Posts Tagged ‘drunk driving defense’

Ohio DUI Attorney: Is It A Just World?

April 10th, 2014

ohio dui attorneyAs an Ohio DUI attorney, I often observe a bias that people carry toward those accused of drunk driving.  Psychologists call this phenomena the “Just World Hypothesis.”

The belief that people get what they deserve and deserve what they get, which was first theorized by Melvin Lerner in 1977.  Lerner, M.J. & Miller, D.T. (1977). Just-world research and the attribution process: Looking back and ahead. Psychological Bulletin85, 1030-1051.  Attributing failures to dispositional causes rather than situational causes, which are unchangeable and uncontrollable, satisfies our need to believe that the world is fair and we have control over our life. We are motivated to see a just world because this reduces our perceived threats,Burger, J.M. (1981). Motivational biases in the attribution of responsibility for an accident: A meta-analysis of the defensive-attribution hypothesis. Psychological Bulletin90, 496-512, Walster, E. (1966). Assignment of responsibility for an accident. Journal of Personality and Social31, 73-79, gives us a sense of security, helps us find meaning in difficult and unsettling circumstances, and benefits us psychologically.  Gilbert, D.T., & Malone, P.S. (1995).The correspondence bias. Psychological Bulletin117, 21–38.

Unfortunately, the just-world hypothesis also results in a tendency for people to blame and disparage victims of a tragedy or an accident, such as victims of rape (See Abrams, D., Viki, G.T., Masser, B., & Bohner, G. (2003). Perceptions of stranger and acquaintance rape: The role of benevolent and hostile sexism in victim blame and rape proclivity. Journal of Personality and Social Psychology84, 111-125;Bell, S.T., Kuriloff, P.J., & Lottes, I. (1994). Understanding attributions of blame in stranger-rape and date-rape situations: An examinations of gender, race, identification, and students’ social perceptions of rape victims. Journal of Applied Social Psychology24, 1719-1734) and domestic abuse (See Summers, G., & Feldman, N.S. (1984).Blaming the victim versus blaming the perpetrator: An attributional analysis of spouse abuse.Journal of Applied Social and Clinical Psychology2, 339-347) to reassure themselves of their insusceptibility to such events. People may even go to such extremes as the victim’s faults in “past life” to pursue justification for their bad outcome.(Woogler, R.J. (1988). Other lives, other selves: A Jungian psychotherapist discovers past lives. New York: Bantam.)

The just world phenomena is observed in DUI trials as a bias that can cause a jury to overlook the evidence and blame the accused driver for putting himself or herself in a position where an officer could arrest them.  When you combine this inherent bias with a society that stigmatizes drinking drivers (Friends Don’t Let Friends Drive Drunk, Drive Sober or Get Pulled Over), you are left with a turbulent trial scenario for your attorney to face.  An experienced Ohio DUI attorney will make allowances for the juries unknown bias by addressing it in the void dire and in a closing argument.  Often, simply addressing the bias is enough of an inoculation to allow the jurors to focus on the evidence.

Ohio DUI 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 information on Ohio DUI attorney Charles M. Rowland II on this blog, or check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

 

 

Who Is The Best DUI Attorney?

January 28th, 2014

best dui attorneyAre you the best DUI attorney?

Often a prospective client will ask if I am the “best DUI attorney.”  I always answer this question by saying that I am a damn good DUI attorney, but you should investigate me to determine if I am the best DUI attorney for you.  The most important decision you will make in your case is determining who will represent you.  Here are some things to help you find the best DUI attorney.

How Much Of Your Practice Is Dedicated To DUI Defense?  

DUI defense is a complex area of law involving forensic science, specialized knowledge and litigation techniques specific to DUI.  Successful practitioners will have access to information, arguments, experts and materials that come from being exposed to multiple DUI cases.  DUI attorneys will have blogs, websites, materials, scientific studies, and books specific to the field.  Ask your potential attorney what DUI-specific organizations he belongs to, what legal education conferences he has spoken at or attended. Ask your potential attorney to hand you his or her copy of the NHTSA Student Manual that he will use in court.  Does the attorney have one?  Is it up to date?  Thanks to the internet you can find out all you need to know by looking at other sites that the attorney is featured on.  On www.AVVO.com, attorney profiles have a breakdown of the lawyer’s practice areas that are self-reported by the attorney.  Your search for the best DUI attorney should start with a determination if the attorney does, in fact, practice in the area for which you are seeking representation.

I limit my practice to DUI defense.  100% of my time and energy is devoted to representing the accused drunk driver. 

What Are Your DUI Credentials?

Your search for the best DUI attorney should include a discussion of the attorney’s credentials. Credentials are earned through hard work and dedication to the cause of drunk driving defense.  Often, DUI attorneys receive specialized training and certification on the breath testing machines in their jurisdictions.  These certifications are invaluable in understanding how a machine could malfunction or give a falsely high reading.  Dedicated DUI counsel can also receive specialized training in the Standardized Field Sobriety Testing by becoming certified to administer and evaluate the field tests.  Having worked both sides of the DUI issue can also be an important credential.  Has the attorney ever worked as a prosecuting attorney?  Has the attorney ever prosecuted a DUI case?  Has the attorney ever lectured or written on DUI topics for journals, newspapers or bar associations?  The truth is that the internet has many directories or referral services where an attorney can be listed as a “DUI” attorney with little or no DUI experience whatsoever.  Yellow page advertisements, which often have DUI listed among many other practice areas, can also be misleading as to DUI credentials.  It is up to you to dig deeper and demand that the attorney demonstrate a depth of knowledge in DUI defense.

See the “About Me” section above to learn about my DUI credentials.  I am very proud of my credentials.  I believe myself to be amongst the most qualified and credentialed DUI attorneys in the country.  What is more, I am constantly trying to learn and improve.  You deserve nothing less.

Are You Experienced? Have You Ever Been Experience? Well, I Have

There is no substitute for experience. You should be confident in the knowledge that you have hired someone who has real experience defending DUI cases.  Ask the following and, if you don’t get straight answers, get up and leave: Have you ever tried a DUI case to a jury?  Have you ever tried a felony DUI case?  Have you ever tried a “test” case (a case where the person blew into a breath machine)?  Have you ever tried a “refusal” case (a case where the person refused to blow into a breath test machine)?  Have you ever tried a DUI case in federal court?   Have you ever argued cases involving dentures?  Have you ever argued a case involving AMBIEN sleep medication?  Have you ever represented Doctors? Dentists? Pilots? Paramedics? Athletes? Cops? Other Lawyers? Military Personnel?  How many DUI Motions to Suppress have you done?  Have you ever done a motion or trial in the court where I will appear?

I can answer “YES” to each of these questions.  In addition to my lectures and writings on DUI topics I have testified as an expert witness on evidential breath testing for the United States government.  I am also proud to be the DUI defense attorney brought in to cross-exam police cadets at the Greene County Police Academy mock trial.

Will You Be Representing Me?

If you meet with a highly qualified, experienced and credentialed DUI attorney, make sure that he or she will be the attorney representing you at each stage of the case.  If the attorney says that his firm uses a “team approach” this may  be a way of saying that you will be shuffled off to an associate once you have paid.  Another evasion is for the attorney to say, “all of our attorneys are involved in your case.”  If you hire Michael Jordan make sure you don’t get someone who attended the Michael Jordan basketball camp.  Your case is the most important case in the world to you! You are not a commodity to be managed, but a client to receive the best the attorney has to offer.  When you decide that found the best DUI attorney, make sure that he or she will be the one doing the work.   

At Babb & Rowland, I am the only attorney who handles drunk driving cases.  Barring an emergency I will be at every court appearance and I will be the person providing you information at every stage of your case.

What Do Other People Think Of You?

The legal profession requires a high degree of collaboration and cooperation with others in the legal community.  Often, successful attorneys will be an active member of their local or state bar associations.  Like jury trials, serving on boards, taking on leadership positions and having valuable “real-life” experiences demonstrate that the attorney has the ability to represent your interest.  You can also see your attorney’s rankings and endorsements on www.AVVO.com.  Use this information to inform your opinion.  Also, be sure to meet with the attorney face to face.  There is nothing like sitting down and having a conversation with someone to learn about that person.  Trust your instincts!  If something about the attorney seems off-putting in his office, imagine how nervous you will be when that attorney goes into a room to talk about your life without you there.  The DUI experience is traumatic and you are very vulnerable, so consider bringing someone you trust to interview the attorney with you.

At DaytonDUI we have developed a vibrant online community at www.Facebook.com/daytondui.  Join me to get an idea about my personality and my passion for my clients.  You can also refer to the About Me section of this blog to see that I have a long history of serving the bar, serving in leadership positions and volunteering my time to help others. 

Who Do You Work With?

DUI attorneys often rely on expert witnesses in defending cases, so being the best DUI attorney will mean using the best experts. Experts can prove vital to raising defenses to chemical tests and challenging the officer’s interpretations at the scene.  Experts can include optometrists, accident reconstruction experts, psychologists, private investigators, forensic toxicologists, doctors and forensic scientists.  Experienced DUI counsel will have worked with top-of-the-line experts in court and will know how to use them to your advantage.  Another benefit of hiring experienced counsel rests in knowing when not to rely upon an expert.  Ask for names, and case references and don’t be afraid to demand an interview with the expert prior to hiring them.  Remember the attorney works for you – you don’t work for the attorney.  In my career I have been fortunate enough to work with some truly great experts.  Most often I have relied on experts in the field of forensic toxicology to challenge the evidential chemical tests and I have relied upon former law enforcement officers to challenge the officer’s observations and administration of the standardized field sobriety tests.

I regularly attend the Mastering Science in DUI Seminar through the National College for DUI Defense.  At these seminars I am able to stay on the cutting edge of DUI defense and meet the best expert witnesses in the world. 

How Do You Get Paid And What Do You Cost?

My father always said, “If you know how somebody gets paid you’ll never get ripped off.”  Here are some common-sense questions to determine what you will be charged for:

  • Will you be charged a flat fee or will you pay a retainer fee and have an open-ended bill?
  • Will your attorney be incentivized to keep the case going on longer?
  • Will your attorney be incentivized to take any plea just to end the case?
  • Will you be charged copy fees, filing fees, paralegal fees, or any other fees on top of your bill?
  • Will you be billed monthly, weekly or all at once?
  • Does the fee include the costs of a trial?
  • Does the fee include the costs of an appeal?
  • Does the fee include representation on case-related issues after the case is over (driver’s license issues)?

If the attorney won’t give straight answers to these questions be prepared to leave without hiring that attorney.  If you are shopping based on price alone, you probably won’t hire someone like me.  I am not “cheap” and I don’t want to be.  In my opinion, hiring an attorney based solely on price is as senseless as representing yourself.  Do not expect answers to fee questions over the telephone.  I cannot give you a realistic price unless I know all the information about you and your case.  It is inconceivable to me that a dedicated and ethical attorney could, or would, quote a fee without a thorough investigation of your case.  Asking for a quote over the phone is like asking the question, “what will I pay for a used car?”

So, Are You The Best DUI Attorney? 

This entire post has been giving you ways to determine who is the best DUI attorney for you.  I hope that I have been successful in putting you in a position to decide.  Here are some more common sense points to consider. Do not hire an attorney that promises outcomes or implies that they are the only lawyer who could handle your case.  You know better!  Never hire an attorney who puts down judges, prosecutors or other attorneys.  Confidence is an essential commodity in an attorney, but all that ethical counsel can promise is their best effort at defending you.  Some lawyers, through hard work, may be in a better position to recognize issues in your DUI case.   No lawyer will win all their cases, but you can’t win issues you don’t know exist.  Hire the person who is best situated to be your guide. As the old cowboys used to say, “he’ll do to ride the river with.”  Like all relationships, you will know when it is right. Rely on your judgment and experience and trust your instincts.  You will know whether or not you have found the best DUI attorney. 

Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio and protecting you.  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 emailCharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

Ohio DUI law information and other city-specific info at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

Limited Driving Privileges Under Ohio Revised Code 4510.021

December 26th, 2013

limited driving privilegesQ. Can I get limited driving privileges during the pendency of my OVI case?

A court may grant limited driving privileges to a person who has had their license suspended pursuant to a pending OVI.  The Ohio Revised Code, 4510.021 limits driving to the following purposes: (1) Occupational, educational, vocational, or medical purposes; (2) Taking the driver’s or commercial driver’s license examination; and (3) Attending court-ordered treatment.  A court is granted broad discretion to impose restrictions so long as the restrictions are reasonable.  While most courts will not impose an ignition interlock devise or restricted “party” plates on a first offense OVI, the statute specifically grants them discretion to do so.  The statute also does not grant a right or requirement that the court grant limited driving privileges.  Some courts make obtaining privileges easy and some courts do not grant privileges prior to a plea.  Hiring an attorney who is familiar with the particular requirements for limited driving privileges will save you time and frustration during the pendency of your OVI case.

Q. When will I get limited driving privileges?

A court may not grant driving limited driving privileges for a certain period of time following the imposition of an ALS. O.R.C. 4510.13(A).  The amount of time between the imposition of the ALS suspension and the time you are eligible for limited driving privileges is called “hard time.”  How long the hard time lasts depends upon whether the person has any prior offenses and whether or not the person took the test or refused the test.

First Offense Midemeanor OVI Failed Chemical Test R.C. 4511.191(C): Occupational driving privileges cannot be granted during the following periods in test cases:

  • First 15 days of suspension on a first offense
  • First 30 days of suspension on a person who had a prior OVI or refusal within 6 years.
  • First 180 days for a person who has had 2 prior OVI/refusals within 6 years.
  • First 3 years of suspension on a person who had 3 or more previous OVI/refusals within 6 years

First Offense Misdemeanor OVI Refusal R.C. 4511.19(B): Occupational driving privileges cannot be granted during the following periods in refusal cases:

  • First 30 days of suspension on a first offense.
  • First 90 days of suspension on a person who had a previous refusal within 6 years.
  • First year of suspension on a person who had 2 previous refusals within 6 years.
  • First 3 years of suspension on a person who had 3 previous refusals within 6 years.
  • A person, who within the preceding 7 years, has been convicted of or pleaded guilty to 3 or more OVI violations cannot be granted limited privileges.

Q. Is there a way to avoid the ALS suspension and limited driving privileges?

One of the first conversations you should have with your OVI lawyer will involve wether or not grounds exist for an appeal of the ALS.  You will discuss the limited circumstances under which an Administrative License Suspension can be challenged.  The court must hold the administrative license suspension hearing within five days of arrest.  You only have 30 days from your arraignment to file an appeal of the Administrative License Suspension. The scope of appeal is confined to four issues:

 1. Was your arrest based on reasonable grounds? 

2. Did the officer request that you to take a test? 

3. Were you made aware of the consequences if you refused or failed the test? 

4. Did you refuse or fail the test?

Much confusion is caused by the fact that the Administrative License Suspension is a pre-trial suspension generated by the Ohio Bureau of Motor Vehicles.  The warnings given by the arresting officer are misleading.  Often a client will come to our office under the misimpression that the worst case scenario will be a 90 day suspension.  If our client refused a chemical test, they believe they are condemned to a one year suspension.  This is not usually the case.  Upon a plea to a reduced charge (such as Reckless Operation) or to an OVI,  the Administrative License Suspension will be terminated and the court will impose its own suspension.   The minimum mandatory suspension for a first OVI offense is six months.  This will horrify the person who believed that they were facing 90 days, but a welcome relief to people who thought they were going to have a one year suspension. Limited driving privileges will be available during the pendency of the court-imposed suspension.  Again, be sure to ask your OVI attorney how your court typically handles ALS terminations and limited driving privileges.

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

Ohio Limited Driving Privileges information and other city-specific info at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

Drugged Driving Defense: The ARIDE Program

December 18th, 2013

drugged drivingDrugged Driving defense attorneys are going to have to learn about the ARIDE program.  The National Highway Traffic Safety Administration’s ARIDE course is described as a bridge between the Standardized Field Sobriety Test (SFST) and Drug Recognition Expert (DRE) courses.  ARIDE, which stands for Advanced Roadside Impaired Driving Enforcement, is a 16-hour course that claims to teach officers how to look for signs of drug impairment (drugged driving) during traffic stops.  The SFST program trains officers to identify and assess drivers suspected of being under the influence of alcohol, while the DEC/DRE program provides more advanced training to evaluate suspected drug impairment. The SFST assessment is typically employed at roadside, while an officer trained as a Drug Recognition Expert (DRE) through the DEC program conducts a 12-step evaluation in a more controlled environment such as a jail or a detention facility.

The drugged driving course begins with a review of the three SFSTs followed by a practice session and then a proficiency exam. The student has two opportunities to properly demonstrate the three tests per NHTSA standards. The student is graded by a qualified NHTSA instructor and a failure to show proficiency within two attempts (if necessary) prohibits the student from continuing on in the ARIDE course.  Once proficiency is shown, the student is introduced to the general concept of “Drugs in the Human Body” and learns about typical ingestion, effects of drugs, observable signs and symptoms of impairment, and then begins the process of learning the seven major drug categories. During this overview the student is briefly introduced to some medical conditions (see session IV, page 8-9). One (1) page of materials out of 98 pages, and about 10 minutes of class time out of 16 hours, is dedicated to the discussion of medical conditions that mimic drug impairment.

Drugged driving is all in the eyes according the ARIDE.  The HGN (horizontal gaze nystagmus) test is used to confirm the possibility of the presence or absence of certain categories “on board,” as will the subjects pupil size, and the same is said for the Lack Of Convergence (LOC) of the eyes. LOC is simply the inability to cross one’s eyes. However, while it is hailed as a valid and reliable indicator, 40% of the population is naturally unable to converge/cross their eyeballs.  These eye “conditions” or “observations” alone or in combination and their presence or absence are the primary method of identifying any single or multiple drug categories.

The seven categories are:

1. Central Nervous System (CNS) Depressants

These are substances that slow down the operation of the brain and CNS. Examples are Alcohol, Zanax, Prozac, and GHB

  • HGN is Present
  • Pupils are NORMAL
  • LOC is PRESENT – the eyes cannot be crossed

2. Central Nervous System (CNS) Stimulants

These are substances that stimulate, or over stimulate the brain and CNS. Examples are Cocaine, Ritalin, and Methamphetamine

  • HGN is NOT Present
  • Pupils are DILATED
  • LOC is NOT PRESENT – eyes can be crossed

3. Hallucinogens

Natural and synthetic substances that impair your ability to perceive reality. Examples are LSD (acid), Peyote, MDMA (ecstasy)

  • HGN is NOT Present
  • Pupils are DILATED
  • LOC is NOT PRESENT – eyes can be crossed

4. Dissociative Anesthetics

The best description of these is PCP and Ketamine (horse tranquilizer).  These were originally developed for use as anesthetics. They are powerful drugs that cause symptoms of both depressants and hallucinogens.

  • HGN is PRESENT
  • Pupils are NORMAL
  • LOC is PRESENT – cannot cross eyes

5. Narcotic Analgesics

Natural and synthetic opiates. Examples are Opium, Morphine, Heroine, Codeine, Demerol, and Methadone. All of these are designed and used for pain relief.

  • HGN is NOT Present
  • Pupils are CONSTRICTED, or pinpoint
  • LOC is NOT PRESENT – can cross

6. Inhalants

These are any number of breathable chemicals or volatile solvents and compounds that are inhaled. Oven cleaner is a particularly dangerous yet common example. While not intended by their manufactures to be used as a drug, they are nevertheless inhaled and produce a high.

  • HGN is PRESENT
  • Pupils are NORMAL
  • LOC is PRESENT – cannot cross eyes

7. Cannabis

The most well known drug category as it includes marijuana, hashish, and a synthetic compound called marinol. Recently, K2, spice, and potpourri are newer synthetic versions.

  • HGN is NOT PRESENT
  • Pupils are DILATED
  • LOC is PRESENT – cannot cross eyes

By the end of 2014, Ohio will have more than 125 DRE officers dedicated to removing drug-impaired drivers from Ohio roadways. Additionally, nearly every sergeant and trooper in the OSHP has received Advanced Roadside Impaired Driving Enforcement (ARIDE) training, which provides officers with general knowledge related to drug impairment. ARIDE training is now being provided to all agencies throughout Ohio.

Drugged Driving attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver (and drugged 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 information on defense of drugged driving and other city-specific info at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

The Arraignment: Your First Appearance Before The Judge

November 20th, 2013

Arraignment

The following will happen when you appear for your arraignment

 

  1. The Judge, will explain the complaint to you which details the offense(s) you are charged with, and will explain it to you if you do not understand the nature of the charge(s). The Judge will also advise you of the potential penalties.
  2. You will have the opportunity to ask questions that you have on the rights explained here, the charge, or the maximum penalty possible under the law.
  3. You will have the right to retain an attorney even if you intend to plead guilty, and a right to a reasonable continuance to secure an attorney.
  4. If you do not intend to be represented by an attorney, you will be asked to sign a waiver form, if the potential sentence in your case carries possible jail time.
  5. Please do not make statements concerning the facts of your case until the Judge asks you for a statement. Any statements you make may be used against you at a trial if a plea of not guilty is entered.

 

You may choose to enter any of these pleas at your arraignment:

 

  • By pleading NOT GUILTY, you are denying the charge. The prosecution will be required to prove its case against you beyond a reasonable doubt at a trial.

 

  • The plea of GUILTY is a complete admission of your guilt. If you plead guilty, you will be permitted to give a statement or explanation to the Judge before the sentence is imposed.

 

  • The plea of NO CONTEST is not an admission of your guilt, but is an admission of the truth of the facts alleged in the complaint or citation, and the plea or admission shall not be used against you in any pending or subsequent civil or criminal proceeding.

It is of vital importance that you consult with an attorney prior to entering a plea.  Hiring counsel will also have the benefit of taking care of the arraignment process.  In most courts, an attorney is permitted to file papers with the court announcing his representation of the defendant, thereby vacating the need for a formal in-court arraignment.  Ask your DUI attorney if your attendance at the arraignment will be required.  If you do attend, the arraignment will be a very quick process wherein your attorney leads you to a podium, waives reading of the charge and enters a not guilty plea on your behalf.  Matters of bond may, or may not be addressed at an arraignment.  It is not common for your defense attorney to see the prosecutor who will handle your case and reach a resolution at the arraignment.  Usually, issues of discovery and plea negotiations will take place later at the pre-trial hearing.

Some people have preconceived notions about the arraignment.  For instance, some clients believe that it will be held against them if they do not attend the hearing.  I have never heard of this being the case.  If the court wishes for the defendant to attend, it will become part of the court rules.  Other clients think that the press will be present.  This is usually not the case and your attorney will be able to tell you if such press coverage could be expected.  Still other clients think that the judge will be rude, harsh or judgmental from the bench during the arraignment.  Again, this will rarely if ever happen.

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

 Find information about the arraignment process and city-specific info at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville