Posts Tagged ‘fairborn lawyer’

Top Ten Rules for Partying in Ohio

March 31st, 2014

In light of the arrest made following the University of Dayton’s victory, we offer college students these rules for partying (legally) in Ohio.

Rule #1: Don’t Drink and Drive

Ohio has some of the most stringent drunk driving laws in the county.  A first-time offender faces 180 days in jail and a one thousand seventy-five dollar fine, loss of their driver’s license for up to three years and enhanced penalties upon subsequent convictions.  A DUI (called an OVI in Ohio) is not subject to expungement, meaning it will be on your record forever, and subjects an offender to a six (6) year look-back period for enhancements and up to twenty (20) years for enhanced punishments for refusing an officer’s request to provide a breath, blood or urine sample.  In addition to the penalties you will face in court, you may face suspension from your school or other discipline. (Ohio Revised Code 4511.19)

Rule #2: Don’t Drink If You Are Under 21

It is illegal in Ohio for anyone under 21 to purchase, possess or consume an alcoholic beverage.  A conviction of Underage Consumption is a first degree misdemeanor and carries a maximum fine of $1,000.00 and/or up to six months in jail.  Despite efforts to lower the drinking age, the law remains rigidly enforced.  Athletes, students on scholarship and students who live in on-campus housing may face additional harsh penalties for underage drinking and be particularly vulnerable to the penalties that are sure to follow an arrest.  Ohio Revised Code Section 4301.69 contains most of the information concerning underage alcohol possession and use. Penalties are in Ohio Revised Code Section 4301.99.

Rule #3: Don’t Furnish Alcohol to Minors

Furnishing someone under 21 with alcohol is a first degree misdemeanor.  If you are providing the alcohol, make sure you know where it is going.  You may be responsible if an underage person consumes the alcohol and face harsh punishments.  Ohio regularly receives funding for programs aimed at curbing underage drinking and uses these funds to go after people providing the booze.  The bigger your party the more likely it is to draw attention from law enforcement.

Rule #4: Don’t Use a Fake ID

Just possessing  a fake ID is illegal in Ohio and is classified as a first degree misdemeanor.  Using the fake ID to purchase alcohol is punished by a mandatory $250.00 fine and may result in a 3 year driver’s license suspension.  A popular enforcement method is for police officers to serve as vendors in drive-through establishments:  “COPS IN SHOPS”

Rule #5: Don’t Drink Where You Shouldn’t

Ohio has an open container law.  It is a minor misdemeanor to possess in public an open container of an alcoholic beverage.  You are subject to a fine of up to $150.00 (a minor misdemeanor).  Possession of alcohol while in a car bumps the charge up to a fourth degree misdemeanor and subjects the offender to 30 days in jail. 4301.62 Opened container of beer or intoxicating liquor prohibited at certain premises.

Rule #6: Don’t Be Drunk In or Near a Car

Pursuant to Ohio Revised Code 4511.194 (effective Jan. 1, 2005), it is illegal to be in physical control of a vehicle while under the influence. “Physical Control” is defined as being in the driver’s seat of a car and having possession of the vehicle’s keys.  Physical Control does not require that the vehicle have ever been driven or even started.  Under the statute, having the keys within reach will satisfy the definition of having “physical control.”   The crime is one of potentiality, (i.e. you are so close to driving that we will punish you) and speaks to the growing neo-prohibitionist tendencies in Ohio law.

Rule #7:  Don’t Be Disorderly

Disorderly conduct can occur from simply being intoxicated in public.  Officers are given a great deal of discretion in determining what constitutes disorderly behavior.  Disorderly conduct occurs when one recklessly causes inconvenience, annoyance or alarm to another due to offensive conduct. Disorderly conduct also occurs when one makes unreasonable noise in such a manner as to violate the peace and quiet of the neighborhood or to be detrimental to the life and health of any individual.  While normally a minor misdemeanor ($150.00 fine) a disorderly conduct can be enhanced to a fourth degree misdemeanor (30 days jail/$250 fine) if an officer tells you to stop the behavior and you persist. See O.R.C. 2917.11 Disorderly Conduct.

Rule #8: Don’t burn stuff

Intentionally setting fire to property that might endanger other or their property, in fact damages the property of another and/or preventing police, fire or EMS personnel from doing their job is a violation of O.R.C. 2909.01 to 2909.0.  Students at public universities in Ohio who are found guilty of these crimes will lose all state-funded financial aid for two years.

Rule #9: Disperse When Instructed

Failure to disperse is also a crime in Ohio.  You should begin walking away and/or go indoors upon such an order. You must obey all lawful orders given by such persons at an emergency site.  A recent revision in the law makes a failure to disperse in situations such as campus area riots an offense for which you can be arrested and jailed. If you actively hamper police officers, firefighters, emergency medical personnel, and other public officials while they are doing their jobs you subject yourself to the charge of Misconduct During An Emergency.

Rule #10 Don’t Riot

The party is getting out of control.  If more than five people are engaging in disorderly behavior the party may be deemed a riot under Ohio law.  Your participation in a riot may subject you to criminal penalties. If there is violence involved the rioting gets bumped up to aggravated rioting.  Aggravated rioting is a felony level offense.  Those found guilty of rioting and aggravated rioting must be dismissed from their university and are not permitted to enroll in any state-supported institution of higher education for one year.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Huber Heights, Beavercreek, 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, www.facebook.com/daytondui and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.comor write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

Pay Your Ticket Online At The Fairborn Municipal Court

December 12th, 2013

fairborn municipal courtThe Fairborn Municipal Court allows you to pay your tickets online.  The following excerpts are taken directly from the Fairborn Municipal Court website and are meant to help you access this service.

Ohio law allows certain traffic citations to be resolved by a Traffic Violations Bureau instead of appearing in Court. If your citation qualifies, payment can be made to the Fairborn Municipal Court either in person, by mail, or now online, as long as it is received by the Fairborn Municipal Court Clerk’s office prior to the Court date and time which can be found on the bottom of your citation or by accessing the record search information. You must pay the full amount, NO partial payment can be accepted.

Citations That Do Not Qualify

If a citation includes any mandatory offense, it is NOT payable online and a Court appearance is required. What follows is a list of offenses that cannot be paid online requiring a Court appearance:

  • Any felony or indictable offense
  • Operating a motor vehicle under the influence of alcohol or drugs of abuse, or permitting another to do so
  • Leaving the scene of an accident
  • Driving under suspension or without a license except for expired license of less than six (6) months
  • Third moving violation within 12 months
  • Eluding/fleeing a police officer
  • Drag racing
  • Physical control
  • Illegal license plates
  • Any speed clocked at 100 MPH or more
  • Passing a school bus
  • Some railroad crossing violations
  • Reckless operation of a motor vehicle
  • Overload violations
Proof of Insurance

Proof of insurance is a State of Ohio requirement. To verify that you showed proof of insurance to the Officer at the time of the offense, click the case number(s) on the list of case numbers matching your search criteria to see detailed information for the case.  If you showed proof of insurance at the time of the offense (indicated as “Proof of Ins.?: Shown”), then you have complied with the State of Ohio requirements, no further action on your behalf is required. If you did not show proof of insurance at the time of the offense (indicated as “Proof of Ins.?: Not Shown”), the Court is required to notify the State of Ohio Bureau of Motor Vehicles who in turn will mail you a request for proof of insurance. Failure to comply will result in a suspension of your driving privileges. DO NOT SEND PROOF OF INSURANCE TO THE COURT AFTER PAYMENT.

Final Authorization

By submitting your information to request payment, you understand that you are pleading “Guilty” to all charges against you as listed on the citation, consequently waiving your right to an appearance in court or to a trial. You further understand that, when processed, this will close your case and the Court will forward this information to the Bureau of Motor Vehicles and the appropriate points will still be added to your license. This secure site utilizes encryption technology and every precaution has been taken to reduce the possibility of unauthorized access to your private information while it is transferred over the internet. However, by submitting this information electronically, you are acknowledging that neither the Fairborn Municipal Court, the Clerk of the Fairborn Municipal Court, nor the City of Fairborn assumes any liability for data submitted via this site (please read our privacy statement).

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 information about the Fairborn Municipal Court, or check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

Pay On-Line At The Fairborn Municipal Court

May 9th, 2013

Did you know that you can pay your fines on-line at the Fairborn Municipal Court?

fairborn muni 2

Listed below is information taken from the Fairborn Municipal Court website regarding on-line payments.  If you have any questions about this process, or you find yourself facing an OVI charge in the Fairborn Municipal Court, please contact Charles M. Rowland II at (937) 318-1384 or 1-888-769-5263 [888-ROWLAND].

Payment of Citation Without Court Appearance (Waivers)

Ohio law allows certain traffic citations to be resolved by a Traffic Violations Bureau instead of appearing in Court. If your citation qualifies, payment can be made either in person, by mail, or now online, as long as it is received by the Clerk’s office prior to the Court date and time which can be found on the bottom of your citation or by accessing the record search information. You must pay the full amount, NO partial payment can be accepted. Court records are updated every 24 hours, so if you forgot or missed your court date, you should check the status after that time. You may still qualify to pay. If you do not qualify for payment, you MUST appear in person at the Clerk’s office as a warrant has already been issued for your arrest and/or notification to the Bureau of Motor Vehicles of a license forfeiture and/or block along with additional fees.

Multiple Violations on Citation(s)

The result of your search will display all cases relevant to that search. Tickets can contain up to seven (7) separate charges. If you are paying to waive a court appearance, make sure you are paying all the charges. Multiple cases per ticket are listed with letters after the case number (ex. TRD10000001A, TRD1000001B, TRD1000001C, etc.).

Proof of Insurance

Proof of insurance is a State of Ohio requirement. To verify that you showed proof of insurance to the Officer at the time of the offense, click the case number(s) on the list of case numbers matching your search criteria to see detailed information for the case. If you showed proof of insurance at the time of the offense (indicated as “Proof of Ins.?: Shown”), then you have complied with the State of Ohio requirements, no further action on your behalf is required. If you did not show proof of insurance at the time of the offense (indicated as “Proof of Ins.?: Not Shown”), the Court is required to notify the State of Ohio Bureau of Motor Vehicles who in turn will mail you a request for proof of insurance. Failure to comply will result in a suspension of your driving privileges. DO NOT SEND PROOF OF INSURANCE TO THE COURT AFTER PAYMENT.

Citations That Do Not Qualify

If a citation includes any mandatory offense, it is NOT payable online and a Court appearance is required. What follows is a list of offenses that cannot be paid online requiring a Court appearance:

  • Any felony or indictable offense
  • Operating a motor vehicle under the influence of alcohol or drugs of abuse, or permitting another to do so
  • Leaving the scene of an accident
  • Driving under suspension or without a license except for expired license of less than six (6) months
  • Third moving violation within 12 months
  • Eluding/fleeing a police officer
  • Drag racing
  • Physical control
  • Illegal license plates
  • Any speed clocked at 100 MPH or more
  • Passing a school bus
  • Some railroad crossing violations
  • Reckless operation of a motor vehicle
  • Overload violations 

Payment of Citation After Court Appearance

Payment of Fines/Costs are also accepted by the Clerk’s Office as long as it is received prior to your scheduled court date. If you missed the date, you MUSTappear in person at the Clerk’s Office as a warrant may have been issued for your arrest and/or notification to the Bureau of Motor Vehicles of a license forfeiture and/or block along with additional fees.

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 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 on Twitter at www.Twitter.com/DaytonDUI or Get Twitterupdates 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.

Prior Convictions Used To Enhance An OVI

March 20th, 2013

English: Main section of prisoners' call block...

It is not uncommon for a client to choose my representation on a second, third, or fourth OVI offense.  One of the first things we check is whether or not the client was represented by an attorney in the previous convictions.  We also check to see if the prior plea had a valid waiver of counsel.  Both of these issues were addressed by the Ohio Supreme Court in State v. Brooke, 113 Ohio St. 3d 199, 2007-Ohio-1533, 863 N.E. 2d 1024 (2007), wherein the Court stated:

Generally, a past conviction cannot be attacked in a subsequent case.  However, there is a limited right to collaterally attack a conviction when the state proposes to use the past conviction to enhance the penalty of a later criminal offense.  A conviction obtained against the defendant who is without counsel, or its corollary, an uncounseled conviction obtained without a valid waiver of the right to counsel, has been recognized as constitutionally infirm.

The case law following State v. Brooke has led to many cases which result in client’s not having a subsequent OVI enhanced.  This area of law is fact dependent and your attorney should make a thorough review of the law in your court and appellate district when pursuing this line of collateral attack.  The Ohio Supreme Court has set forth precedent that it is the defendant’s responsibility and burden to make a prima facie showing of a defect in the prior plea.  Upon this prima facie showing, the burden shifts to the state to rebut the evidence by showing that the plea did, in fact, contain a valid waiver of counsel.  See State v. Thompson, 2007-Ohio-6098 (Ohio Ct. App. 5th Dist. Fairfield County 2007). 

In 2007, the Ohio Legislature passed 2007 Am. Sub. S.B. 17 which added 2945.75(B)(3).  The purpose of this law was to overrule the law set forth in State v. Brooke which required the defendant to raise a prima facie showing and instead, place on the defendant the burden of proving by a preponderance of the evidence that the prior plea was infirm.  As Judge Weiler points out in Ohio Driving Under The Influence Law, 2011-2012 ed., pp. 402, “It will undoubtedly be challenged in the future as a violation of procedural due process. But, it will be some time before the matter reaches the appellate level and even longer before it is reviewed by the Ohio Supreme Court.”

Dayton DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in FairbornSpringfieldKetteringVandaliaXeniaMiamisburgHuber HeightsBeavercreekCentervilleSpringboro, Franklin 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 Twitterupdates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook,www.facebook.com/daytondui 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.

Fairborn OVI Attorney

February 28th, 2013

Arrested for OVI in Fairborn?

Do you have a DUI case in FairbornBathTownshipBeavercreek or Beavercreek Township, your misdemeanor OVI case will be heard in the Beavercreek/Fairborn Municipal Court, 1148 Kauffman Ave. in Fairborn, Ohio.  If you need to find information about a case in the Fairborn Municipal Court you can search HERE for case information or visit the court’s web site HERE.

Charles M. Rowland II, a life-long resident of Greene County,  has represented the accused drunk driver in the Fairborn Municipal Court  since 1995.  Charles Rowland dedicates his practice to OVI law and has some of the most impressive credentials for OVI attorneys in the state of Ohio.  If you find yourself in need of criminal representation in the Fairborn Municipal Court, contact Fairborn DUI Attorney Charles M. Rowland II today!  You can reach Charles Rowland at 937-318-1DUI (318-1384), 1-888-ROWLAND (888-769-5263), or 24/7 on the after-hours DUI Hotline at 937-776-2671, by texting DaytonDUI (one word) to 50500 or by visiting www.FairbornDUI.com, orwww.BeavercreekDUI.com.