Tag: Driving under the influence

Happy Labor Day from Charles Rowland and DaytonDUI

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Happy Labor DayHappy Labor Day My father started out in the Brotherhood of Railroad Trainmen which became the United Transportation Union.  My Mom was a proud member of the American Federation of State, County and Municipal Employees (AFSCME).   Without the good wages and benefits provided by their shared sacrifice, I could never have gone to college.  Charles M. Rowland II salutes America’s hard-working men and women and join in our shared hopes that all who seek work can find a meaningful way to build the American Dream.

Happy Labor Day!

Dayton DUI Wishes You a Happy Memorial Day Holiday

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“Poor is the country that has no heroes.  But beggared is the people who having them forgets.”

-Col. Wm. A. Jones III, Medal of Honor Recipient-

As you pause to remember those who have died in our nation’s service, have a safe and relaxing Memorial Day Weekend.  If you find yourself in need of representation resulting from a DUI arrest, contact Charles M. Rowland II at 937-318-1DUI (318-1384) or 1-888-ROWLAND (888-769-5263).

Urine Testing: No Privacy For You!

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urine testingThe rules for urine testing in Ohio are set forth at Ohio Administrative Code 3701-53-05 & 3701-53-06.  At O.A.C. 3701-53-05, it is clearly stated that a urine test must be witnessed.  It states at subsection (D),

(D) The collection of a urine specimen must be witnessed to assure that the sample can be authenticated. Urine shall be deposited into a clean glass or plastic screw top container which shall be capped, or collected according to the laboratory protocol as written in the laboratory procedure manual.

In urine testing cases, the state has the burden to prove substantial compliance with the regulations upon a defendant’s motion to suppress results of urine-alcohol tests.  State v. Mayl, 106 Ohio St.3d 207, 2005-Ohio-4629, 833 N.E.2d 1216, paragraph one of the syllabus.  “The defendant must first challenge the validity of the alcohol test by way of a pretrial motion to suppress;  failure to file such a motion ‘waives the requirement on the state to lay a foundation for the admissibility of the test results.’  State v. French (1995), 72 Ohio St.3d 446, 451, 650 N.E.2d 887.   After a defendant challenges the validity of test results in a pretrial motion, the state has the burden to show that the test was administered in substantial compliance with the regulations prescribed by the Director of Health.   Once the state has satisfied this burden and created a presumption of admissibility, the burden then shifts to the defendant to rebut that presumption by demonstrating that he was prejudiced by anything less than strict compliance.  * * * Hence, evidence of prejudice is relevant only after the state demonstrates substantial compliance with the applicable regulation.”  (Emphasis added.)  Burnside, 100 Ohio St.3d 152, 2003-Ohio-5372, 797 N.E.2d 71, ¶ 24.

While Crim.R. 47 requires a defendant to state his grounds for a motion to suppress “with particularity,” the state waives this issue if it is not raised in opposition to a defendant’s motion to suppress.  State v. Mayl, 154 Ohio App.3d 717, 2003-Ohio-5097, 798 N.E.2d 1101, ¶ 22.

So the moral of the story is one that has been repeated on this page many times.  Communicate, communicate, communicate! Spend time telling your attorney about all aspects of a urine testing case, because what may seem like an insignificant or embarrassing detail, may help you win your case.  It is also important that you trust your case with an attorney who has the experience necessary to help you win your case.

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.  Email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

For more information on urine testing cases check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburg,Huber HeightsOakwoodBeavercreekCenterville

OVI Trial Practice: Admission of the Alcohol Influence Report

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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 document as evidence to review in the jury room would be prejudicial to an OVI defense.

Evidence Rule 803(8) excludes the alcohol influence report from evidence.  It states, in pertinent part:

RULES OF EVIDENCE

(8) Public records and reports. Records, reports, statements, or data compilations, in any form, of public offices or agencies, setting forth (a) the activities of the office or agency, or (b) matters observed pursuant to duty imposed by law as to which matters there was a duty to report, excluding, however, in criminal cases matters observed by police officers and other law enforcement personnel, unless offered by defendant, unless the sources of information or other circumstances indicate lack of trustworthiness.

Some courts have found that admissions of the forms is reversible error. State v. Joyce, 1998 WL 315913 (Ohio Ct. App. 1st Dist. Hamilton County 1998); State v. Weaver, 1985 WL 4343 (Ohio Ct. App. 10th Dist. Franklin County 1985); State v. Nightwine, 1982 WL 6042 (Ohio Ct. App. 12th Dist. Preble County 1982).  See also Ohio DUI Law, Weiler & Weiler  2013-2014 ed. at 439.

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 the alcohol influence report check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburg, Huber HeightsOakwoodBeavercreekCenterville, Alcohol Influence Report 

Kettering DUI Attorney Charles M. Rowland II

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Kettering DUIKettering DUI Attorney?

If you have been arrested for OVI in Kettering, Centerville, Moraine or Washington Township, your misdemeanor Kettering OVI case will be heard in the Kettering Municipal Court.  If you need to find information about a case in the Kettering Municipal Court you can searchHERE for case information/case look-up,  or visit the court’s web site HERE. Charles M. Rowland II has represented the accused drunk driver in the Kettering Municipal Court for over fifteen years.  Charles Rowland dedicates his practice to OVI law and has some of the most impressive credentials for OVI attorneys in the state of Ohio.  If you find yourself in need of criminal representation in the Kettering Municipal Court, contact DUI Attorney Charles M. Rowland II today! Kettering DUI AttorneyYou can reach Kettering DUI attorney Charles Rowland at 937-318-1DUI (318-1384), 1-888-ROWLAND (888-769-5263), or 24/7 on the after-hours DUI Hotline at 937-776-2671, by texting DaytonDUI (one word) to 50500 or by visiting www.DaytonDUI.com,www.KetteringDUI.com or www.CentervilleDUI.com.