Tag: dayton ovi lawyer

DUI on the Water and the Return of Boating Season

00DUI & Boating, Physical Control, Reckless OperationTags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

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 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