Posts Tagged ‘drunk driving attorney’

Vandalia Drunk Driving Attorney Charles M. Rowland II

April 29th, 2014

Vandalia drunk driving attorney Charles M. Rowland II regularly appears in the Vandalia Municipal Court representing the accused drunk driver.  He has established both www.VandaliaDUI.com and www.VandaliaOVI.com to help you access court services and learn about services provided.  Access to the court concerns cases arising anywhere in Xenia, Bellbrook, Spring Valley or Jamestown.

Vandalia Drunk Driving AttorneyVandalia 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 Vandalia’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 us 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 us on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog.  You can emailCharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

Find Vandalia drunk driving attorney Info and other city-specific info at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

 

Drunk Driving Defense: Sleep Deprivation

April 28th, 2014

drunk driving defenseDrunk Driving Defense or Sleep Deprivation?

Imagine that you come across a person who acts confused, their appearance is disheveled, their eyes are bloodshot and they have an odor of alcohol on their breath.  Are they drunk?

What I just described is a person who worked for 17 straight hours at a physically and mentally taxing job.  Instead of going home, he stopped by a co-worker’s party, had one beer and then proceeded home.  He was stopped a police officer and arrested for drunk driving.

A chronic sleep-restricted state can cause fatigue, daytime sleepiness, clumsiness and weight loss or weight gain  It adversely affects the brain and cognitive function.  A 2000 study, by the UCSD School of Medicine and the Veterans Affairs Healthcare System in San Diego, used functional magnetic resonance imaging (fMRI) technology to monitor activity in the brains of sleep-deprived subjects performing simple verbal learning tasks.  The study showed that regions of the brain’s prefrontal cortex, an area that supports mental faculties such as working memory and logical and practical (“means-ends”) reasoning, displayed more activity in sleepier subjects. Researchers interpreted this result as indicating that the brain of the average sleep-deprived subject had to work harder than that of the average non-sleep-deprived subject to accomplish a given task, and from this indication they inferred the conclusion the brains of sleep-deprived subjects were attempting to compensate for adverse effects caused by sleep deprivation.  This can easily be mistaken for impaired/drunk driving. 

Attorneys will tell you that more innocent people are charged with drunk driving than any other charge.  Why? Because all that is required to sustain the charge is an officer’s opinion that you are impaired.  Sometimes the results are tragic. John Abbott, 45, says he was tossed in a Houston jail after cops spotted him sleeping in his truck outside a hotel in November 2012, according to a lawsuit filed this week. But once he was in the clink, a pack of jail workers allegedly pummeled him and stole his $160.Read more: http://www.nydailynews.com/news/crime/texas-man-beaten-robbed-authorities-city-jail-lawsuit-article-1.1743133#ixzz2zTqBAKcs

If you find yourself charged with a DUI (now called OVI), please call me.

Drunk Driving Defense attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio during prom season and beyond.  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 Drunk Driving Defense check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

OVI Checkpoints in Springdale, Hamilton and Cincinnati Tonight.

April 25th, 2014

ovi checkpointsThere are three OVI checkpoints planned for Ohioans in the City of Hamilton, Cincinnati and Springdale.

Springdale: A checkpoint will be held in the 11700 block of Springfield Pike. Operations will begin at 11:30 p.m. Friday and end at 3 a.m. Saturday morning.

Cincinnati: A checkpoint will be held in the 2000 block of Harrison Avenue. The checkpoint will begin at 9 p.m. Friday and end at 1 a.m. Saturday.

City of Hamilton: The checkpoint will be held on State Route 129 from 10 p.m. until 2 a.m.

If you want to receive updated information on OVI 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.  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 info about OVI checkpoints because it is our sincere desire is to make our roads a safer place.

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 OVI checkpoints at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

Fourth Amendment Drunk Driving Case Decided By SCOTUS

April 23rd, 2014

The Supreme Court handed down an opinion in a Fourth Amendment drunk driving case yesterday in Navarette v. California, No. 12-9490 (Apr 22, 2104) (available here). Writing for the divided Court, here is how Justice Thomas’s opinion begins and ends:

After a 911 caller reported that a vehicle had run her off the road, a police officer located the vehicle she identified during the call and executed a traffic stop. We hold that the stop complied with the Fourth Amendment because, under the totality of the circumstances, the officer had reasonable suspicion that the driver was intoxicated….

Like White, this is a “close case.” 496 U. S., at 332. As in that case, the indicia of the 911 caller’s reliability here are stronger than those in J. L., where we held that a bare-bones tip was unreliable. 529 U. S., at 271. Although the indicia present here are different from those we found sufficient in White, there is more than one way to demonstrate “a particularized and objective basis for suspecting the particular person stopped of criminal activity.” Cortez, 449 U. S., at 417–418. Under the totality of the circumstances, we find the indicia of reliability in this case sufficient to provide the officer with reasonable suspicion that the driver of the reported vehicle had run another vehicle off the road. That made it reasonable under the circumstances for the officer to execute a traffic stop. We accordingly affirm.

Justice Scalia authored a dissenting opinion, which was joined by Justices Ginsburg, Sotomayor and Kagan. Here is how it begins and ends:

The California Court of Appeal in this case relied on jurisprudence from the California Supreme Court (adopted as well by other courts) to the effect that “an anonymous and uncorroborated tip regarding a possibly intoxicated highway driver” provides without more the reasonable suspicion necessary to justify a stop…. Today’s opinion does not explicitly adopt such a departure from our normal Fourth Amendment requirement that anonymous tips must be corroborated; it purports to adhere to our prior cases, such as Florida v. J.L., 529 U. S. 266 (2000), and Alabama v. White, 496 U.S. 325 (1990). Be not deceived.

Law enforcement agencies follow closely our judgments on matters such as this, and they will identify at once our new rule: So long as the caller identifies where the car is, anonymous claims of a single instance of possibly careless or reckless driving, called in to 911, will support a traffic stop. This is not my concept, and I am sure would not be the Framers’, of a people secure from unreasonable searches and seizures. I would reverse the judgment of the Court of Appeal of California….

The Court’s opinion serves up a freedom-destroying cocktail consisting of two parts patent falsity: (1) that anonymous 911 reports of traffic violations are reliable so long as they correctly identify a car and its location, and (2) that a single instance of careless or reckless driving necessarily supports a reasonable suspicion of drunkenness. All the malevolent 911 caller need do is assert a traffic violation, and the targeted car will be stopped, forcibly if necessary, by the police. If the driver turns out not to be drunk (which will almost always be the case), the caller need fear no consequences, even if 911 knows his identity. After all, he never alleged drunkenness, but merely called in a traffic violation—and on that point his word is as good as his victim’s.

Drunk driving is a serious matter, but so is the loss of our freedom to come and go as we please without police interference. To prevent and detect murder we do not allow searches without probable cause or targeted Terry stops without reasonable suspicion. We should not do so for drunken driving either. After today’s opinion all of us on the road, and not just drug dealers, are at risk of having our freedom of movement curtailed on suspicion of drunkenness, based upon a phone tip, true or false, of single instance of careless driving. I respectfully dissent.

Wow! This is very strong language about how far we have slid in the name of DUI enforcement and a clear sign that at least four justices of the United States Supreme Court are ready to stem the tide.

drunk drivingDayton 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 drunk driving defense check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

 

No Miranda Rights for DUI Cases?

July 24th, 2013

The United States Supreme Court.

There was a time when the Miranda Rights were not extended to drunk driving cases.

In State v. Pyle, 19 Ohio St. 2d 64, 48 Ohio Op. 2d 82, 249 N.E.2d 826 (1969) the Ohio Supreme Court reasoned that the rights guaranteed under the Supreme Court decision in Miranda v. Arizona did not apply to misdemeanor cases (like DUI).  The ostensible reason for this distinction was that the level of interrogation in a misdemeanor case is less intrusive and coercive than the rigorous interrogation in a felony case.  The United States Supreme Court disagreed.

The holding in Berkemer v. McCarty, 468 U.S. 420, 104 S.Ct. 3138, 82 L.Ed. 2d 317 (1984) expressly denounced the line of reasoning upholding State v. Pyle and extended Miranda protections to misdemeanor cases.  This was made a part of Ohio law in State v. Buchholz, 11 Ohio St. 3d 24, 462 N.E.2d 1222 (1984). Thus, Miranda protections were clearly extended to all misdemeanors in Ohio, including OVI cases.  If you need an attorney who will protect ALL of your rights including the protections provided by Miranda, please contact Charles M. Rowland II.

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.  Immediate help is available by filling out this CONTACT form.  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.