Tag: drunk driving

Felony DUI – Aggravated Vehicular Homicide

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Felony DUI – Aggravated Vehicular Homicide

Felony DUI -Aggravated Vehicular Homicide, O.R.C. 2903.06, is a crime that results from the death of another caused by the defendant’s operating a vehicle while impaired. (a violation of R.C. 4511.19 -OVI) You can also be charge for driving negligently or recklessly under the law. The aggravated vehicular homicide statute encompasses driving an automobile recklessly or negligently (called vehicular homicide) whether or not alcohol played a part in the death. Often, defendants are indicted for multiple counts, with additional counts for each victim of the accident.

Felony DUI – Penalties

felony DUIThe penalties for an Aggravated Vehicular Homicide are harsh. Under the reckless section of the felony OVI statute you will be found guilty of a third degree felony which rises to a second degree felony if the driver is under suspension at the time of the offense. Aggravated vehicular homicide, when impaired as defined in R.C. 4511.19, is a second degree felony which rises to a first degree felony if the driver was under suspension at the time of the offense. Penalties include mandatory prison terms with a penalty of up to 10 years in prison and a $20,000 fine for the 1st degree felony and prison up to 8 years and a fine up to $15,000 for the 2nd degree felony.

If drunk driving (now called OVI; operating a vehicle while impaired) is charged as the proximate cause of the death, the penalties become mandatory and are very difficult to get reduced or lowered. Often, these cases are high-profile cases engendering much prejudice toward the defendant. Because of these factors, you need an attorney who will work as hard as possible for your freedom. 

Who Do You Choose?

When you face these kind of penalties, you need an attorney with experience. I focus my practice exclusively on OVI defense.  In addition to experience, I the resources and the expert witnesses that will make the difference in your case. I offer a free consultation for all clients. I will work hard to make sure that you understand the charges, the process and your possible outcomes. Call me at (937) 318-1384 for a free consultation. In addition, you can contact me 24/7 at (937) 776-2671.

Dayton DUI – No Expungements

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Dayton DUI

Choose Dayton DUI at (937) 318-1384

One of the reasons I am proud to defend Dayton DUI cases, is that these cases are unduly stigmatized.  For example, if you punch someone in the nose your friends will say, “Wow, what happened?” If, however, you say you were charged with a DUI, they will say, “Oh, I’m sorry.”  It is this assumed guilt that is like no other criminal offense.  It erodes at our Constitutionally guaranteed right to be presumed innocent. What makes this presumption particularly frustrating is that DUI cases are notoriously hard for the prosecution to prove. An experienced attorney can find multiple defenses.  I look at the stop, the decision to remove you from the car, the administration of the field sobriety tests and the totality of the circumstances leading to your arrest. In addition, we apply the science. If you test, there are a myriad of ways to fight a chemical test.

The current expungement law makes choosing the right Dayton DUI attorney of paramount importance. 

Another reason to make Charles M. Rowland II, Dayton DUI, your first choice for DUI defense is that Ohio does not allow expungements in drunk driving cases.  If you make a mistake when you are a young person, the stigma of a DUI conviction will follow you for the rest of your life. In 2014, Ohio decided to expand the ability of Ohioans to apply for an expungement and get a fresh start. It was decided that DUI offenders did not deserve a break under the new law.

I have been fighting for the accused drunk driver since 1995. I have the experience and credentials necessary to fight and win your case. When you come for your free consultation, I will give you a real price and a real plan.  If you hire me, you get me at every stage of your case – not an associate. You get my 24 hour number and you get a staff that is 100% dedicated to DUI defense. Need more information? Call me at (937) 318-1384 or, to learn more, visit www.DaytonDUI.com.


OVI Attorney Ethics Rule 1.1 – Competence

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What is the first ethical rule for a OVI attorney?  It iss set forth at the American Bar Association – Model Rules of Professional Conduct, Rule 1.1. This is the rule regarding competence.  It states,

“A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.” 

ovi attorneyOVI cases are among the most complex because of the scientific elements of the case. As your attorney, I must be familiar with the statutory and case-made law regarding OVI. In addition I must have a working knowledge of:

  • the NHTSA standardized field sobriety testing methods,
  • the intricacies of the myriad breath testing instruments,
  • chemical testing procedures including gas chromatography and
  • how deviation from a standardized norm, be it biological, chemical or environmental can affect a field test or a blood, breath or urine test.
  • a breadth of experience pointing him to omissions in the police investigation.
  • It is of great importance to understand the unique procedural requirements of a DUI case and the coordination of a cadre of potential expert witnesses.  It requires training, experience and sustained study to master.

Frequently, an attorney devotes a major portion of his or her practice to OVI defense.  My motto is, “All I do is DUI defense.”  I received a great deal of  advanced training.  I trained in the NHTSA Student Manual, the ARIDE program, the Drug Recognition Expert protocol, and have achieved proficiency as a Forensic Sobriety Assessment professional. In addition, I received certification on the BAC DataMaster and the Intoxilyzer 8000 breath test machines.  I attend OVI specific Continuing Legal Education classes and advanced DUI seminars. While I also teach OVI seminars, I also attend workshops put on by the National College for DUI Defense , the American Association of Premier DUI and the National DUI Lawyers Association. In conclusion, I am committed to OVI defense.

My experience helps me find issues to use in your defense.  Therefore, I Do not take your case lightly.  Because the charges are so harsh, I work harder to defend your interests. Due to the severity, you should invest in an attorney who has the skill set that can give you a chance to win your OVI case. I work hard because it matters.   So, If you need such a OVI attorney, give me a call at (937) 318-1384.

Call Dayton OVI Attorney Charles M. Rowland today!

Memorial Day OVI Checkpoint In Montgomery County (5/27/16)

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checkpoint-alerts2-810wAAA says more than 38 million Americans are expected to travel this holiday weekend.  This Memorial Day, there will be multiple saturation patrols and jurisdictions are setting up additional traffic patrols to make travel safer.  In addition to OVI (drunk driving) patrols, troopers will be looking for seat belt violations, texting while driving and speed offenses.

There will be an OVI checkpoint in Montgomery County on Friday.

If you find yourself in need of an attorney, Charles M. Rowland II (DaytonDUI) will be available 24/7 at (937) 776-2671.  “My staff and I are mobilized to help people who are from out of town and people who might need immediate assistance.”  I have established a reputation as one of Ohio’s leading DUI attorneys, and I want to help you. “All I do is DUI defense.”


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Less OVI Checkpoints, More OVI Arrests

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Did you notice there were less OVI checkpoints this year? Ohio State Highway Patrol troopers made the decision to change from an OVI checkpoint strategy, to a more concentrated OVI patrol strategy.  So, how many OVI arrests did the Ohio State Highway Patrol make over night Dec. 31 into Jan. 1 in our area?  Numbers from a 12-county area, including Montgomery and Miami counties, shows 19 OVI offenses. Those numbers include:

  • 7 from the Dayton post that covers Montgomery and Preble counties;
  • 2 from the Springfield post for Clark and Champaign counties;
  • 3 from the Xenia post in Greene County;
  • 6 from the Piqua post that covers Miami, Darke, Shelby, Mercer and Auglaize counties;
  • 1 from the Lebanon post that covers Warren County; and
  • 3 from the Hamilton post that covers Butler County

Across Ohio, there were three fatal crashes compared to 10 during the same period last year. This is significant because this year marked a change in strategy for the OSP. They used less ineffective OVI checkpoints and more traditional “saturation” patrols to look for impaired drivers. Let’s hope this is a trend that continues.