Tag: driving privileges

An Overview Of The OVI Process From Beginning To End

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In this video, we walk you through the typical OVI process.


Following an OVI arrest, you will attend your ARRAIGNMENT. This hearing is designed to allow you to enter a plea. No doubt, you will have considered getting an attorney. We offer a free consultation. Furthermore, I make myself available immediately. If you have an attorney at this point, you may not have to attend this hearing. If you hire me, we file paperwork with the court. This paperwork will tell the court you have an attorney. In addition, we file other important papers to protect your rights.  One of the documents we file is a request for a pre-trial.

After your arraignment, we will take steps to get your DRIVING PRIVILEGES back. Often, not being able to drive is the worst part of the OVI process. After the passage of a number of days, you will be granted privileges to drive. Most of our clients say that getting back to driving is like getting their life back.  Depending on the court, you may wait a few weeks to a couple of months to attend your pre-trial.


Plea bargaining, plea negotiation, PRE-TRIAL – they are all the same thing. Your attorney will go into a room and meet with the prosecuting attorney. The prosecutor represents the government. Most of the time, you will not be in the room. It is very uncommon for the arresting police officer to attend a pre-trial.  The result of the pre-trial is an OFFER.  You and your attorney will discuss what the offer means and whether or not you should accept the government’s resolution.  This is the most important decision you will make in your case.


If the offer is not acceptable, you will file a MOTION TO SUPPRESS. At the motion, you will have a full hearing in front of the judge. The prosecutor will call the arresting officer to testify. Your attorney will have the opportunity to challenge the officer’s observations. If a chemical (breath) test was conducted, your attorney will challenge the test. You will not testify. Instead, your attorney may call an expert. All of these matters should be thoroughly discussed with your attorney prior to the hearing.


If the motion to suppress is not successful, you will have your case proceed to TRIAL.  Trials are very uncommon. Only two to five percent of all cases go to trial.  At this point it is important to have an attorney who has the experience and resources to try your case. It is important to stand up for your rights. I represent many people for OVI, but your case is the only one you will likely ever have. Therefore, it is important that you talk with me. An open line of communication is essential. Finally, know that we are a team but you are in charge.

If you need an OVI attorney, please give me a call at (937) 318-1384 or 888-ROWLAND. “All I do is DUI defense.”

OVI process

Xenia Municipal Court Case Lookup

Xenia DUI? Contact Charles Rowland at (937) 318-1384

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Xenia DUI? Call Charles M. Rowland II

xenia duiIf you are facing a Xenia DUI (drunk driving) charge in the Xenia Municipal Court, you can apply for driving privileges using their on-line form. The Clerks have been instructed by Judge Michael K. Murry to reject applications for driving privileges unless the driving privileges comply with the following requirements:

1.  The request must be completely legible.

2.  The name, address, and telephone number of the applicant’s supervisor is evident on the application.

3.  If the applicant is requesting driving privileges during working hours, then an explanation of why the applicant needs to have driving privileges during the workday is necessary (i.e., deliver pizzas, make sales calls etc.)

Xenia DUI Driving Privileges

For many, the worst part of a Xenia DUI arrest is losing the right to drive.  During our initial consultation, we will discuss when you will be able to drive again. Furthermore, we also help you by giving you an application and helping you fill it out. It is a big deal!

Request must be specific. The applicant must explain: where he or she needs to travel, the reason he or she needs to travel to that location, as well as the specific time of travel.  If the request is complicated, and especially if the request involves different travel requests for different days, then it is recommended that the applicant include a daily schedule on the back of the application. The daily schedule should include the days, hours, and destinations where the applicant would be driving. A written explanation of the schedule should be on the front of the application. The clerks at the Xenia Municipal Court can help with your request.  Therefore, it is always better to come prepared.

No more than 50 hours per week and no more than 5 days per week will be granted as a result of the court rules. In addition, proof of insurance must be included with the application. Any application that a Clerk believes does not comply with the above-mentioned rules will not be accepted. Click here for a printable version.

Xenia OVI Attorney Charles M. Rowland II would love to help you with your Xenia OVI case because he is the best choice. He also offers a free consultation.


Contact Charles M. Rowland II at (937) 318-1384. Charlie is a former Xenia City Prosecutor and has regularly appeared in the Xenia Municipal Court since 1995.  You should visit XeniaDUI.com or XeniaOVI.com for more information.


OVI checkpoint

How Does Ohio Spend Federal Grant Money On OVI?

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Earlier this week I gave you a breakdown of the grant money received by Ohio in fiscal year 2015 from various federal grant programs. As you will recall the total was a whopping $18,020,292.  Of that money, $5,028,774 was received by Ohio in FY 2015 to fight OVI. This post will focus on the Section 405(d) grants that are specifically targeting impaired drivers.

Under the federal program (SAFETEA-LU), Ohio was eligible for this grant in one of two ways: More info


The Vandalia Municipal Court License Intervention Program

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As a Vandalia OVI attorney, we are often confronted with the reality that current law makes managing your Ohio operator’s license a mess.  We spend a great deal of time and effort fixing any issues that you may have had in the past and get you driving privileges.

Luckily, the Vandalia Municipal Court offers a License Intervention Program that is accessible to all.  The License Intervention Program (LIP) is managed through the Probation Department.  This program assists individuals in obtaining a valid Ohio operator’s license or driving privileges.  The individual must meet the criteria as set by the Court.

You can reach the Vandalia Municipal Court Probation Department at (937) 415-2228, or the Probation Office Fax at (937) 415-2367.  The Probation Department is located on the second floor of the Vandalia Justice Center, 245 James E. Bohanan Memorial Drive, P.O. Box 429, Vandalia, OH 45377-2393.

If you need a Vandalia DUI attorney to help with a DUI charge, please contact Charles M. Rowland II at (937) 318-1384 or visit www.VandaliaDUI.com.

Driving Is A Right Not A Privilege

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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 only capable of being maintained with a valid driver’s license, the Court should require a more rigorous standard before depriving someone of this basic right. The right to drive is a fundamental right that is deeply rooted in American history and tradition. Why is it important to establish driving as a fundamental right? Where the right is not a fundamental right, the court applies a rational basis test: if the violation of the right can be rationally related to a legitimate government purpose, then the law is held valid. If the court establishes that the right being violated is a fundamental right, it applies strict scrutiny. Strict scrutiny asks whether the law is justified by a compelling state interest, and whether the law is narrowly tailored to address the state interest.

I base this claim on cases decided in the United States Supreme Court.  DUI case law analysis at the United States Supreme Court provides that driving is not “just” a privilege as alleged and assumed by most Ohioans. You may have heard the expression that a driver’s license is “a privilege — not a right”, and thus there were few effective remedies available to a driver who wished to contest a suspension. The U.S. Supreme Court changed that in Bell v. Burson, 402 U.S. 535 (1971), recognizing that a license’s “continued possession may become essential in the pursuit of a livelihood”. Because of their value, then, they “are not to be taken away without that procedural due process required by the Fourteenth Amendment”. The Court premised its opinion on the Fifth and Fourteenth Amendments protections that neither the State or Federal government can deprive a person of life, liberty or property without due process of law. Without this decision it is likely that the police would confiscate your license without any recourse in or appeal. See also, Mackey v. Montrym (1979) 443 U.S. 1, involving a license suspension for refusing to submit to a DUI breath test.  But they need to go further.

To understand why driving is a right in light of DUI case law, it is important to understand how the United States Supreme Court analyzes due process issues.  “The Supreme Court has identified two distinct categories of fundamental liberties. The first category includes most of the liberties expressly enumerated in the Bill of Rights. Through a process known as “selective incorporation,” the Supreme Court has interpreted the Due Process Clause of the Fourteenth Amendment to bar states from denying their residents the most important freedoms guaranteed in the first ten amendments to the federal Constitution. Only the Second Amendment right to bear arms, the Third Amendment right against involuntary quartering of soldiers, and the Fifth Amendment right to be indicted by a grand jury have not been made applicable to the states. Because these rights remain inapplicable to state governments, the Supreme Court is said to have “selectively incorporated” the Bill of Rights into the Due Process Clause.

The second category of fundamental liberties includes those liberties that are not expressly enumerated in the Bill of Rights but which are nonetheless deemed essential to the concepts of freedom and equality in a democratic society. These unenumerated liberties are derived from Supreme Court precedents, common law, moral philosophy, and deeply rooted traditions of U.S. Legal History. The word liberty cannot be defined by a definitive list of rights, the Supreme Court has stressed. Instead, it must be viewed as a rational continuum of freedom through which every facet of human behavior is safeguarded from Arbitrary impositions and purposeless restraints. In this light, the Supreme Court has observed, the Due Process Clause protects abstract liberty interests, including the right to personal autonomy, bodily integrity, self-dignity, and self-determination. Id.  Let’s get driving, freedom of movement and freedom of assembly to be included as a fundamental liberty.

Attorney Charles M. Rowland II believes that driving is a right and 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 help make sure driving is a right call me or check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburg, Huber HeightsOakwoodBeavercreekCenterville