his practice exclusively on defending the accused drunk driver and has amassed an impressive number of credentials in his field. He was named “Top Attorney” in the area of OVI defense by Car & Driver (May 2013) and Time (August 2013). He is a former city prosecutor and special prosecutor in OVI cases. Charles Rowland has been an expert witness on matters of evidential breath testing, testifying on behalf of the United States government in Court Martial proceedings at Wright-Patterson Air Force Base.

Did you blow? Charles Rowland is certified on the Intoxilyzer 8000, the BAC DataMaster and has lectured on topics related to the machines, teaching attorneys throughout Ohio how to beat a breath test. He has completed training in the Drug Recognition Expert Protocol and is as qualified as any law enforcement officer in administering and interpreting the standardized field sobriety tests. Twice a year, Charles M. Rowland II helps the Greene County Career Center Police Academy by conducting a mock trial.

Learn more about Charles M. Rowland II by scheduling a free consultation about your Dayton DUI case. Call (937) 318-1DUI or 888-ROWLAND.

Happy Presidents’ Day From Dayton DUI Attorney Charles Rowland

00Dayton DUI, Montgomery CountyTags: , , , , , , , , , , , , , , , , , , , ,

Dayton DUI AttorneyHappy Presidents’ Day from Dayton DUI attorney Charles M. Rowland II and all of the folks at Babb & Rowland.  We hope that you have a great weekend and that you spend some time contemplating what kind of society in which you want your children to be raised.

Dayton DUI attorney Charles M. Rowland II is dedicated to making the criminal justice system reflect the values and freedoms set fort in the Constitution and brought to life by the courageous actions of our leaders. If you are in need of a Dayton DUI attorney this weekend, please contact him at (937) 776-2671.

“All I do is DUI defense.”

For more info on Dayton DUI attorney Charles M. Rowland II or for city-specific sites, check the following links:

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

 

Facial Recognition, License Plate Readers and No Accountability

00Ohio Traffic LawTags: , , , , , , , , ,

license plate readersLicense Plate Readers are now offering law enforcement agencies the ability to use facial recognition software on American streets with almost no laws making law enforcement accountable and no public debate on the topic.

According to a story at www.TheNewspaper.com,

The leading suppler of automated license plate readers technology in the US (ALPR, also known as ANPR in Europe) is expanding its offerings to law enforcement. Vehicle owners have already had their movements tracked by the company Vigilant Solutions, which boasts 2 billion entries in its nationwide database, with 70 million additional license plate photographs being added each month. Now passengers can also be tracked if they hitch a ride with a friend and are photographed by a camera aimed at the front of the car. The Livermore, California-based firm recently announced expanded integration of facial recognition technology into its offerings.

“The new Vigilant Mobile Companion app expands the benefits of license plate recognition and facial recognition technologies to all areas of the agency,” a Vigilant Solutions press release claimed. “Using many of the new analytic tools that Vigilant has released in its Learn product over the last couple of years, the app makes these tools even more easy to use and accessible on a mobile device. The app also features Vigilant’s Facesearch facial recognition which analyzes over 350 different vectors of the human face.”

Though primarily intended for fixed security camera installations, the software could allow police to identify the occupants of vehicles when the system is supplied with a clear photograph of a car’s interior. In states such as California and Arizona where red light cameras and speed cameras photograph the front of a car, the video stream can be analyzed in “near real time” to catalog and identify the driver and anyone in the passenger seat of passing vehicles, flagging any “person of interest.”

Let’s have a debate about license plate readers and their ability to recognize faces! Voices expressing concern over the amazing technology available to track our most private affairs should be given the opportunity to make their case prior to wide-spread use of these technologies.

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 license plate readers, check these city-specific sites at the following links:

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

 

Aggravated Vehicular Assault: What is Operation?

00DUI FelonyTags: , , , , , , , , , , , , , , , , ,

aggravated vehicular assaultIn order to convict a person of Aggravated Vehicular Assault, the State is required to prove, beyond a reasonable doubt, that, “while operating * * * a motor vehicle, * * * cause[d] serious physical harm to another person * * * [a]s the proximate result of committing a violation of division (A) of section 4511.19 of the Revised Code * * *.” R.C. 2903.08(A)(1)(a).

The Ohio Jury Instructions with respect to vehicular assault provide a definition of “operate” which mimics that found in R.C. 4511.01(HHH).  The definition of “operate” in R.C. 4511.01(HHH) encompasses past or completed movement of a vehicle.  Ohio Jury Instructions, CR Section 503.08 (Rev. Jan. 23, 2010); State v. Lindsey, 190 Ohio App.3d 595, 2010-Ohio-5859, 943 N.E.2d 613, ¶ 22 (10th Dist.).

In State v. Miranda, 2014-Ohio-5312, the issue before this court was whether a defendant may be found to be “operating” a vehicle where that vehicle has been rendered inoperable as a result of the defendant’s driving under the influence of alcohol.

Miranda urged the court to interpret “while operating” in a strictly temporal sense, so as to require Miranda to have been actually operating the Prism at the time of the collision with the victim’s car. The State urged the court to apply the definition of “operate” set forth in R.C. 4511.01(HHH): “‘Operate’ means to cause or have caused movement of a vehicle, streetcar, or trackless trolley.”

Based on the law and analysis given above the court agreed with the broader definition of “operate” as set forth above and upheld the defendant’s conviction of Aggravated Vehicular Assault.

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 Ohio Aggravated Vehicular Assault law, check these city-specific sites at the following links:
Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Huber Heights, Springboro, Oakwood, Beavercreek, Centerville

Keywords: Ohio DUI law, Ohio Aggravated Vehicular Assault

Christmas Party DUI Arrest? We Can Help!

00Holiday MessagesTags: , , , , , , , , , , , , , , , ,

Christmas party DUI Arrest - Tips to Avoid a Bad ScenarioSUMMARY:  Nobody plans on a Christmas Party DUI Arrest, but police  are out in force during the Christmas Holiday Season.  If you plan to drink and drive, prepare yourself ahead of time in these three ways:  Protect Yourself, Educate Yourself and Empower Yourself with knowledge.  See details below.

‘Tis the season for Christmas parties and Christmas party DUI arrests. If you are arrested 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 Christmas party DUI case can be successfully managed. Like any other crisis, it is imperative that you take steps to PROTECT YOURSELF, EDUCATE YOURSELF and EMPOWER YOURSELF. Below are some helpful steps that you can take to begin the process of putting a 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

Whether it is a Christmas Party DUI Arrest ticket or some other event, 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.

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 a Christmas Party DUI Arrest, check these city-specific sites at the following links:

Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Huber Heights, Springboro, Oakwood, Beavercreek, Centerville