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Download the DaytonDUI Android App

May 23rd, 2013

After much hard work (harder than I expected) we are proud to announce the launch of the DaytonDUI Android App.  The app is our latest attempt to bring you information on Ohio’s tough drunk driving laws and make it easier for our clients to avoid a drunk driving situation.  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.  This app is the result of the hard work of Mary Johnson at WebSite Helper who has worked tirelessly to make my vague ambitions a reality.

The app is our latest attempt to stay on the cutting edge of DUI defense and provide our clients with exceptional service.  If you like the app, take time to sign up for our free text alert service which provides timely information on OVI checkpoints and law enforcement activities in and around the Miami Valley.  You can also join us on Facebook and Twitter.  Like video?  Try the DaytonDUI channel on YouTube.  You can reach us 24/7 on the DaytonDUI Hotline at (937) 776-2671.  Of course, I am partial to the Dayton DUI blog which has been my flagship service since 2005.  At DaytonDUI, we work very hard to bring you the best service that a DUI attorney can provide.  Please consider our service if you, or someone you love, is accused of drunk driving.

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Dayton DUI Answers The Question, “Should I Blow?”

May 22nd, 2013

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.

a. I am an Ohio license holder, 21 years or older; AND

b. 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

c. I do not have a commercial driver’s license (CDL); AND

d. 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.

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 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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Posted in Breath Testing

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Blood Contamination & Candida Albicans (by DaytonDUI)

May 10th, 2013

Feeling Faint

If a blood sample is not properly preserved it can decompose.  One of the results of decomposition is the creation of alcohol.  According to Lawrence Taylor in his seminal Drunk Driving Defense, 6th Ed., pp. 561, “Ethyl alcohol is generated by fermentation of carbohydrates and proteins in the blood sample.  This occurs through the actions of various microorganisms.  The simplest and one of the most common processes is the breakdown of enzymes by one of various species of the yeast Candida, such as Candida albicans.”  The results of the fermentation in the blood vial is dramatic.  For example, a blood sample which contains no alcohol can decompose and cause a reading of .25 percent or even higher, depending on the stage of decay. (See Taylor, Id. at 561).

Proper handling of the blood sample requires the refrigeration of the blood sample.  The problem is that refrigeration can only slow down the decomposition process not end it completely.  Another protective measure is the addition of a preservative, such as sodium fluoride.  Scientific studies (as cited in Taylor, Id. at 563) suggest that sodium fluoride can be ineffective in preventing alcohol production by Candida albicans.  Counsel should also be aware of common human errors which can occur following collection of the blood sample.  It is not at all uncommon for the blood to be collected and the vial not inverted to allow the mixing of the preservative and the sample.  Make sure that your DUI defense attorney is aware of these problems which may prevent the introduction of your blood test, or provide you with a viable defense in your case.

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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Posted in Blood & Urine Tests

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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.

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Posted in Beavercreek DUI, Fairborn DUI, Greene County

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“LIKE” DaytonDUI on Facebook

April 9th, 2013

facebook8,000 DaytonDUI Fans Can’t Be Wrong

If you like the articles related to Ohio DUI law that you see here, please join our 8,000+ fans on Facebook.  The Dayton DUI Facebook page is a constant feed of information related to Ohio DUI law, decisions from the Ohio and United States Supreme Court, red-light cameras, checkpoints throughout Ohio, developments in civil liberties and the latest information about DaytonDUI.  I promise to work really hard to bring you relevant, funny and enlightening content on a daily basis.  Facebook also offers you a way to participate and register your opinions about Ohio’s tough DUI laws.  So please consider giving us a “LIKE” [HERE].

Charles M. Rowland II dedicates his practice to representing the accused drunk driver in Dayton and throughout the Miami Valley.  He regularly appears in the Fairborn Municipal Court, Beavercreek Municipal Court, Clark County Municipal Court, Kettering Municipal Court, Dayton Municipal  Court, Miamisburg Municipal Court, Xenia Municipal Court, Vandalia Municipal Court, Montgomery County Municipal Court Eastern Division (Huber Heights), Montgomery County Municipal Court Western Division (New Lebanon), and in other courts throughout Ohio.

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