Tag: DUI attorney

What Is Probation Like?

00DUI PenaltiesTags: , , , , , , , ,

Probation and Community Control

Probation in Ohio is now called “community control.” It provides for terms and conditions you must comply with in order not to go to jail.  The system requires you to work with a “probation officer” (P.O.) for a given period of time as set by the court.  A common misconception is that the probation officer will actively work against you in an effort to return you to jail.  Most of the time, the probation officer is working to make sure you comply with the court order and stay out of jail.  It is up to you to show up and make sure the probation officer is kept aware of your circumstances.  You should maintain contact with your trial attorney as may problems can be solved if there is good communication.

Most experienced attorneys can advise you about how to navigate the courts probation department and successfully complete probation. Under Ohio law, you cannot demand to serve jail time instead of being placed on community control in misdemeanor OVI cases, see State v. Walton (2000), 137 Ohio App. 3d 450, 457 — “…(A) misdemeanor offender has no right to refuse probation and to demand to serve her sentence of imprisonment.” Unlicensed driver was headed to prison for eight months and wanted six month traffic sentence served concurrently. Instead, the judge put her on probation. Experienced attorneys can help. If you need treatment, your attorney can have you do it prior to being placed on probation. Likewise, if you need to fix license issues.  These are the little things that make a difference in your court case.

When Do I Get Off Probation?

Often, a court will only keep you on probation until you have paid all fines and costs and complied with the requirements of your punishments.  In DUI/OVI cases, the probation department is responsible for setting up the 72 hour Driver Intervention Program and will make sure you attend and complete the program.  Work with your Ohio DUI attorney to learn about how to comply with the terms and conditions of probation (now called “Community Control Sanctions”).  Depending on the court, you may face any or all of the following probationary conditions:

  • No new DUI or serious traffic arrests;
  • Alcohol Assessment and/or Follow Up Alcohol Counseling;
  • Random Urine Screens;
  • Restrictions on driving times;
  • No “Refusals” of blood, breath, or urine tests if arrested for DUI;
  • No odor of alcohol while driving a vehicle;
  • Pay fines and court costs;
  • Attend MADD’s Victim Impact Panel;
  • Attend probation officer meetings;

In addition a court may require you to install Ignition Interlock (breath tester in the vehicle); Continuous Alcohol Monitor (ankle bracelet); Restrictions on travel outside of Ohio or the county; Electronic Home Monitoring or House Arrest; Work-Release or Community Service.  As you can see, the probation department and your probation officer have a great deal of power over your life while you are on community control.  Your DUI attorney should be a continued resource available to help you with issues that arise while on community control.

What Happens If I Violate The Terms of Probation?

probationIf you have been arrested for violating probation, you will have a hearing in front of  the judge. Since you have already been sentenced to probation for committing a crime, you will not be entitled to a jury to determine whether or not you have violated the terms of your probation.  The sentencing judge will hear the facts of your alleged violation, and determine if you did in fact violate any of the terms or conditions. A probation violation is not like a new criminal charge, you can be forced to testify against yourself and witness testimony can be used against you.  In most courts violations of the terms of your probation are very serious matters.  Unlike criminal matters, prosecutors are not bound by the “beyond a reasonable doubt standard.

Under Ohio law, prosecutors need only show that there exists a “preponderance of the evidence” that a violation has occurred. This means they only have to prove that it is more likely than not that you violated probation.  You should be aware of the terms.  Ask questions if you have any confusion.  A violation of technical terms (such as changing your address without informing the court, failing to pay on time and not showing up for your probation appointment) are as serious as the violation of a more substantive term.

Being charged with a new crime can result in a revocation of probation even if you are not convicted due to the lower preponderance of the evidence standard.  You could not only face jail time on the new charge, but face the time previously suspended from your earlier offense.  The charges need not be in the same court to invoke the court’s community control jurisdiction.

Contact Charles Rowland at (937) 318-1384

 

OVI Attorney Ethics Rule 1.1 – Competence

00DUI Court ProcessTags: , , , , , , ,

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!
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Reviewed & Experienced DUI Attorney

00Other Areas & InterestsTags: , , , , , , , , , ,

dui experienceDefense of an Ohio DUI or alcohol-related charge can be challenging. The main witnesses against you are the police. There is scientific evidence from the breath test, blood test or urine test that is presented against you.  Ohio has set strict limits on the ways the chemical tests can be attacked.  Your attorney will need to be familiar with the defenses and be skilled enough to present those to a judge or jury.  Often, a video tape of the arrest will be bolstered by the police officer’s testimony.  Your performance on the standardized field sobriety tests may be damaging to your case. The potential for devastating consequences also exists in all DUI cases: loss of freedom, loss of license, loss of job, and the lasting stigma of a criminal conviction. Your best chance at winning your case is to hire an attorney with the experience and skill necessary to win.

I focus my practice exclusively on defending those accused of misdemeanor and felony OVI offenses.  I have obtained certification on the BAC DataMaster, the Intoxilyzer 8000 breath test machines and I have been certified in forensic sobriety assessmet and drug recognition protocol.  Do you want training? I have received the same training in the administration of standardized field sobriety tests as law enforcement officers and I have lectured on these topics, teaching the same skills to other attorneys. I also volunteer my time to the Greene County Police Academy, twice a year conducting a DUI mock trial for training purposes. I also participate in leading national groups who are at the cutting edge of DUI defense. These groups include the National College for DUI Defense, The DUI Defense Lawyers Association, The American Association of Premier DUI Attorneys, the Ohio State Bar Foundation, the American Bar Foundation and various Bar Associations. I have been designated a Super Lawyer for DUI defense. I have been nationally recognized for my work and I have received a perfect 10/10 from AVVO since 2006. I have the experience and skills necessary to win your case.

Here are some of the testimonials I have received.

 

Great service from a great man!!

  • Didn’t make empty promises
  • No hidden costs
  • I was able to complete my immigration process

I got into trouble (DUI) early in December 2015 and had a very high blood alcohol level and operated the vehicle without a license ( I’m a foreigner ) busy with my immigration process and this was very bad for me!! I was in trouble big trouble until I went online and had Charles represent me!! From the start he was straight forward and giving it to me the way it is!! He didn’t make empty promises and there was no hidden costs or anything like that!! Charles got my charges down to what is needed for me to be able to continue my immigration process into this great country!! Thanks Charles for everything you are truly a great man and if anyone ever have any trouble I would for sure recommend Mr Rowland !!

DUI CLIENT

 

Excellent!

  • Very professional
  • Couldn’t be happier

Mr Rowland was very professional and got the job done in a very timely manner! I couldn’t be happier with everything he has done for me. I would highly recommend Mr, Rowland!

DUI CLIENT

 

The outcome I needed!

  • I recommend Charles Rowland
  • Reduced to reckless operation after positive breath test
  • Saved me hundreds, if not thousands in court fees
  • He knows what he’s doing

Mr. Rowland and his knowledgeable, prepared team got the job done. He was able to get my OVI charge reduced to a reckless operation after a positive breath test. This not only keeps an OVI off my record, but saved me hundreds If not thousands of dollars in fees, court costs, license reinstatement charges, etc. It is apparent through my work with him that he knows what he is doing when it comes to helping clients face these charges, and that it is critical to have someone with his knowledge and relationships working on your behalf. He comes with my highest recommendation.

DUI CLIENT

 

Yay!

  • I recommend Charles Rowland
  • Professional and Honest
  • No points or DUI are going on my record
  • It probably saved my job

Would definitely recommend Mr.Rowland. He’s awesome, professional, and honest. My DUI was amended to a physical control, no points or DUI are going to be on my record, saving my position at work, and thousands of dollars in insurance premiums. I witnessed Mr. Rowland having a good working relationship with the ppl, staff, other attorneys, probation dept. at the court where my hearing was held, so I can only assume he does at other courts too.
A lil bit pricy..but it’s not horrible, and totally worth it. I wish I could’ve had somebody like him for my divorce!!!

DUI CLIENT

Saved my job, best around

  • I recommend Charles Rowland
  • My test was over the limit
  • He got my charge knocked down to a reckless operation
  • It probably saved my job

I had a test that was over the limit and he got my charge knocked down to a reckless operation. It probably saved my job and saved me alot of money.

TOM, DUI CLIENT

Helped my son

  • I recommend Charles Rowland
  • I “liked” his Facebook page because of the interesting and informative content
  • He was the first attorney to come to mind when my son got a DUI
  • Without his personal representation things would not have worked out as well as they did
  • Do yourself a favor and add him to your contacts

I first learned of Mr. Rowland and his practice through his DaytonDUI FaceBook site and decided to “Like” it because of the interesting and informative content… I am very grateful for my decision because when my son had an uncharacteristic lapse of judgment and got into trouble Mr. Rowland was the first attorney that came to mind. I can say a lot about how considerate, knowledgeable, and professional Mr. Rowland was while representing my son, but I will just say that I believe that without his personal representation things would not have worked out as well as they did. Everyone makes mistakes, know your rights and know who to call if you or a loved one finds themselves in need of a great attorney. I will always confidently refer the services of Mr. Rowland for anyone who needs help and I will always be grateful to him for helping and guiding my family through a very tough ordeal. Do yourself a favor and add him to your contacts…

ANONYMOUS, DUI CLIENT

One of the best lawyers in Dayton! Hire him

  • I recommend Charles Rowland
  • He helped my husband with a DUS (driving under suspension)
  • He knew exactly what he was doing and up for the challenge
  • His knowledge and abilities shows dedication & hard work
  • He helped my husband stay out of jail and keep his license

Charles Rowland helped my husband very recently with a case that involved a long past of DUS (driving under suspensions). Charles Rowland worked very hard to help my husband stay out of jail and he got to keep his license. This whole nightmare is over finally! Charles is very personable and confident with his cases. I felt like he knew exactly what he was doing and was up for any challenge. His knowledge and abilities shows dedication and hard work. I would recommend him for any defense case, he is very persuasive.

MOLLIE, DUS CLIENT

Best DUI attorney around

  • I recommend Charles Rowland
  • My friend recommended him to me who had used his services
  • He said he would take care of it…and he did!
  • His secretary is super helpful and knowledgeable

Mr. Rowland was recommended to me by a friend who had used his services. I was so worried about the trouble I was in, but Mr. Rowland assured me that he would take care of it… and he did! Even gave me his after-hours number, if I needed it. He made me feel like a real person rather than “just a client”. His secretary is super helpful and knowledgeable – which is great when Mr. Rowland isn’t available to answer my questions. I am SO happy I hired Mr. Rowland!

ANONYMOUS, DUI CLIENT

Best DUI lawyer in the state

  • I recommend Charles Rowland
  • He is extremely knowledgeable
  • He cares deeply for his clients
  • He makes sure his clients are treated fairly

Charlie is the best DUI Lawyer in the state of Ohio. He is extremely knowledgable and also cares deeply for his clients and makes sure they’re treated fairly.

ANONYMOUS, DUI CLIENT

Highly recommend

  • I recommend Charles Rowland
  • I wanted a good lawyer so I could beat this case
  • He definitely knows what he’s doing
  • He got my DUI dropped… I almost couldn’t believe it

I’m a recent college graduate who just started looking for a job and happened to get pulled over at the wrong time. Thought i did well on my test and i blew twice the limit. I wanted a good lawyer so i could beat this case and i couldn’t of chose a better lawyer than Mr. Rowland. A very very friendly down to earth person and he definitely knows what he’s doing. He was able to get my DUI dropped and i almost couldn’t believe it. Anyways i highly recommend Mr Rowland if you are in the same position i was in.

KYLE, RECENT COLLEGE GRADUATE, DUI CLIENT

What a blessing

  • I recommend Charles Rowland
  • Mr. Rowland did an excellent job in getting my life back in order
  • I was reassured that he would be there every step of the way, no substitute attorney
  • My OVI was taken care of to my satisfaction.  He did that and more.

I made a big mistake and Mr. Rowland did an excellent job in getting my life back in order. Nobody wants to ever be charged with an OVI. I was and it was the scariest thing I had ever felt. I was reassured by Mr. Rowland that he would be there every step of the way, no substitute attorney, and get it all taken care of to my satisfaction. He did that and more. His staff was especially helpful too. I would recommend this Attorney for anyone going through this situation.

ANONYMOUS, DUI CLIENT


Mr. Rowland is an AMAZING lawyer and GREAT at what he does!

  • I recommend Charles Rowland
  • He told me he worked for me and would do what I wanted him to do.
  • I was offered deals I did not like, each time he got me a better deal until he finally got me off all together!
  • I did not have to go to jail or have house arrest!
  • Most other attorneys would have talked me into taking the first plea bargain.

I hired Mr. Rowland as a defense attorney for a DUI. Before hiring him I read his website and liked what I saw. I set up a consultation and was really impressed by what he had to say. I had received several solicitations in the mail from other attorneys looking to represent me but I didnt care for that. I hired Mr. Rowland and from the start he told me to remember that he is working for me and will do what I want him do.

At the pre trial I was offered something that I did not like. Mr. Rowland told me he would like to talk to them more personally so we could possibly get a better deal. I also wanted a better deal. We moved forward with case and went for a motion to suppress. I met Mr. Rowland a little before the hearing and they had offered me a much less jail time and some house arrest. I liked the deal much better as I would not be spending so much time in jail. Mr. Rowland again informed me that he was working for me and he explained the other options I had available, which would going to a jury trial. Mr. Rowland then told me to wait a few minutes, he is going to see if he can get an even better deal. After about 10 minutes he walks out with a smile on his face and tells me that I am not being convicted of a dui anymore!

I could not believe it! Mr. Rowland went over every single detail in the report, he went through everything and found something in there that prevented them from convicting me. I did not have to go to jail and I did not get any house arrest. It may not seem like a big deal but it was a mandatory 20 days in jail if convicted.

I can not thank him enough for his help! It is obvious that he has spent a very long time learning everything there is to know about dui defense. I know I could not have done it without him and most other attorneys would have talked me into taking the plea bargain.

JUSTIN, DUI CLIENT

Excellent attorney and great person

  • I recommend Charles Rowland
  • I was in some serious trouble and he helped me out emmensley!!!
  • He genuinely cares about his clients!

Charles Rowland is an excellent attorney.  I was in some serious trouble and he helped me out emmensley!!! He is not only a great attorney but a good person in general.  He had a great deal in changing my life for the better and keeping me out of future trouble.  I would recommend him and refer to anyone.  He is very good at his job and genuinely cares about his clients!  There aren’t enough words to express my gratitude to him.  I would like to say a heartfelt thank you to someone who has not only helped out legally but has also played a big part in changing my life thank you very much Mr. Rowland.  Sincerely, A Grateful Client

VICTORIA SCIORTINO, DUI CLIENT

Outstanding work! Saved my career!

  • I recommend Charles Rowland
  • He was the only one who seemed to just do DUIs
  • He challenged the ticket & got the charge reduced
  • What a relief!!!!

Everything was on the line for me after I was charged based on the sensitive nature of my work. I researched a number of criminal defense/ ovi attorneys. Charles was the only one who seemed to just do DUIs. I can’t tell you how pleased I was with the service and the result in my case. Charles challenged the ticket at a number of levels and was able to reduce the charge to something that didn’t cost me my job or my freedom. What a relief!!!!

ANONYMOUS, DUI CLIENT

 

Don’t Volunteer Evidence – You Have Rights! Use Them!

00Breath Testing, Illegal Police StopsTags: , , , , , , , , ,

tipp city oviA typical DUI/OVI stop starts with a probable cause traffic stop.  Depending on the time of day, the location or the way you are driving, the officer may begin the encounter believing that you are possibly “19” (police shorthand for a possible R.C. 4511.19 (DUI) violation). Probable cause for the stop can be anything from severe weaving or crashing all the way down to something as de minimus as a license plate light out.  The officer’s true purpose in pulling you over cannot be questioned if there is even a minor violation of law.

The officer will observe the way you pull over and will approach the vehicle with caution. Always keep your hands where the officer can see them and avoid furtive movements.  When the officer asks “do you know why I pulled you over?” what do you say? When the officer asks if you have been drinking, what do you say? If the officer asks you if you are willing to take some roadside tests, what do you say? Always begin every police encounter by asserting your rights, “I DO NOT WANT TO ANSWER QUESTIONS AND I WANT TO SPEAK TO AN ATTORNEY.”

When you are pulled over for a traffic infraction the police officer has no evidence that you may be driving under the influence. Once you are stopped, the officer begins gathering evidence against you for OVI/DUI.  If you do not give him the evidence I can win a charge of DUI/OVI. And there is only one way for the officer to obtain evidence: You must give it to him! Examples are letting the officer engage you in conversation. By doing this he hears your speech hears your thought processes and begins to build his case. He smells your breath. During the process he also views your eyes to see if they are red, bloodshot, or watery.  The officer will also ask you for your license, insurance and registration. He is doing this to see if you fumble through your belongings, thereby demonstrating lack of dexterity.  Have these papers ready at hand anytime you are in the car. Have them waiting for the officer on the dash.

At this point, the officer must determine if he has enough evidence to remove you from the vehicle.  If he believes he does, he will ask you to take standardized field sobriety tests. There is no legal obligation or requirement to perform these tests. Do not take Field Sobriety Tests! Finally, do not be a knucklehead to the officer. Be polite and courteous even if you do not receive the same treatment as most encounters are recorded. Do not argue or try to justify your conduct as all of this will be used against you. Once the officer decides to arrest you there is nothing you can do to avoid the arrest.  Let me handle that for you later!

 

To blow or not to blow, that is the question. Unfortunately, the answer is “maybe” and involves a very complicated investigation of the facts of your case and your personal history. You should NEVER refuse the test without understanding how a refusal would affect YOU. No attorney can know all of the circumstances of your arrest and your personal history, always ask to speak to an attorney when making this decision.

Can you answer “TRUE” to ALL of the following questions? If so, you can politely DECLINE any police test(s) of your blood, breath, or urine with minimum impact. Be prepared and know your rights.

  • I am an Ohio license holder, 21 years or older; AND
  • I was not involved in an accident involving possible death or to serious injury to ANYBODY, even members of my family, pedestrians or passengers; AND
  • I do not have a commercial driver’s license (CDL); AND
  • No matter where I currently have a license to drive, I have had no prior drunk driving convictions or deferred pleas for DUI in ANY state within 6 years (from the date of conviction until now).
  • Refusing a chemical test can result in harsh penalties which includes a one-year license suspension, but your attorney can fight to get this reduced. In some courts your refusal may be held strictly against you and in others you may be able to get a reduced suspension despite your refusal. In State v. Hill, 2009-Ohio-2468, the Appellate Court upheld the right of a trial court to enhance a penalty based on a refusal to take the chemical test. In most circumstances, a refusal to take a chemical test will result in a longer hard-time suspension (30 days rather than 15 days without any driving privileges). [see the Automatic License Suspension section of this blog]. You should also engage in an honest assessment of your alcohol consumption. If you risk testing over Ohio’s “super-OVI” threshold (over a .17% BAC) you may do harm by taking the test. Take these factors into account when making your decision to blow or not to blow.

Any criminal defense attorney would rather have less evidence against you rather than more, but giving blanket advice to refuse the chemical test is a mistake. Be prepared to make the best decision for you. You can also plan ahead by storing my contact information in your smart phone: (937)776-2671.

Defending Against Poor Standardized Field Sobriety Tests

00Field Tests (SFSTs)Tags: , , , , , , , ,

Failing the Roadside Field Sobriety Tests Is Not Conclusive

In this short video, available at the Dayton DUI YouTube channel, I give an important analogy about interpreting the Standardized Field Sobriety Tests given as part of most DUI arrests. Without proper context, you can be made to appear drunk and have your performance used against you.

If you find yourself accused of drunk driving, contact DUI attorney Charles M. Rowland II today.