Tag Archives: Dayton OVI

Dayton OVI lawyer Charles Rowland specializes in DUI / OVI defense for the accused drunk driver in Ohio.

OVI Trial Practice: Admission of the Alcohol Influence Report

alcohol influence report

The Alcohol Influence Report is a document prepared by the arresting officer noting each and every indicator for alcohol impairment that they took note of in their investigation.  Most of the forms require that the officer simply check the predetermined indicator.  Not surprisingly, all the officer’s observations fall neatly into these predetermined areas. The report is a document of the officers opinions and should not be considered routine ministerial reports of a non-adversarial nature.   Clearly, letting the jury have this [Read the full post. . .]

Driving Is A Right Not A Privilege

driving is a rightDriving Is A Right!

Have you ever been told that “driving is a privilege?” Bah! This author argues that the DUI case law needs to be expanded to include “driving” as a fundamental right under the First Amendment’s Freedom of Assembly. Thus, the analysis should be under the substantive due process analysis not simply under the procedural due process analysis. Because the human rights of freedom of movement, right to earn a living and the right to peaceably assemble are [Read the full post. . .]

Determining Probable Cause For An OVI Offense

probable causeA warrantless arrest must be supported by probable cause in order to be constitutionally valid. State v. Timson, 38 Ohio St.2d 122, 67 Ohio Op.2d 140, 311 N.E.2d 16 (1974).  In order to make a finding that probable (more likely than not) cause existed the court must look at the totality of the circumstances surrounding the arrest. State v. Miller,  117 Ohio App.3d 750, 691 N.E.2d 703 (11th Dist. Court of Appeals 1997), State v. Brandenburg, 41 [Read the full post. . .]

A Motion To Suppress Is Vital In An Ohio DUI Case

motion to suppressIn State v. French, 72 Ohio St. 3d 446, 1995-Ohio-32, 646 N.E. 2d 887 (1995), the Ohio Supreme Court held that a pretrial motion to suppress is the only way to challenge the admissibility of a chemical test.  If not filed, the results will be automatically admissible at trial.  The prosecuting attorney will not need to lay a foundation and any objection by the defense as to their admission will be overruled by the judge.  This makes choosing an [Read the full post. . .]

Dayton Drunk Driving Lawyer Charles M. Rowland II

dayton drunk driving lawyerDayton drunk driving lawyer Charles M. Rowland understands.  You thought a DUI could never happen to you or someone close to you, but now you have suddenly realized you are in a situation that you never expected. You are probably asking yourself, “What happens next?” or “What do I do now?” Contact Dayton drunk driving defense lawyer Charles M. Rowland II to protect all of your rights. You can rest assured that the Government is going to do everything they [Read the full post. . .]