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Where Are the Speed Cameras/Red-Light Cameras in Dayton?

April 19th, 2012
Red light photo enforced, DELDOT R10-19-DE.

This blog has documented the outrage caused by Dayton’s adoption of speed and red-light cameras.  Today, in an article by former Montgomery County Common Pleas A.J. Wagner, the Dayton City Paper takes on the red-light and speed cameras.  As we have put forth here, the red-light and speed cameras are an affront to our presumption of innocence and a bald attempt at letting private companies make money by exploiting citizens.  The problems lie in the process.  ”Once caught, a letter is mailed to the vehicle owner.  Violators are given 15 days to appeal, but never see a judge or a courtroom. About the only way to win an appeal is to provide an affidavit from the owner identifying another driver as the real violator. This is not a criminal action, but a civil action with the owner presumed to be guilty. The $85 charge is not a fine but a civil penalty. If the owner fails to pay the penalty within 15 days, a late fee of $25 is added to the toll. If there are two or more citations for a car the City has started to tow the car wherever it is found.”

The article also provides locations for the speed cameras.  Here is a list of electronic cameras ready to take a picture of your car in action on Dayton’s streets if you run a red light or exceed the speed limit.

Smithville Road at Patterson Road:  Red Light Enforced
Smithville Road near Fourth: Speed Enforced
Smithville Road near Marimont: Speed Enforced
Third Street at Edwin C. Moses Boulevard:  Red Light Enforced
Third Street at James H. McGee Boulevard: Red Light Enforced
West Third Street near Hatfield :  Speed Enforced
East Third Street near Clinton: Speed Enforced
Troy Street at Stanley Avenue: Red Light Enforced
Stanley Avenue at Valley Street: Red Light Enforced
Stanley Avenue near Kuntz: Speed Enforced
South Keowee Street near Fourth: Speed Enforced
North Keowee Street near Stanley: Speed Enforced
Gettysburg Avenue at Cornell Drive: Red Light and Speed Enforced
North Gettysburg Avenue near Fairbanks:  Speed Enforced
Main Street at Hillcrest Avenue: Red Light Enforced
US 35 at Abbey Avenue: Red Light and Speed Enforced
Salem Avenue at North Avenue: Red Light Enforced
Salem Avenue at Hillcrest Avenue:  Red Light Enforced
Salem Avenue near Otterbein: Speed Enforced

The question remains as to whether or not the city will be allowed to use these heavy handed tactics or whether citizens will rise up and get politicians who vow to remove the cameras.  Call your Ohio State Representatives, call your State Senators, get involved in Dayton’s City Council and voice your outrage.  The only way to save our rights is to fight for our rights.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro, Huber Heights, Oakwood, Beavercreek, Centerville 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.  Charles M. Rowland II is working hard to be your trusted source for DUI information in the Miami Valley. “All I do is DUI Defense.”

 

 

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Posted in Dayton DUI, Montgomery County, Ohio Traffic Law, Speeding

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“Hiding the Ball” in Ohio DUI Cases

April 16th, 2012

ODH and the Disappearing Intoxilyzer 8000 Records

The Ohio Statehouse in Columbus where the Ohio...

One of the proposed benefits of the adoption of the Intoxilyzer 8000 was to be the consolidation of breath test records in one place.  Previously, breath test records were maintained by the individual police departments.  Implementation and maintenance of the Intoxilyzer 8000 is the responsibility of the Ohio Department of Health and specifically the ODH’s Bureau of Alcohol and Drug Testing.  The Ohio Department of Health has started a web site containing all information about breath tests in the state, called the Breath Instrument Data Center. [HERE]  Records were to be available on-line and subject to review as public records making the entire process of reviewing a case easier.

Problems and allegations of wrongdoing surfaced almost immediately.  When the new machines gave some impossible results (10.00 and 23.00), the records disappeared.  Why?  If defense attorneys could point to outrageous results, the entirety of the breath testing scheme could be brought into question.  No adequate reason for the disappearance of these records has yet been given.  Later the ODH changed what records were accessible to the public. Why?  The Intoxilzyer 8000 was recording an unusually high number of “sample attempts” on tests.  Some of the tests said that over 20 “sample attempts” were made for one subject test.  This anomaly could be used by defense attorneys to show problems with the machine.  Instead of investigating the problem, the ODH decided to hide the report.  Similar problems were presented when ODH called the subject samples “tests.”  Why is this a problem?  If it is a “subject test” then the tests are out of bounds according to the rules written by the Ohio Department of Health.  Again, ODH took the most expedient route by changing the words “subject test” to “subject sample.”

The activity of the Ohio Department of Health, suspect from the beginning of this process, has descended to farce.  People, citizens of our great country, are being convicted of crimes that contain harsh mandatory penalties while the Department of Health arbitrarily changes the rules.  While ODH has not cited a legal basis upon which to premise these capricious changes, Ohio law does speak to the issue.  According to Ohio law records of breath tests “shall be retained for not less than three years.”  Deletion of these records, if they have been deleted forever, may also be a violation of O.R.C. 2921.12 (Tampering With Evidence) which says that no person shall “alter, destroy, conceal or remove any record or document, or thing with purpose to impair its value or availability as evidence in such a proceeding or investigation.”  Would any prosecutor fail to prosecute a criminal defense attorney who purposely deleted evidence of an OVI offense?  Enterprising defense attorneys may also have issues under the Brady discovery rules and Ohio Criminal Rule 16 discovery.  Such activity may also give rise to the affirmative defense of “outrageous governmental conduct.”  These problems will surely find themselves thrown into the laps of judges who must find a way to protect our Constitution from this bungle.  How this is sorted out may well turn into one of the most important judicial issues of our time.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro, Huber Heights, Oakwood, Beavercreek, Centerville 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.  Charles M. Rowland II is working hard to be your trusted source for DUI information in the Miami Valley. “All I do is DUI Defense.”

 

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Arrested for OVI in Vandalia?

April 12th, 2012

Vandalia Municipal Court’s jurisdiction serves approximately 83.5 square miles, which includes the Cities of Vandalia, Englewood, Clayton, Union and the Townships of Harrison and Butler, located in the Montgomery County, Ohio.  The Court is located on the 2nd floor of the Justice Center at 245 James E. Bohanan Memorial Drive, Vandalia, Ohio. The Court operates Monday through Friday, 8:00 a.m. to 4:00 p.m.  The honorable Cynthia M. Heck is the elected judge of the Vandalia Municipal Court and will preside over your case.  You may also appear before the Vandalia Municipal Court Magistrates: Bonnie Beaman Rice and Fred M. Izenson.  Listed below is some very helpful links to the Vandalia Municipal Court.

  • To visit the Vandalia Municipal Court’s useful and informative website, please click HERE.
  • For Court Contact Information visit HERE.
  • Court Rules are located HERE.
  • You can make a payment to the court HERE.
  • Look up Public Records (Case Look-up) HERE.
  • Learn more about the Court’s Probation Department HERE.
  • Access Court Forms HERE.

Charles M. Rowland II has represented clients in the Vandalia Municipal Court for over fifteen (15) years.  He limits his practice to DUI defense and stays on the cutting edge of DUI forensic science and the tactics necessary to defend your case.  If you wish to contact a DUI attorney who can represent you in the Vandalia Municipal Court, CONTACT Vandalia DUI attorney Charles M. Rowland immediately at (937) 318-1DUI [318-1384] or 1-888-ROWLAND [888-769-5263].  You can also connect at www.facebook.com/daytondui or on Twitter @DaytonDUI.  Sign up for text alerts on Dayton DUI topics at this blog or text DaytonDUI (one word) to 50500 for instantaneous contact information.  ”All I do is DUI defense.”

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The Reality of an Ohio DUI Arrest

April 4th, 2012

You are out to dinner with friends and you decide to have a couple of beers.  On the way home you see police lights in your rearview mirror.  The officer approaches and says, “I noticed that your license plate light was not working.”  You remember that the news announced a major “saturation patrol” was taking place and that officers were pulling people over for any conceivable reason.  You tell the officer that you only had a couple of beers.   “Sir, could you please step out of the car.”  The officer puts you through a series of difficult, confusing and humiliating field sobriety tests.  You comply because you honestly know that you could not be impaired.  The officer says that he is going to take you to the station.  Your car is going to be towed and impounded.  You watch as the officer searches through the property in your car. You are under arrest for DUI.

At the station you are told to blow into a breath test machine and are given dire warnings about what would happen should you refuse.  You want to speak to an attorney, but you know that you are not drunk, so you blow.  The officer relays the news that you failed a breath test.  “But that’s not right,” you protest.  You are informed that your “privilege” to drive has been administratively revoked.  What will happen if you cannot drive?  At this point you are placed in a cell with other people who are drunk, angry, disorderly, loud, insane, panting, vomiting or sweating through the first stages of major drug withdrawal.  Who do you call to get out?  How much work will you miss?  Will you get fired?  You need an excellent attorney.

Charles M. Rowland II dedicates his practice to defending the accused drunk driver.  “All I do is DUI defense,” says Rowland.  Credentials?  Charles Rowland was one of the first private attorneys in the nation to be certified on the Intoxilyzer 8000.  National Patent Analytical Systems has certified Charles Rowland in the operation, diagnostic verification and calibration of the BAC DataMaster Breath Alcohol Testing Instrument, the most commonly used breath testing instrument in Ohio for DUI arrests. Rowland has been a DUI prosecutor and has been a special prosecutor in DUI cases.  He has been qualified as an expert witness on evidential breath testing by the United States government and has testified in court martial proceedings.  When the police academy needed a DUI defense attorney for its mock trial class they called Charles Rowland.   He was the first attorney in the United States to earn a Forensic Sobriety Assessment Certificate (FSA) and is Ohio’s only FSA certified attorney.  Charles M. Rowland II attended the NHTSA Field Sobriety Testing training (the same training as law enforcement) wherein he was certified to administer and evaluate the standardized field sobriety tests.  Charles attended the 19th annual Mastering Science in a DUI in New Orleans and stays on the cutting edge of forensic defenses.

Charles M. Rowland II has distinguished himself amongst his peers.  He is past-President of the Greene County Bar Association and a member of the Ohio State, Dayton and Clark County Bar Associations.  He is the winner of the 2004 OSBF Community Service Award for Attorneys under 40 and was a Fellow to the Ohio State Bar Foundation in 2005.  He has co-edited Anderson’s Ohio Civil Practice, has been an adjunct professor for the Wright State University Honors Department and was co-recipient of the 2006 Beavercreek Chamber of Commerce’s Public Education Award.   He has served on the St. Luke Parish Council, the Beavercreek School Board and as President of TCN-BHS, Greene County’s alcohol and drug treatment provider.  If you find yourself accused of a drunken driving offense, you should contact Charles M. Rowland II at (937) 318-1384 [318-1DUI], 1-888-769-5263 [888-ROWLAND] or by texting DaytonDUI (one word) to 50500.  You can also get great information about Ohio’s tough drunk driving laws at www.DaytonDUI.com or on the Ohio DUI/OVI Blog at www.DaytonDUI.com/blog.  Charles Rowland says, “All I do is DUI defense.”

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DUI and Ohio Boating Laws

March 29th, 2012

Boating Season Is Approaching Which Means Increased Watercraft Patrols.

Bass boat, aluminum, center console, on trailer

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.  

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.

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Posted in DUI & Boating

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