Posts Tagged ‘drunk driving attorney’

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.

5th District Upholds Sobriety Checkpoint (by DaytonDUI)

September 13th, 2012

In the recent case of State v. Park, 2012-Ohio-4069, the 5th District Court of Appeals sided with troopers in their administration of a sobriety checkpoint.  The Court found against Defendant’s Karen Parks claim that she was wrongfully stopped at a Licking County sobriety checkpoint because the troopers lacked reasonable suspicion of criminal activity and did not properly administer the stop.  The Defendant alleged that the troopers adjusted how many vehicles they stopped depending on the traffic in violation of their posted procedures.  “Based upon the high volume of traffic, the troopers stopped every third vehicle, but when the traffic decreased, they stopped every vehicle.”  “The Ohio State Highway Patrol procedures do not dictate the frequency of vehicles to be stopped.”

On appeal to the 5th District, Park contended that the trial court erred in denying her motion to suppress because the sobriety checkpoint was unconstitutionally administered. Park claimed that the troopers improperly changed the pattern of stopping vehicles and did not have reasonable suspicion of criminal activity to stop her.

The Appellate Court determined that a sobriety checkpoint was not unconstitutional.  “Upon review, we find sufficient facts were presented to establish a lawful order to stop, and find no manifest miscarriage of justice,” 5th District Judge Sheila Farmer wrote for the court.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, SpringfieldKetteringVandaliaXeniaMiamisburgHuber HeightsBeavercreekCentervilleSpringboro, Franklin 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 Twitterupdates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook,www.facebook.com/daytondui 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.