Posts Tagged ‘DUI attorney’

Do You Offer Free DUI Consultation?

April 14th, 2014

free dui consultationWe offer a free DUI consultation because the most important decision you will make in defending your case will be hiring the right DUI attorney.  Here is a common sense guide to making the most of your time.

You should walk out of your free DUI consultation confident in the knowledge that you have spoken to 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? 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?

Have the attorney explain in detail what each step in the DUI 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.

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)?

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 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 made a good decision.

We hope this article will help you make the most of your free DUI consultation.

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.”

To schedule a free DUI consultation contact me, or check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

Intoxilyzer 8000: The More You Blow

March 27th, 2014

intoxilyzer 8000The Intoxilyzer 8000 is Ohio’s breath testing device in DUI cases.  One of the major flaws of the machine is that its testing protocol can result in inflated tests. The more you blow, the higher it goes.

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. 

The Intoxilyzer 8000 measures how much breath you provide by something called a ‘pressure transducer.’ Instead of directly measuring the volume of your breath by a pressure switch, like the old Intoxilyzer 5000 did, the 8000 indirectly measures breath. Not only is it needlessly complicated, it simply doesn’t work! The flow sensor systems in Florida’s Intoxilyzer 8000′s are so unreliable that FDLE ordered that police STOP KEEPING RECORDS of the system in monthly checks. In 2011, a system-wide check showed that 40% of the machines in Florida couldn’t accurately measure breath volume! (Source). As of this writing, the author knows of no testing in Ohio to determine if this is a problem.  In fact, recent court decisions reveal that precious little (if any) testing has been done by the Ohio Department of Health prior to the implementation of the machine in Ohio.

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 more Intoxilyzer 8000 information check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

Phase Two: The Personal Contact Phase

March 25th, 2014

personal contact phaseAn officer’s decision to arrest for DUI involves three steps: observing the vehicle in motion, observing the driver during a personal contact phase, and administering field sobriety tests.  Evidence is collected at each stage.  If, after conducting all three phases, the officer believes probable cause exists that you are impaired, you will then be arrested.  Probable cause is a flexible, common-sense standard. It merely requires that the facts available to the officer would ‘warrant a man of reasonable caution in the belief,’ Carroll v. United States, 267 U.S. 132, 162 (1925), that you are impaired; it does not demand any showing that such a belief be correct or more likely true than false.  A ‘practical, nontechnical’ probability that incriminating evidence is involved is all that is required. Brinegar v. United States, 338 U.S. 160, 176 (1949).”

To collect evidence during the personal contact phase, an officer is trained to:

  1. observe and interview the driver; and
  2. observe the driver’s exit and walk when the driver is asked to step from the vehicle.

When observing and interviewing the driver, NHTSA  offers the following clues for the officer to observe and record at this point in the stop:

  • ” Sight-bloodshot eyes, soiled clothing, fumbling fingers, alcohol containers, drugs or drug paraphernalia, bruises, bumps or scratches, unusual actions
  • ” Hearing-slurred speech, admission of drinking, inconsistent responses, abusive language, unusual statements
  • ” Smell-alcoholic beverages, marijuana, cover up odors like breath sprays, unusual odors

It is up to you to prevent an over-eager officer from determining that your actions are caused by alcohol impairment and not normal day-to-day activities.  One way to do this is to have your documents in order.  No matter how dexterous, some officers will observe your attempt to withdraw your paperwork as inadequate.  We routinely see reports that say:

  • fumbled for license;
  • was slow and deliberate in looking for insurance;
  • unable to produce license and registration;
  • could not get his/her license from wallet;

While these “personal contact phase” observations may not be determinative of impairment, they go a long way in establishing the officer’s decision to place you under arrest for operating a vehicle impaired.  Here is what you can do during the personal contact phase to avoid an unnecessary arrest.

Here is a common sense tip:  just have your license, insurance information and vehicle registration in a place that makes them easily accessible.  Prior to the officer’s approach, have these items close at hand, so that you can provide them upon request.  If you are arrested, you attorney will make use of the fact that you produced these documents quickly.  Practice taking your license out of your wallet.  If it takes more than five seconds, make it easier to get to.  Put you license and insurance information in an envelope near the drivers compartment.  Officers are understandably concerned about their safety and will get suspicious if you dive toward the glove compartment prior to their vehicle approach.

At the conclusion of the personal contact phase, both you and the officer have a decision to make.  The officer must determine if he or she is going to remove you from the vehicle to take standardized field sobriety tests, and you must determine if you will take the tests.  As DUI attorney Bruce Kapsack quips, “If they ask you to get out of the car, they’ve already made their decision, so why give them more evidence to use against you?”  Taking practical steps to be prepared for an officer hell-bent on arresting people for drunk driving, can save you the embarrassment and expense of a DUI arrest.

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 more about the personal contact phase at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

Asserting An Affirmative Defense In An OVI

March 6th, 2014

affirmative defenseIn an Ohio OVI, a defendant may rely on an affirmative defense.  The Ohio Revised Code 2901.05(C) recognizes an affirmative defense to certain crimes and offenders. If an affirmative defense is asserted, the burden of proof is on the defendant to prove the affirmative defense by a preponderance of the evidence.

The following are the affirmative defenses are recognized:

  • Entrapment
  • Insanity
  • Self-Defense
  • Intoxication
  • Duress
  • Blackout

If you plan to assert an affirmative defense, it will be raised at the trial stage and not in a pre-trial motion.  Often, the biggest hurdle in the assertion of an affirmative defense will be crafting the affirmative defense and having the court agree to instruct the jury on the affirmative defense.  The decision to assert an affirmative defense is a monumental one.  It will shift the burden away from the government and onto the defendant.  It should only be asserted when the defendant is on firm legal grounds and sure that it is the best legal strategy.  Talk to your Ohio OVI attorney at length if you think asserting an affirmative defense is in your best interest.

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

 Find information on an OVI affirmative defense and other city-specific info at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

DUI Blitz Planned Along I-75 Corridor

February 21st, 2014

DUIDUI Blitz – If you are driving along 1-75 this weekend, be prepared for an enhanced police presence.  The 6-State Trooper Project includes the Ohio State Highway Patrol, Kentucky State Police, Indiana State Police, Pennsylvania State Police, West Virginia State Police and the Michigan State Police.

The Ohio State Highway Patrol will be joining forces with other members of the 6-State Trooper Project to focus on crash causing violations.  Troopers will be targeting safety belt, aggressive driving, and OVI related violations along the Interstate 75 corridor.  The initiative will take place from February 21, at 12:01 a.m. through February 23, at 11:59 p.m.  This high-visibility enforcement effort will include the Michigan State Police, Kentucky State Police and the Ohio State Highway Patrol.

 

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 Hotline at (937) 776-2671.  You can have us at your fingertips by downloading the DaytonOVI smart phone app or have OVI information sent directly to your mobile device by texting DaytonDUI to the following number: 50500.  Follow us 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.

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

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville