Posts Tagged ‘dui’

Huber Heights OVI Attorney Charles Rowland

July 16th, 2014

huber heights ovi attorneyHuber Heights OVI Attorney Charles M. Rowland II has represented clients in the Montgomery County Municipal Court (Eastern Division) since 1995.  He limits his practice to OVI defense and stays on the cutting edge of OVI science and the tactics necessary to defend your case.  Contact Huber Heights OVI Attorney Charles M. Rowland II at (937) 318-1384 or 888-ROWLAND.

Here is some important information about the Montgomery County Municipal Court (Eastern Division).  If you have a Huber Heights OVI charge, your case will be heard in the Montgomery County Municipal Court (Eastern Division).  Many refer to Area II as the Huber Heights Municipal Court, but the court’s jurisdiction is larger, covering regions in north-east Montgomery County including the city of Riverside, Ohio.  The Montgomery County Municipal Court, Eastern Division is located at 6111 Taylorsville Rd., Huber Heights, OH 45424-2951.  You can contact the court’s Traffic/Criminal Division at (937) 496-7231, the Civil Division at (937) 225-5824 and you can fax information to (937) 496-7236.  Pay your ticket on-line HERE, get information about jury service HERE, access important phone numbers HERE, and search public records HERE.  The judges who will hear your Huber Heights DUIcase are the honorable James D. Piergies and  James A. Hensley.

Huber Heights OVI Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Huber Heights, Riverside and throughout Ohio.  He has the credentials and the experience to win your case and has made himself Huber Heights’ 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.”

 Huber Heights OVI Attorney information and other city-specific info at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

Are You The Best OVI Attorney In Dayton?

July 10th, 2014

best ovi attorney in daytonAre you the best OVI attorney in Dayton?

Often a prospective client will ask if I am the “best OVI attorney in Dayton.”  I always answer this question by saying that I am a damn good OVI attorney, but you should investigate me to determine if I am the best attorney for you.  The most important decision you will make in your case is determining who will represent you.  Here are some things to help you find the best OVI attorney in Dayton – FOR YOU.

How Much Of Your Practice Is Dedicated To OVI Defense?  

OVI defense is a complex area of law involving forensic science, specialized knowledge and litigation techniques specific to OVI.  Successful practitioners will have access to information, arguments, experts and materials that come from being exposed to multiple OVI cases.  OVI attorneys will have blogs, websites, materials, scientific studies, and books specific to the field.  Ask your potential attorney what OVI-specific organizations he belongs to, what legal education conferences he has spoken at or attended. Ask your potential attorney to hand you his or her copy of the NHTSA Student Manual that he will use in court.  Does the attorney have one?  Is it up to date?  Thanks to the internet you can find out all you need to know by looking at other sites that the attorney is featured on.  On www.AVVO.com, attorney profiles have a breakdown of the lawyer’s practice areas that are self-reported by the attorney.  Your search for the best DUI attorney should start with a determination if the attorney does, in fact, practice in the area for which you are seeking representation.

I limit my practice to OVI defense.  100% of my time and energy is devoted to representing the accused drunk driver. 

What Are Your OVI Credentials?

Your search for the best OVI attorney should include a discussion of the attorney’s credentials. Credentials are earned through hard work and dedication to the cause of drunk driving defense.  Often, DUI attorneys receive specialized training and certification on the breath testing machines in their jurisdictions.  These certifications are invaluable in understanding how a machine could malfunction or give a falsely high reading.  Dedicated DUI counsel can also receive specialized training in the Standardized Field Sobriety Testing by becoming certified to administer and evaluate the field tests.  Having worked both sides of the DUI issue can also be an important credential.  Has the attorney ever worked as a prosecuting attorney?  Has the attorney ever prosecuted a DUI case?  Has the attorney ever lectured or written on DUI topics for journals, newspapers or bar associations?  The truth is that the internet has many directories or referral services where an attorney can be listed as a “DUI” attorney with little or no DUI experience whatsoever.  Yellow page advertisements, which often have DUI listed among many other practice areas, can also be misleading as to DUI credentials.  It is up to you to dig deeper and demand that the attorney demonstrate a depth of knowledge in DUI defense.

See the “About Me” section above to learn about my DUI credentials.  I am very proud of my credentials.  I believe myself to be amongst the most qualified and credentialed DUI attorneys in the country.  What is more, I am constantly trying to learn and improve.  You deserve nothing less.

Are You Experienced? Have You Ever Been Experience? Well, I Have

There is no substitute for experience. You should be confident in the knowledge that you have hired 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? Cops? Other Lawyers? 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?

I can answer “YES” to each of these questions.  In addition to my lectures and writings on DUI topics I have testified as an expert witness on evidential breath testing for the United States government.  I am also proud to be the DUI defense attorney brought in to cross-exam police cadets at the Greene County Police Academy mock trial.

Will You Be Representing Me?

If you meet with a highly qualified, experienced and credentialed DUI attorney, make sure that he or she will be the attorney representing you at each stage of the case.  If the attorney says that his firm uses a “team approach” this may  be a way of saying that you will be shuffled off to an associate once you have paid.  Another evasion is for the attorney to say, “all of our attorneys are involved in your case.”  If you hire Michael Jordan make sure you don’t get someone who attended the Michael Jordan basketball camp.  Your case is the most important case in the world to you! You are not a commodity to be managed, but a client to receive the best the attorney has to offer.  When you decide that found the best DUI attorney, make sure that he or she will be the one doing the work.

At Babb & Rowland, I am the only attorney who handles drunk driving cases.  Barring an emergency I will be at every court appearance and I will be the person providing you information at every stage of your case.

What Do Other People Think Of You?

The legal profession requires a high degree of collaboration and cooperation with others in the legal community.  Often, successful attorneys will be an active member of their local or state bar associations.  Like jury trials, serving on boards, taking on leadership positions and having valuable “real-life” experiences demonstrate that the attorney has the ability to represent your interest.  You can also see your attorney’s rankings and endorsements on www.AVVO.com.  Use this information to inform your opinion.  Also, be sure to meet with the attorney face to face.  There is nothing like sitting down and having a conversation with someone to learn about that person.  Trust your instincts!  If something about the attorney seems off-putting in his office, imagine how nervous you will be when that attorney goes into a room to talk about your life without you there.  The DUI experience is traumatic and you are very vulnerable, so consider bringing someone you trust to interview the attorney with you.

At DaytonDUI we have developed a vibrant online community at www.Facebook.com/daytondui.  Join me to get an idea about my personality and my passion for my clients.  You can also refer to the About Me section of this blog to see that I have a long history of serving the bar, serving in leadership positions and volunteering my time to help others. 

Who Do You Work With?

DUI attorneys often rely on expert witnesses in defending cases, so being the best DUI attorney will mean using the best experts. Experts can prove vital to raising defenses to chemical tests and challenging the officer’s interpretations at the scene.  Experts can include optometrists, accident reconstruction experts, psychologists, private investigators, forensic toxicologists, doctors and forensic scientists.  Experienced DUI counsel will have worked with top-of-the-line experts in court and will know how to use them to your advantage.  Another benefit of hiring experienced counsel rests in knowing when not to rely upon an expert.  Ask for names, and case references and don’t be afraid to demand an interview with the expert prior to hiring them.  Remember the attorney works for you – you don’t work for the attorney.  In my career I have been fortunate enough to work with some truly great experts.  Most often I have relied on experts in the field of forensic toxicology to challenge the evidential chemical tests and I have relied upon former law enforcement officers to challenge the officer’s observations and administration of the standardized field sobriety tests.

I regularly attend the Mastering Science in DUI Seminar through the National College for DUI Defense.  At these seminars I am able to stay on the cutting edge of DUI defense and meet the best expert witnesses in the world. 

How Do You Get Paid And What Do You Cost?

My father always said, “If you know how somebody gets paid you’ll never get ripped off.”  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)?

If the attorney won’t give straight answers to these questions be prepared to leave without hiring that attorney.  If you are shopping based on price alone, you probably won’t hire someone like me.  I am not “cheap” and I don’t want to be.  In my opinion, hiring an attorney based solely on price is as senseless as representing yourself.  Do not expect answers to fee questions over the telephone.  I cannot give you a realistic price unless I know all the information about you and your case.  It is inconceivable to me that a dedicated and ethical attorney could, or would, quote a fee without a thorough investigation of your case.  Asking for a quote over the phone is like asking the question, “what will I pay for a used car?”

So, Are You The Best OVI Attorney In Dayton? 

This entire post has been giving you ways to determine who is the best DUI attorney for you.  I hope that I have been successful in putting you in a position to decide.  Here are some more common sense points to consider. Do not hire an attorney that promises outcomes or implies that they are the only lawyer who could handle your case.  You know better!  Never hire an attorney who puts down judges, prosecutors or other attorneys.  Confidence is an essential commodity in an attorney, but 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 found the best DUI attorney. 

Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio and protecting you.  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.”

To learn more about finding the best OVI attorney in Dayton follow these links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

Driving Under The Influence of Drugs In Ohio

July 2nd, 2014

driving under the influence of drugsDriving under the influence of drugs is the next generation of OVI (operating a vehicle impaired) enforcement in Ohio. It has become a priority of the Ohio State Highway Patrol.  Here are some studies suggesting why they are focusing on this issue.

According to the 2012 National Survey on Drug Use and Health (NSDUH), an estimated 10.3 million people aged 12 or older (or 3.9 percent of adolescents and adults) reported driving under the influence of drugs during the year prior to being surveyed. This was higher than the rate in 2011 (3.7percent) and lower than the rate in 2002 (4.7 percent). By comparison, in 2012, an estimated 29.1 million persons (11.2 percent) reported driving under the influence of alcohol at least once in the past year. (This percentage has dropped since 2002, when it was 14.2 percent.)

According to the National Highway Traffic Safety Administration’s (NHTSA) 2007 National Roadside Survey, more than 16 percent of weekend, nighttime drivers tested positive for illegal, prescription, or over-the-counter drugs. More than 11 percent tested positive for illicit drugs.  According to NSDUH data, men are more likely than women to drive under the influence of drugs or alcohol. And young adults aged 18 to 25 are more likely to drive after taking drugs than other age groups.  One NHTSA study found that in 2009, 18 percent of fatally injured drivers tested positive for at least one illicit, prescription, or over-the-counter drug (an increase from 13 percent in 2005).

Driving Under the Influence of Drugs 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 learn about driving under the influence of drugs contact me, or check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

Can I Get An ALS Suspension On A Physical Control Charge?

June 26th, 2014

physical control If you are found drunk in a non-moving car, you may be charged with a violation of O.R.C. 4511.194, Physical Control of an Automobile While Impaired instead of drunk driving (O.R.C. 4511.19, OVI, DUI, OMVI).  The arresting officer, on behalf of the Ohio Bureau of Motor Vehicles (hereinafter BMV), imposes an Administrative License Suspension at the time of arrest for OVI, or OVUAC when the driver refuses to take the chemical test or takes it and has an alcohol concentration in his whole blood of .08%, blood serum or plasma of .096%, breath of .08%, or in his urine of .11 grams.

The BMV imposes an Administrative License Suspension at the time of arrest for a violation of 4511.194 when the driver refuses to take the test. If the driver takes the chemical test, no Administrative License Suspension is imposed. ORC §4511.191(C)(1).  So go ahead and take the test only if you are sure that you are not being charged with DUI!

Physical Control of a Vehicle While Impaired (O.R.C. 4511.194) is the offense of being intoxicated while in control of a car, but not having caused the vehicle to move. If you are under the influence and the prosecutor can prove that you “operated” your car and were not simply in “physical control” of your car, you may face a charge of OVI/DUI (drunk driving). Thus the legal analysis will turn on whether on the prosecutor can prove you “operated” your car. “Operation” includes causing or having caused a vehicle (such as a car, truck, RV, bicycle or motorcycle) to move. See Cincinnati v. Kelley, 47 Ohio St. 2d 94, 351 N.E.2d 85 (1976).

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 physical control  consultation contact me, or check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

Alcoholics Anonymous for Atheists?

June 23rd, 2014

Alcoholics anonymousAlcoholics Anonymous for Atheists and Agnostics? Yes, that is a thing.

AA is open to people of all beliefs, but it is undoubtedly a spiritual program that asks people to have faith in certain principles. One of the most basic requirements of the program is that people believe in a higher power. The second step talks about how members came to believe that a Power greater than ourselves could restore us to sanity. While the third step describes how they made a decision to turn our will and our lives over to the care of God as we understood Him. There is also the expectation that members will have had a spiritual experience by the time they have completed the 12 Steps.  Many people who consider themselves Atheists or Agnostics find this off-putting and some are outright hostile to the program.

The question, “Can a Court order someone who is an atheist to attend AA?” made it all the way to the United States Supreme Court. Rejecting an appeal from officials in Orange County, N.Y., the U.S. Supreme Court has let stand a ruling protecting the right of an atheist to refuse mandatory attendance at Alcoholics Anonymous meetings as a condition for probation.  Important in the court’s decision was the finding that ran counter to a standard government claim often made in connection with faith-based social programs. Justice Leval:

The County argues further that the nonsectarian nature of the A.A. experience immunizes its use of religious symbolism and practices from Establishment Clause scrutiny. The argument is at the very least factually misleading, for the evidence showed that every meeting included at least one explicitly Christian Prayer. Furthermore, the claim that nonsectarian religious exercise falls outside the First Amendment’s scrutiny has been repeatedly rejected by the Supreme Court.

Well, it turns out that a group in Kettering is attempting to square that circle.  A new “AA” program for Atheists and Agnostics is meeting at 10 a.m. Saturday at 3040 Valleywood Dr. in Kettering.

Author Marya Hornbacher knew she needed help battling her addiction but, as an atheist, Alcoholics Anonymous didn’t seem like the right place for her. Instead of attending a meeting of a secular alternative, though, she went through AA’s program, finding her own ways to get through each step. Her method placed “spirit of life and a deep faith in the value of connecting and sharing with others” above any sort of supernatural deity.  She’s written a book about the experience and it’s called Waiting: A Nonbeliever’s Higher Power.

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 learn more about Alcoholics Anonymous or an alternative contact me, or check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville