Tag: dui defense

DUI Defense In “My Cousin Vinny”

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

dui defense attorney

DUI defense is never far from my mind.  I was reminded of this last weekend watching one of my favorite movies, “My Cousin Vinny.” In the movie, a novice New York attorney (Joe Pesci) heads to the deep south to defend his cousin and his friend in a high-profile murder case.  He is met with a hostile judge and a pompous attorney who are hell bent on seeing the two kids put away for murder. Consequently, comedy ensues.

Because of his inexperience, Vinny has a hard time at trial. Especially relevant is his lack of understanding of criminal procedure. However, he makes a comeback. In the course of the trial the prosecutor call George Wilbur (James Rebhorn) as an expert for the State.  Vinny objects.

Vinny Gambini: I object to this witness being called at this time. We’ve been given no prior notice he’d testify. No discovery of any tests he’s conducted or reports he’s prepared. And as the court is aware, the defense is entitled to advance notice of any witness who will testify, particularly to those who will give scientific evidence, so that we can properly prepare for cross-examination, as well as to give the defense an opportunity to have the witness’s reports reviewed by a defense expert, who might then be in a position to contradict the veracity of his conclusions.

[there is a short pause as Judge Haller appears caught off-guard by Vinny’s sudden compentence with knowledge of the law]

Judge Chamberlain Haller: Mr. Gambini?

Vinny Gambini: Yes, sir?

Judge Chamberlain Haller: That is a lucid, intelligent, well thought-out objection.

Vinny Gambini: Thank you, Your Honor.

Judge Chamberlain Haller: [firm tone] Overruled.

The State’s witness is the special automotive instructor of forensic studies for the FBI. He testifies that the tire marks left at the scene of the crime match the tires of the vehicle driven by Vinny’s clients.  “Same tires,” says the prosecutor. In addition to the science, the witness has all of the traditional indicia of credibility due to an outstanding education and an authoritative command of the courtroom.  The only problem with his testimony is that he is DEAD WRONG!  In the movie the kids are saved by out-of-work hairdresser Mona Lisa Vito (Marisa Tomei) whose real world expertise proves that the car did not match the tire tracks left at the scene.

In DUI defense we are almost always faced with police officers and forensic experts who are clothed in the traditional indicia of credibility.  In addition, DUI defense attorneys also face a machine that the state of Ohio has exempted from scientific challenge. The only thing that our clients have going for them is us! As a result, you need to have an attorney you can depend on.

I also take pleasure in proving the machine and the State’s witnesses wrong.  It is said that DUI is the most frequently mis-charged crime in the United States.  When you can get a jury to see an error it is as dramatic as anything Hollywood can produce. Furthermore, it is a feeling that most attorneys, especially me, strive to have as much as humanly possible.  Maybe one day I will have the opportunity to deliver the opening statement that Vinny Gambini uses in the movie…

Vinny Gambini: [opening statements] Uh… everything that guy just said is bullshit… Thank you.

I dedicate my practice to defending the accused drunk driver in the Miami Valley and throughout Ohio. I have the credentials and the experience to win your case. You can be sure that I want to be Dayton’s choice for drunk driving defense. Contact me 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.  Finally, you should keep my motto in mind,  “All I do is DUI defense.”

To learn more about DUI defense check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgHuber HeightsOakwoodBeavercreekCenterville


Dayton DUI – No Expungements

00DUI Court Process, DUI PenaltiesTags: , , , , ,

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.


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.

DUI Defense In Centerville, Ohio – Charles M. Rowland II

00Centerville DUITags: , , , , ,

Looking for a DUI attorney in Centerville, Ohio?

centerville duiCharles M. Rowland II has been serving the people of Centerville since 1995. He focuses his practice exclusively on defending the accused drunk driver and has amassed an impressive number of credentials in his field. He was named “Top Attorney” in the area of DUI defense by Car & Driver (May 2013) and Time (August 2013). He is a former city prosecutor and special prosecutor in DUI cases. Charles Rowland has been an expert witness on matters of evidential breath testing, testifying on behalf of the United States government in Court Martial proceedings at Wright-Patterson Air Force Base.

Did you blow? Charles Rowland is certified on the Intoxilyzer 8000, the BAC DataMaster and has lectured on topics related to the machines, teaching attorneys throughout Ohio how to beat a breath test. He has completed training in the Drug Recognition Expert Protocol and is as qualified as any law enforcement officer in administering and interpreting the standardized field sobriety tests. Twice a year, Charles M. Rowland II helps the Greene County Career Center Police Academy by conducting a mock trial.

Learn more about Charles M. Rowland II by scheduling a free consultation about your Centerville DUI case.  Call (937) 318-1DUI or 888-ROWLAND.

“All I Do Is DUI Defense” And That Inspires Some Reaction

00Ohio Criminal LawTags: , ,

“All I do is DUI defense.”

There is always that time at a party when someone will ask me what I do for a living. I proudly respond, “All I do is DUI defense.” When I tell people what I do, it inspires some mixed responses. Some folks are perplexed that anyone would provide a defense to “those people.”  Others attack my integrity and the integrity of the criminal justice system by stating that I am “just in it for the cash”  A more extreme reaction is to get so angry that you wish harm upon me and my family, “I hope that a drunk driver…

All I do is DUI defenseI have learned that often, the hate and vitriol comes from a place of great pain. Losing a loved one to drunk driving is a tragedy that is too awful for most of us to imagine.  Those who find themselves in that place have every right to seek the end of drunk driving and to be validated in their grief.  Like Candy Lightener, founder of MADD, they also have the right to turn that pain into a social movement.  And, if it helps, they have the right to be angry with me, a DUI attorney,  for defending those accused of the crime that took their loved one.

The focus of my practice and my life is preserving the rights enshrined in the Constitution and making the criminal justice system better. I have had two decades of experience in standing up for those principles. All I do is DUI defense because it is on the cutting edge of defending the Fourth Amendment, fighting against the War on Drugs, standing against petty police stops, curbing civil asset forfeiture and standing between the public and a very aggressive police force.  Being a DUI attorney allows me to represent those who need it most.

Fighting for these principles is what made me want to be an attorney.  I take great pride and find nobility in my efforts. I have taken solace in a quote from the great Clarence Darrow,

“To be an effective criminal defense counsel, an attorney must be prepared to be demanding, outrageous, irreverent, blasphemous, a rogue, a renegade, and a hated, isolated, and lonely person – few love a spokesman for the despised and the damned.”

“All I do is DUI defense.”