Posts Tagged ‘Dayton OVI’

No Refusal Dayton OVI Checkpoint Tonight!

July 19th, 2014

Dayton OVI checkpointThe Dayton Police Department, along with members of the Combined Agency OVI Task Force of Montgomery County, will operate a “no refusal” Dayton OVI sobriety checkpoint Saturday at 10 p.m. in the area of N. Gettysburg and Kings Highway.  A judge will be standing by to issue a warrant for a forced blood draw if you refuse to give evidence against yourself in the form of a breath test.  This is a newly adopted and highly controversial tactic that has been adopted by the Montgomery County OVI Task Force.

If you want to receive updated information on Dayton OVI checkpoint locations, enhanced traffic enforcement, saturation patrols and other important developments that affect you, sign up for text alerts on the main page of this blog. OVI checkpoint alerts will be sent directly to your mobile device/smartphone in the location you choose in the Miami Valley. In the past month we have alerted our followers to the State Route 35 traffic initiative and three local sobriety checkpoints. You should also know that we respect your trust and we will never send you irrelevant information and/or advertisements. This service is free and available to the general public.

You can also put DaytonDUI on your Android Smart phone via the DaytonDUI app. The app helps you know your rights and know yourself by providing a drink tally so that you do not overindulge. You can send safe drinking tips to friends or use the app to find the nearest taxi for a safe trip home. The app brings you the best of DaytonDUI’s video and audio content and gives you a chance to take pictures and record memories so that you can aid in your own defense. We provide OVI checkpoint information because our sincere desire is to make our roads a safer place.

Dayton OVI Attorney 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.  IF YOU ARE STOPPED AT THE DAYTON OVI CHECKPOINT, GIVE US A CALL!

For more on Dayton OVI checkpoint law check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgHuber HeightsOakwoodBeavercreekCenterville

Dayton Drunk Driving Attorney Charles M. Rowland II

May 8th, 2014

dayton drunk driving attorneyDayton drunk driving attorney 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 attorney Charles M. Rowland II to protect all of your rights. You can rest assured that the Government is going to do everything they can to try to convict you of Operating a Vehicle While Impaired (OVI).  A DUI arrest is a jarring event with repercussions that may last for years.  Whether a bad decision brought you to this point or you were wrongfully arrested, it doesn’t matter; decisive action is necessary.  Today, you have an opportunity to make the right decision — a decision that may save you months in prison, thousands of dollars and a permanent criminal record.  Most people arrested for DUI are good people who just made a mistake or are wrongfully accused of something they did not do. What does this mean to you? It means that if you are stopped and the police are of the opinion you are intoxicated, you are going to be arrested. Now you are facing serious charges and possible jail time. There are ways to fight to avoid these consequences with the help of Charles M. Rowland II and his team of DUI experts.

Dayton Drunk Driving Attorney 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.”

To learn more about Dayton drunk driving attorney Charles M. Rowland II check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

Keywords in this article: Dayton Drunk Driving Attorney

New DUI Punishment Coming To Ohio

April 2nd, 2014

dui punishmentThe Ohio legislature is considering H.B. 469 (Annie’s Law) which would bring a harsh new DUI punishment to the State.

Currently, ignition interlock devices are used in all 50 states and the District of Columbia. However, states vary widely in how the ignition interlock devices are used and which drivers are required to install them. In West Virginia, for example, interlock devices are only ordered at a judge’s discretion while Michigan mandates their use for drivers who are found with a BAC more than twice the state’s legal limit.  In Ohio, ignition interlock devices are required for any driver accused of a second OVI (drunk driving) offense and are otherwise discretionary to the judge.  MADD has pushed to eliminate these discrepancies and urge the adoption of a model rule which covers first-time offenders with a BAC just over the legal limit and would require the installation of ignition interlock devices on hundreds of thousands more vehicles.  Currently, only 20 states require the devices for anyone convicted of a drunken driving-related offense.

Opponents to the law argue interlocks are too expensive and harsh for a first time offender, because they’re responsible for the cost of the DUI punishment. It costs about $2.50 a day, or $75 a month plus a hefty installation fee.  While there are numerous different designs, the typical ignition interlock requires the driver to blow into a tube that measures breath alcohol levels. If a person fails he or she may try again, before the vehicle is locked down.  At random times after the engine has been started, the IID will require another breath sample. The purpose of this is to prevent someone other than the driver from providing a breath sample. If the breath sample isn’t provided, or the sample exceeds the ignition interlock’s preset blood alcohol level, the device will log the event, warn the driver and then start up an alarm (e.g., lights flashing, horn honking) until the ignition is turned off, or a clean breath sample has been provided.  Other versions may also use cameras to record a person’s behavior behind the wheel. Courts may access the data recorded and, in some jurisdictions, a motorist who blew over the limit may face additional penalties.  No one has considered the proportionality of this DUI punishment.

Radley Balko argued in a December 2002 article that MADD’s policies are becoming overbearing. “In fairness, MADD deserves credit for raising awareness of the dangers of driving while intoxicated. It was almost certainly MADD’s dogged efforts to spark public debate that effected the drop in fatalities since 1980, when Candy Lightner founded the group after her daughter was killed by a drunk driver,” Balko wrote. “But MADD is at heart a bureaucracy, a big one. It boasts an annual budget of $45 million, $12 million of which pays for salaries, pensions and benefits. Bureaucracies don’t change easily, even when the problems they were created to address change.”

Attorney 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.”

Find information on DUI punishment on this blog, or check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

Phase Two: The Personal Contact Phase

March 25th, 2014

personal contact phaseAn officer’s decision to arrest for DUI involves three steps: observing the vehicle in motion, observing the driver during a personal contact phase, and administering field sobriety tests.  Evidence is collected at each stage.  If, after conducting all three phases, the officer believes probable cause exists that you are impaired, you will then be arrested.  Probable cause is a flexible, common-sense standard. It merely requires that the facts available to the officer would ‘warrant a man of reasonable caution in the belief,’ Carroll v. United States, 267 U.S. 132, 162 (1925), that you are impaired; it does not demand any showing that such a belief be correct or more likely true than false.  A ‘practical, nontechnical’ probability that incriminating evidence is involved is all that is required. Brinegar v. United States, 338 U.S. 160, 176 (1949).”

To collect evidence during the personal contact phase, an officer is trained to:

  1. observe and interview the driver; and
  2. observe the driver’s exit and walk when the driver is asked to step from the vehicle.

When observing and interviewing the driver, NHTSA  offers the following clues for the officer to observe and record at this point in the stop:

  • ” Sight-bloodshot eyes, soiled clothing, fumbling fingers, alcohol containers, drugs or drug paraphernalia, bruises, bumps or scratches, unusual actions
  • ” Hearing-slurred speech, admission of drinking, inconsistent responses, abusive language, unusual statements
  • ” Smell-alcoholic beverages, marijuana, cover up odors like breath sprays, unusual odors

It is up to you to prevent an over-eager officer from determining that your actions are caused by alcohol impairment and not normal day-to-day activities.  One way to do this is to have your documents in order.  No matter how dexterous, some officers will observe your attempt to withdraw your paperwork as inadequate.  We routinely see reports that say:

  • fumbled for license;
  • was slow and deliberate in looking for insurance;
  • unable to produce license and registration;
  • could not get his/her license from wallet;

While these “personal contact phase” observations may not be determinative of impairment, they go a long way in establishing the officer’s decision to place you under arrest for operating a vehicle impaired.  Here is what you can do during the personal contact phase to avoid an unnecessary arrest.

Here is a common sense tip:  just have your license, insurance information and vehicle registration in a place that makes them easily accessible.  Prior to the officer’s approach, have these items close at hand, so that you can provide them upon request.  If you are arrested, you attorney will make use of the fact that you produced these documents quickly.  Practice taking your license out of your wallet.  If it takes more than five seconds, make it easier to get to.  Put you license and insurance information in an envelope near the drivers compartment.  Officers are understandably concerned about their safety and will get suspicious if you dive toward the glove compartment prior to their vehicle approach.

At the conclusion of the personal contact phase, both you and the officer have a decision to make.  The officer must determine if he or she is going to remove you from the vehicle to take standardized field sobriety tests, and you must determine if you will take the tests.  As DUI attorney Bruce Kapsack quips, “If they ask you to get out of the car, they’ve already made their decision, so why give them more evidence to use against you?”  Taking practical steps to be prepared for an officer hell-bent on arresting people for drunk driving, can save you the embarrassment and expense of a DUI arrest.

Attorney 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.”

Find more about the personal contact phase at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

St. Patrick’s Day OVI Checkpoint In Springfield

March 14th, 2014

OVI checkpointThe Clark County OVI Task Force will be operating an OVI checkpoint in Clark County tonight (March 14, 2014).  The Checkpoint will begin at 8:00 pm and will be located at the 500 block of Upper Valley Pike in Springfield.  The Ohio State Highway Patrol will be conducting multiple OVI Checkpoints in Stark, Tuscarawas, Lake, Wood, Summit, Cuyahoga and Hamilton counties this weekend and during St. Patrick’s Day celebrations on Monday, March 17.

If you want to receive updated information on sobriety checkpoints,  enhanced traffic enforcement, saturation patrols and other important developments that affect you, sign up for text alerts on the main page of this blog.  OVI checkpoint alerts will be sent directly to your mobile device/smartphone in the location you choose in the Miami Valley.  In the past month we have alerted our followers to the State Route 35 traffic initiative and three local sobriety checkpoints.  You should also know that we respect your trust and we will never send you irrelevant information and/or advertisements.  This service is free and available to the general public.

You can also put DaytonDUI on your Android Smart phone via the DaytonDUI app.  The app helps you know your rights and know yourself by providing a drink tally so that you do not overindulge.  You can send safe drinking tips to friends or use the app to find the nearest taxi for a safe trip home.  The app brings you the best of DaytonDUI’s video and audio content and gives you a chance to take pictures and record memories so that you can aid in your own defense.  We provide OVI checkpoint information because our sincere desire is to make our roads a safer place.

St. Patrick’s Day also sees the return of free cab rides; Montgomery County residents can get a free cab ride home.  Just call 449-9999. The program lasts all weekend.

Attorney 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.”

 Find more OVI checkpoint information check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville