Posts Tagged ‘drunk driving defense’

Are You The Best OVI Attorney In Dayton?

July 10th, 2014

best ovi attorney in daytonAre you the best OVI attorney in Dayton?

Often a prospective client will ask if I am the “best OVI attorney in Dayton.”  I always answer this question by saying that I am a damn good OVI attorney, but you should investigate me to determine if I am the best 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 OVI attorney in Dayton – FOR YOU.

How Much Of Your Practice Is Dedicated To OVI Defense?  

OVI defense is a complex area of law involving forensic science, specialized knowledge and litigation techniques specific to OVI.  Successful practitioners will have access to information, arguments, experts and materials that come from being exposed to multiple OVI cases.  OVI attorneys will have blogs, websites, materials, scientific studies, and books specific to the field.  Ask your potential attorney what OVI-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 OVI defense.  100% of my time and energy is devoted to representing the accused drunk driver. 

What Are Your OVI Credentials?

Your search for the best OVI 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 OVI Attorney In Dayton? 

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.”

To learn more about finding the best OVI attorney in Dayton follow these links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

The Ohio OVI Breath Test – How To Fight And Win

June 30th, 2014

OVI breath testYou may think that any person who takes an OVI breath test and blows above Ohio’s .08 legal limit is guilty of OVI.  This is not the case.

Ohio employs a device called the Intoxilyzer 8000.  This device has many problems in its operation.  In fact, after a lengthy hearing on the Intoxilyzer 8000, a judge in Marietta ruled that the machine was not reliable [Story HERE].  Prosecutors hide behind a 1984 Ohio Supreme Court decision that said because the machines were officially certified by the state, they cannot be challenged by expert witnesses. Until this ruling is overturned we have to rely on other issues… and we do.

There are several ways to challenge an OVI breath test that involve operational issues.  Operational issues that may be used as defenses in your OVI case include:

  • Human error
  • Environmental factors
  • A breath test may not accurately represent your true Blood Alcohol Content (BAC)
  • Your mouth alcohol may be measured higher than your true breath alcohol level
  • Amount of time between your arrest and breath test
  • The breath test device may be improperly maintained

Did you know that your breathing pattern can significantly alter the concentration of alcohol on your evidential OVI breath test?  According to scientific research, “[t]he subject’s test manner of breathing just prior to providing breath for analysis can significantly alter the concentration of alcohol in the resulting exhalation.” (Jones, 1982, Schoknecht, 1989) as cited in Physiological Aspecs of Breath-Alcohol Measurement, Alcohol Drugs & Driving Vol. 6, No. 2, A.W. Jones.  Hyperventilation “…lowers the breath alcohol concentration by as much as 20% compared with a single moderate inhalation and forced exhalation used as control tests.” Id. (Jones, 1982).  Whereas, “holding breath for a short time (20 seconds) before exhalation increases the alcohol concentration in exhaled air by 15%. Id. (Jones, 1982).

The protocol for the Intoxilyzer 8000 in Ohio requires that you produce merely 1.1 liters of breath, less than the amount of air required to fill a two liter pop bottle.  The average adult can exhale between three and four liters of air.  If you are unlucky enough to be tested on this machine, the police will urge you to keep blowing your entire breath into the machine. However, such a long breath will artificially increase the apparent amount of alcohol in your breath by skewing the sample toward your “deep lung air,” where the alcohol is more highly concentrated. If you only blow only the required 1.1 liters, you will give an adequate sample, which may be up to 30% less than the sample that the police want you to give.

At Dayton DUI we constantly write on issues affecting an Ohio OVI breath test.  I invite you to check out these related articles:

It is my hope that even the most vehement advocate of tough DUI laws would allow an open debate on the scientific methodology of convicting a person in court.  If you are willing to fight to keep truth out of the courtroom, then you have drifted so far from the principles of fairness as to become blind to what our system of justice should be.  I call on MADD, the Century Council and all other advocates for tough DUI laws to join me in having a fair fight over the science and protecting our fragile and vulnerable system of justice.

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 schedule a visit about your OVI breath test or to learn more, check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgHuber HeightsOakwoodBeavercreekCenterville

How Do I Find A Good OVI Attorney?

June 2nd, 2014

ovi attorneyI offer this common-sense guide to helping you find the right OVI attorney because I believe that with a good game plan and realistic expectations you can win your case.   Since the inception of my practice I have provided the accused drunk driver with access to information about Ohio’s toughdrunk driving laws.  I believe that information is the key to overcoming fear and empowering you to make good decisions.  Don’t be afraid to ask tough questions and demand straight answers in order to make an informed decision.  Here are 10 questions that you should use to interview potential OVI attorneys.

Question One: Do You Limit Your Practice to OVI?

All web sites (even this one) are marketing tools set up to highlight the best aspects of an attorney’s practice.  As one web development company tag line puts it, “NO ONE LOOKS BAD ON THE WEB.”  Often, a firm will have multiple pages dedicated to each area of law that they practice, implying that they are “dedicated” to one or another particular practice area when in fact OVI defense is a small part of their practice. You don’t want a lawyer who “dabbles” in OVI.  ASK THE QUESTION: “Is your practice limited to representing the accused drunk driver?”

OVI defense is a complex area of law involving forensic science, specialized knowledge and litigation techniques specific to OVI.  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 OVI-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.

 Charlie says, “All I Do Is OVI.”

Question Two: What Kind of OVI Credentials Do You Have?

Credentials are earned through hard work and dedication to the cause of drunk driving defense.  Often, OVI 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 OVI 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 OVI issue can also be an important credential.  Has the attorney ever worked as a prosecuting attorney?  Has the attorney ever prosecuted a OVI case?  Has the attorney ever lectured or written on OVI 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 “OVI” attorney with little or no OVI experience whatsoever.  Yellow page advertisements, which often have OVI listed among many other practice areas, can also be misleading as to OVI credentials.  It is up to you to dig deeper and demand that the attorney demonstrate a depth of knowledge in OVI defense.

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

Question Three: What Is Your OVI Experience?

You should walk out of your attorney’s office confident in the knowledge that you have spoken to someone who has real experience defending OVI cases.  Ask the following and, if you don’t get straight answers, get up and leave: Have you ever tried a OVI case to a jury?  Have you ever tried a felony OVI 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 OVI 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? Military Personnel?  How many OVI Motions to Suppress have you done?  Have you ever done a motion or trial in the court where I will appear?

Some firms add up the years of practice of each person in the office and say things like, “our firm has over thirty years of representing clients,”  This is not experience, this is mathematics.  If you were having heart surgery would you care how many years of experience some other doctor had, or would you want the most experience heart surgeon you could get.

 Charlie says, “I have tried each of the “types” of cases described above. See the following ARTICLE on my Aggravated Vehicular Homicide case in the Greene County Common Pleas Ct.”

Question Four: Will You Or Someone Else Represent Me?

One of the most important questions to ask is “who will be representing me in court.”  If you meet with a highly qualified, experienced OVI attorney make sure that he or she will be beside you in court.  Having the attorney answer this question by referring to a “team approach” may be a way of saying that you will be shuffled off to an associate once we get your money.  Another evasion is for the firm 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 hire Charles M. Rowland II, you get Charles M. Rowland II at every stage of your OVI case.

Question Five: What Do Other Attorneys (and Real 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 form your own opinion.  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 atwww.Facebook.com/daytondui.  Join us to get an idea about my insights and my passion for my clients.

 See the “About Me” section above to learn about my credentials beyond the courtroom.

Question Six: Have You Ever Been Disciplined by the State Bar?

It goes without saying that a lawyer who has been disciplined in the past should receive extra scrutiny.  You should also look for things like gaps in the attorney’s resume, dramatic job shifts or traveling from job to job.  Thanks to the internet you can find out a great deal of information about a potential attorney.  Usually, a good face-to-face interview will reveal the attorney’s character and personality and will give you a good read about the person. Ask direct questions and demand straight answers.

 I have never been disciplined by the State Bar.  This can be verified at www.Avvo.com (search Charles M. Rowland II) or at the Ohio Supreme Court web site (www.sconet.state.oh.us/).

Question Seven: What Is The Court Process?

Have the attorney explain in detail what each step in the OVI court process will be like.  Have your attorney explain what he or she will be doing at each stage and what will be required of you at each stage.  This is also a good way of determining what level of communication you can expect from your attorney and how your attorney approaches the problems in your case.  Have the attorney explain what possible defenses he or she will raise.  Ask how the attorney what his or her philosophy is regarding pre-trial hearings.  Ask what his or her negotiation philosophy is based upon, what books they have read about negotiation and how they will approach the negotiation in your case.  Ask how the decision to go forward on a motion to suppress will be made.  If the attorney won’t (or can’t) explain things easily to you, why should you expect them to communicate well with a jury.

Please click HERE for a video of me explaining the OVI court process.  You can also find multiple articles I have written in the “DUI Court Process” section of this blog.

Question Eight: Who Do You Work With?

OVI attorneys often rely on expert witnesses in defending cases.  Experts can prove vital to raising defenses to chemical tests and challenging the officer’s interpretations at the scene.  Other experts can include optometrists, accident reconstruction experts, psychologists, private investigators, forensic toxicologists, doctors and forensic scientists.  Experienced OVI 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.

See the following ARTICLE in which I used expert witnesses to earn a not guilty verdict.  I have cultivated relationships with the best experts in the world.

Question Nine: What Will This Cost Me?

I always say, “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)?

Again, if the attorney won’t give straight answers to these questions be prepared to leave without hiring that attorney.

Warning: If you are shopping based on price alone, you probably won’t hire 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?”

BE CAREFUL!  If you get a letter in the mail offering a flat fee for OVI services – be careful.  If you find an attorney who will charge considerably less than any other attorney you consult with – be careful.  If you talk to, or visit a web page that tries to scare you – be careful.  If you talk to an attorney that puts down public defenders – be careful.  If you meet with an attorney who stresses his friendship with the Judge or Prosecutor – be careful.  If you talk with a referral service rather than an attorney – be careful.  If you meet with an attorney who puts other attorneys down – be careful.  If you meet with an attorney that pressures you into making a decision right away – be careful.  If you get treated rudely on the phone by the attorney, staff, or anyone associated with him or her – be careful.  If you meet with an attorney that guarantees an outcome or makes an outcome seem a foregone conclusion – be careful.  Let common-sense be your guide.

Question Ten: Can You Help Me?

Do not hire an attorney that promises outcomes or implies that they are the only lawyer who could handle your case.  You know better!  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 OVI 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 made a good decision.  Thank you for considering me to be your attorney.

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

To learn more about OVI Attorney Charles Rowland,  contact me or check these city-specific sites 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

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