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Butler County Municipal Courts: Area I (Oxford), Area II (Hamilton), Area III (West Chester)

May 14th, 2012
Butler County Courthouse showing side and rear...

If you are arrested on suspicion of misdemeanor OVI in Butler County, Ohio you may be confused about which Court will hear your case.  Butler County, Ohio is actually served by three “Area” municipal courts.

  • Area I Court, 118 West High Street Oxford, OH 45056 (513) 523-4748
  • Area II Court, Butler County Historic Courthouse 101 High Street Hamilton, OH 45011 (513) 887-3459
  • Area III Court, 9577 Beckett Road West Chester, OH 45069 (513) 867-5070

The Butler County Area I Court is presided over by the Honorable Robert H. Lyons.  Judge Lyons was appointed to the bench, and began presiding over affairs of the Butler County Area I Court in Oxford, Ohio, on February 8, 1999. He was re-elected in 2006 for his second term to serve until January 2013.  The territorial jurisdiction of the Area I Court includes the City of Oxford and all of Milford, Morgan, Oxford, Reily and Wayne Townships.  Area I Court is open Monday-Friday from 8 a.m. to 5 p.m.  Butler County Area I Court hears criminal and traffic cases on Thursday of each week. The Judge holds court from 10:00 A.M. to 12 noon. At 11:30 A.M, the Court hears Reviews of prior cases and cases with Orders to Appear. Prisoners are arraigned at approximately 1:30 P.M. Preliminary hearings, bench trials, and reviews of prior cases begin after the completion of the arraignments. Afternoon Court remains in session until all cases on the docket have been heard.

The Honorable Judge Kevin C. McDonough was appointed to the Area II Court bench on January 4, 2007. He was elected in November, 2008 to finish the unexpired judicial term for the Area II Court.  He sits in the historic courthouse in downtown Hamilton. The Area II jurisdiction covers Hanover, Fairfield and Liberty townships.  Area II Court is open Monday-Friday from 8 a.m. to 5 p.m.  Butler County Area II Court is in session on Wednesday of each week. The judge holds the morning session of court from 9:30 A.M. to completion. Traffic cases are heard beginning at 9:30 A.M. Humane association citations and park violations are heard beginning at 11:00 A.M.  The afternoon session of court begins at 1:30. Prisoners are arraigned at approximately 1:30 P.M. Preliminary hearings, bench trials, and reviews of prior cases are heard immediately after prisoners. The afternoon session of Court continues until all cases on the docket have been heard.

The Honorable Judge Dan Haughey was elected to the Butler County Area III bench on November 4, 2008.  The Area III jurisdiction includes the Butler County communities of West Chester and Monroe.  Area III Court is open Monday-Friday 8 a.m. to 5 p.m.  Butler County Area III Court is in session on Tuesday, Bench trials are scheduled on  Friday each month.  A Fine Review Docket is also scheduled on Friday each month.  On Tuesday, court is in morning session from 8:00 a.m. to completion and in afternoon session from 1:00 p.m. to completion.  The schedule is as follows: 8:00 a.m. Traffic, Operator’s License issues, Criminal and Domestic Violence dockets; 1:00 p.m. Felony Prisoner Arraignments, Probation Violations and Non-English speaking cases.  An interpreter is present for the afternoon docket. 1:30 p.m. Preliminary Hearings.

Charles M. Rowland II has been serving the accused drunk driver in Butler County since 1995.  He can help you win your case.  Whether your case will be heard in Area I (Oxford), Area II (Hamilton) or Area III (West Chester) contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (1-888-769-5263).  For after-hours help contact our24/7 DUI HOTLINE at 937-776-2671.  Visit www.DaytonDUI.com, or get immediate help by filling out the CONTACT form on any of these pages.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI onTwitter at www.Twitter.com/DaytonDUI or Get Twitter updates via SMS by texting follow DaytonDUI to 40404. DaytonDUI is also available on Facebook and you can access updates by becoming a fan of Dayton DUI/OVI Defense.  You can also email Charles Rowland at:CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

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OVI Checkpoint In Greene County (May 11, 2012)

May 11th, 2012

Law enforcement officials will conduct an OVI checkpoint along Col. Glenn Highway near Zink Road and Wright State University from 8pm until midnight.  The  checkpoint will  be conducted by the Ohio State Highway Patrol in conjunction with local police support.  You should expect that the OVI checkpoint will be accompanied by saturation patrols.

If you want to receive updated information on sobriety checkpoints,  enhanced traffic enforcement, saturation patrols and other important developments that affect you, sign up for text alerts on the main page of this blog.  Text alerts will be sent directly to your mobile device/smartphone in the location you choose in the Miami Valley.  In the past month we have alerted our followers to the State Route 35 traffic initiative and three local sobriety checkpoints.  You should also know that we respect your trust and we will never send you irrelevant information and/or advertisements.  This service is free and available to the general public.

You can also put DaytonDUI on your Android Smart phone via the DaytonDUI app.  The app helps you know your rights and know yourself by providing a drink tally so that you do not overindulge.  You can send safe drinking tips to friends or use the app to find the nearest taxi for a safe trip home.  The app brings you the best of DaytonDUI’s video and audio content and gives you a chance to take pictures and record memories so that you can aid in your own defense.  Our sincere desire is to make our roads a safer place.

Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (1-888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  Immediate help is available by filling out this CONTACT form.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter at www.Twitter.com/DaytonDUI or Get Twitter updates via SMS by texting follow DaytonDUI to 40404. DaytonDUI is also available on Facebook and you can access updates by becoming a fan of Dayton DUI/OVI Defense.  You can also email Charles Rowland at: CharlesRowland@CharlesRowland.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

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Alcohol and Energy Drinks (by DaytonDUI.com)

May 10th, 2012
One 23.5 ounce can of the Four Loko alcoholic ...

In 2005, the Drink Four  Brewing Company introduced Four Loko to the American malt beverage market. The name “Four” is derived from the original energy drink’s four main ingredients: alcohol, caffeine, taurine, and guarana.  There are three product lines within the Four brand:

  • Four Loko — contains either 6%, 8%, or 12% alcohol by volume (ABV), depending on state regulations, and is packaged in 23.5 oz. cans
  • Poco Loko — contains 8% alcohol by volume (ABV), and is packaged in 16 oz. cans
  • Four Loko in bottles — contains either 6% or 8% alcohol by volume (ABV), and is packaged in 11.2 oz. glass bottles

Original formulations of both beverages were a malt liquor-based, caffeinated alcoholic energy drink with added guarana and taurine. The formulations were developed by three alumni of The Ohio State University: Chris Hunter, Jeff Wright, and Jaisen Freeman.  Almost immediately following the introduction of the drinks, a coalition formed in opposition to the beverage.  Critics suggested that consuming energy drinks with alcohol can be harmful in reducing the perception of alcohol intoxication and/or in leading to increased alcohol or drug consumption.

In 2009, a group of US state attorneys general began active investigations of companies which produced and sold caffeinated alcohol beverages, on the grounds that they were being inappropriately marketed to a teenage audience.  The attorneys general were also concerned that these drinks could pose health risks by masking feelings of intoxication.  Colleges and universities joined the chorus against the beverages in 2010 when they began to see injuries and blackouts related to the drink’s use.  The University of Rhode Island banned this product from their campus on November 5, 2010. [sourced via Wikipedia].  Several stores, including Tops Markets, Price Chopper and Wegmans have voluntarily pulled the product from their shelves.

Under mounting pressure, Phusion withdrew Four Loko from the State of New York in November, 2009.  The beverage was banned in Oregon by a 4-1 vote of the Oregon Liquor Control Commission in that same month.  Citing health and safety concerns, Oklahoma joined the movement against the sale of Four Loko.  Michigan soon followed suit.  Id.  According to a statement from the Michigan Liquor Control Commission, “The decision was made in light of several studies regarding alcohol energy drinks, the widespread community concerns aired by substance abuse prevention groups, parent groups and various members of the public, as well as the FDA’s decision to further investigate these products.” [source]  The New York State Liquor Authority moved for a full  ban as of November 19, 2010. New York state senator Chuck Schumer and New York City councilman James Sanders Jr. have approached the Obama administration to ban Four Loko across the state of New York.  Ohio did not join the stampede.  Instead, they took a wait and see approach.  ”We are continuing to monitor the situation,” a representative of the Ohio Department of Commerce Division of Liquor Control said. “However, a legislative change would be needed to the statute in order for the superintendent to disapprove a product.” [source]

On November 17, 2010 the U.S. FDA Food and Drug Administration dropped the proverbial hammer.  They issued a warning letter to four manufacturers of caffeinated alcohol beverages citing that the caffeine added to their malt alcoholic beverages is an “unsafe food additive” and said that further action, including seizure of their products, may occur under federal law.  It declared that beverages that combine caffeine with alcohol, such as Four energy drinks, are a “public health concern” and can’t stay on the market in their current form.  But is this drink really a public menace?

As reported at Alcohol Problem and Solution, a site maintained by Dr. David J. Hanson of the State University of New York, the research does not support the level of outrage generated by the public.  To examine the scientific evidence on the effects of mixing energy drinks and alcohol, a review of the research was conducted. It found

  • virtually no evidence that energy drinks influence any behavioral effects of alcohol,
  • no reliable evidence that energy drinks effect the perceived level of intoxication by drinkers,
  • no evidence that mixing energy drinks and alcohol leads to alcohol or drug abuse or dependence, and
  • no adverse health effects for healthy individuals from combining energy drinks and alcohol.

The review was conducted by researchers at the Utrecht Institute for Pharmaceutical Sciences at Utrect University, Utrecht, The Netherlands, and published in the International Journal of General Medicine.  If you wish to review the research, please consult the following:

  • Greenemeier, L. Why Are Caffeinated Alcoholic Energy Drinks Dangerous? Scientific American, November 9, 2010.
  • Hendrick, B. Dangerous Cocktail: Energy Drinks + Alcohol: Mixing Booze With Energy Drinks Triples Risk of Getting Drunk. WebMD Health News, February 12, 2010.
  • Join Together Staff. Combining Energy Drubks with Alcohol More Dangerous than Drinking Alcohol Alone. JoinTogetherOnline.com, April 18, 2011.
  • Jones, S.C., et al. Why (not) alcohol energy drinks? A qualitative study with Australian university students. Drug and Alcohol Review, published online May 24, 2011. DOI: 10.1111/j.1465-3362.2011.00319.x
  • Minderhout, C. Energy Drinks and Alcohol Still a Risky Mix. Food Safety News, May 2, 2011.
  • Park, A. A Bad Mix: Why Alcohol and Energy Drinks Are Dangerous:
    Healthland Time, April 18, 2011.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro, Huber Heights, Oakwood, Beavercreek, Centerville and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324. “All I do is DUI”

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DUI Science: How To Read The Correlation Studies in the NHTSA Manual

May 8th, 2012

Researchers at the National Highway Traffic Safety Administration (NHTSA) have created a booklet for law enforcement called “Guide for Detecting Drunk Drivers at Night.”  This guide sets forth some of the most common and reliable indicators of drunk driving.  The list divides driving behaviors into four areas of clues that officers are trained to look for: Maintaining Lane Position, Speed and Braking, Vigilance, and Judgment.  The following is a list of symptoms in descending order of probability that the person observed is at or above a .10% BAC, thus statutorily driving while intoxicated.

  1. Turning with a wide radius
  2. Straddling center of lane marker
  3. “Appearing to be drunk”
  4. Almost striking object or vehicle
  5. Weaving
  6. Driving on other than designated highway
  7. Swerving
  8. Speed more than 10 mph below limit
  9. Stopping without cause in traffic lane
  10. Following too closely
  11. Drifting
  12. Tires on center or lane marker
  13. Braking erratically
  14. Driving into opposing or crossing traffic
  15. Signaling inconsistent with driving actions
  16. Slow response to traffic signals
  17. Stopping inappropriately (other than in lane)
  18. Turning abruptly or illegally
  19. Accelerating or decelerating rapidly
  20. Headlights off
What’s more, they have assigned a probability of intoxication to each of the indicators.  For example, a person who turns with a wide radius will have a blood-alcohol concentration of .10 or higher 65 out of 100 times.  A person who  appears drunk will have a blood-alcohol concentration of .10 or higher 60 times out of 100.  There is also a procedure for calculating multiple factors, “When two or more cues are seen, add 5% to the highest value among the cues observed.”  If we see turning with a wide radius and a suspect who appears drunk, we take the higher number and add 10 (65 + 5 = 70).   Thus, 30 people out of 100 who appear drunk and turn with a wide radius are not at or above the .10 BAC threshold.

Another example: drifting at night had a 45% correlation to a .10 BAC or more and braking erratically  has a correlation of  35% to a BAC of .10 or more.  Thus if we have a driver who was breaking erratically (35%) and drifting (45%) we add 5% to the highest clue to conclude that the driver would have a correlation of 50% to a BAC of .10 or more (only if he or she were driving at night, of course).  Let’s throw in another clue.  Say our suspect was also turning with a wide radius which is correlated to a 60% chance the driver is above a .10 BAC.  When three or more clues are present we add 10% to the highest clue total (in this case the 60% turning with a wide radius) for a total correlation of 70%.  The individual clues have numbers written beside them in the manual which gives the correlation for the clue alone and in combination.  For instance “Problem Maintaining Proper Lane Position” has a correlation of 50% when indicated alone and a 75% correlation when combined with any other clue.  You can visit the NHTSA website at http://www.nhtsa.gov/people/injury/alcohol/dwidwihtml/index.htm for more on the studies and the driving clues or read How to Beat a DUI by James Nesci, pp. 13-15.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro, Huber Heights, Oakwood, Beavercreek, Centerville and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324. “All I do is DUI”

 

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Commercial Driver’s License Disqualification in Ohio

May 4th, 2012
English: A sign that states "No Texting W...

You will lose your Ohio CDL for one year if convicted of any of the following offenses:

  • Driving any vehicle with a blood alcohol count (BAC) of 0.08% or higher
  • Driving a commercial motor vehicle (CMV) with a BAC of 0.04%
  • Refusing to submit to a sobriety test
  • Leaving the scene of an accident
  • Using the vehicle to commit a felony
  • Driving a commercial motor vehicle (CMV) with a suspended, revoked or canceled CDL
  • Causing a fatality through negligent driving

Serious Offenses, These violations include:

  • Speeding 15 mph over the posted speed limit
  • Reckless driving
  • Improper lane changes
  • Following a vehicle too closely
  • Driving a CMV without holding a CDL
  • Driving a CMV without having your CDL in your possession
  • Driving a CMV without the proper CDL endorsement
  • Violating a state law of texting while driving

A second conviction of any combination of these violations will lead to the loss of your driving privileges for 60 days, or 120 days for a third or subsequent conviction of any combination of these offenses.  If you plan to fight your traffic ticket, Legal counsel will improve your chances for a favorable decision. This could mean reduced charges or ticket dismissal, possibly sparing you of points, the possible suspension of your Ohio driver’s license and increased auto insurance rates.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro, Huber Heights, Oakwood, Beavercreek, Centerville and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324. “All I do is DUI”

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