Posts Tagged ‘drunk driving lawyer’

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.

Dayton OVI Checkpoint Tonight (August 20, 2011)

August 20th, 2011

There will be another OVI checkpoint in Montgomery County tonight.  The checkpoint will be on North Main St. in Dayton near Hillcrest Dr.  The increase d patrols will run through September 5th.  The State Highway Patrol plans to operate 27 sobriety checkpoints throughout the state on Friday through Sunday, said Lt. Anne Ralston, a patrol spokeswoman.  This operation is in conjunction with the national NHTSA-sponsored initiative called “Drive Sober or Get Pulled Over.”  Thanks to another grant from the NHTSA, the patrol expects to operate about 100 checkpoints this year, about double the number run last year. In addition to grants, the patrol is using its nearly $450,000 to pay overtime hours to run alcohol-enforcement efforts, including the checkpoints and extra “saturation” patrols that cruise roadways looking for impaired drivers.

If you find yourself in need of an experienced and credentialed Ohio DUI attorney, please contact Charles M. Rowland II at (937) 318-1384 or 1-888-ROWLAND [888-769-5263].  Charles Rowland has been representing Ohio traffic offenders for over fifteen years and has established a reputation as the go-to guy in the Miami Valley for DUI defense.