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DUI Science and Blood Contamination

March 27th, 2013

Blood Sweat and Tears. Number 2

The practice of modern DUI law involves understanding the various scientific tests that have become commonplace in forensic collection and storage of specimens for alcohol analysis.  Specifically, DUI attorneys must understand that contamination can increase the concentration of ethanol in a specimen.  Typically, contamination takes one of two forms.  The first is straight-forward physical contamination which may manifest itself before, during or after collection.  The second form of contamination occurs when microorganisms contaminate a sample and produce ethanol in the sample thereby falsely inflating the amount of ethanol therein.  This article will focus on the physical contamination that may cause an ethanol gain.

“A recognized source of physical contamination is the use of alcohol containing swabs to disinfect the area of specimen collection in the living patient.  This method of specimen contamination is well documented in the literature (Heise, 1959; Taberner, 1989; Goldfinger and Schaber 1982).  Medical-Legal Aspects of Alchol, 4th ed., edited by James C. Garriott, pp237-248.  Most hospital protocols call for the use of an aqueous providone iodine solution that can avoid this form of physical contamination. Id. citing (Ryder and Glick, 1986).

In situations involving trauma, your attorney should investigate whether or not the specimen may have been contaminated via a transthoracic puncture of blind external chest stick.  This type of contamination can take place in cases of trauma or death.  The attorney should look for contamination via cardiac fluid or contamination by contact with stomach contents. Id. (Logan and Lindholm (1996) and Winek et al. (1995).  In postmortem situations, collection of a specimen can be physically contaminated if the introduction of volatile embalming fluids are present prior to the collection of the sample. Id. (Newbar and Myers, 1954).  Our office has made use of legal nurse consultants to identify potential sources of contamination due to emergency procedures.

Dayton DUI attorney Charles M. Rowland II is Ohio’s only Forensic Sobriety Assessment certified attorney and has attended the National College for DUI Defense’s Mastering Science Seminar on multiple occasions.  He has lectured on DUI science and has earned a reputation as an accomplished trial attorney.   Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Springfield, Kettering, Vandalia, Xenia, Miamisburg, HuberHeights, Beavercreek, Centerville, Springboro, 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.

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Aggravated Vehicular Homicide, O.R.C. 2903.06

February 7th, 2013

Aggravated Vehicular Homicide, O.R.C. 2903.06,  is a crime that results from the death of another caused by the defendant’s operating a vehicle while impaired (a violation of R.C. 4511.19)  or while driving negligently or recklessly.  The statute  encompasses driving an automobile recklessly or negligently (called Vehicular homicide) whether or not alcohol played a part in the death.  Often, defendants are indicted for multiple counts, with additional counts for each victim of the accident.

Under the reckless section of the statute you will be found guilty of a third degree felony which rises to a second degree felony if the driver is under suspension at the time of the offense.  Aggravated vehicular homicide when impaired as defined in R.C. 4511.19 is a second degree felony which rises to a first degree felony if the driver was under suspension at the time of the offense. Penalties include mandatory prison terms with a penalty of up to 10 years in prison and a $20,000 fine for the 1st degree felony and prison up to 8 years and a fine up to $15,000 for the 2nd degree felony.

If drunk driving (now called OVI; operating a vehicle while impaired)  has been charged as the proximate cause of the death, the penalties become mandatory and are very difficult to get reduced or lowered.  Often, these cases are high-profile cases engendering much prejudice toward the defendant.  This  is the time to hire someone who has been successful in trying aggravated vehicular homicide cases.  Call Charles Rowland at 937-318-1DUI (318-1384).

If you’ve been arrested on charges of aggravated vehicular homicide, it’s essential to talk to an attorney about your case before talking to investigators. Charles Rowland has represented felony defendants in Dayton and throughout the Miami Valley.  To schedule a confidential consultation to discuss your case contact Charles Rowland at 937-318-1DUI (318-1384).  Charles Rowland, “All I Do is DUI defense.“

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DUI Accidents and Ohio Law (Aggravated Vehicular Homicide & Aggravated Vehicular Assault)

February 1st, 2013

If you are involved in an accident while driving under the influence in Ohio you face very harsh penalties.

Aggravated Vehicular Homicide, O.R.C. 2903.06,  is a crime that results from the death of another caused by the defendant’s operating a vehicle while impaired (a violation of R.C. 4511.19)  or while driving negligently or recklessly.  The statute  encompasses driving an automobile recklessly or negligently (called Vehicular homicide) whether or not alcohol played a part in the death.  Often, defendants are indicted for multiple counts, with additional counts for each victim of the accident.

Under the reckless section of the statute you will be found guilty of a third degree felony which rises to a second degree felony if the driver is under suspension at the time of the offense.  Aggravated vehicular homicide when impaired as defined in R.C. 4511.19 is a second degree felony which rises to a first degree felony if the driver was under suspension at the time of the offense. Penalties include mandatory prison terms with a penalty of up to 10 years in prison and a $20,000 fine for the 1st degree felony and prison up to 8 years and a fine up to $15,000 for the 2nd degree felony.

Aggravated Vehicular Assault, O.R.C. 2903.08 is the crime of causing serious physical harm to a person while violating Ohio’s drunk driving statute.  Aggravated vehicular assault is a felony of the third degree.  Aggravated vehicular assault is a felony of the second degree if any of the following apply:

(a) At the time of the offense, the offender was driving under a suspension imposed under Chapter 4510. or any other provision of the Revised Code.

(b) The offender previously has been convicted of or pleaded guilty to a violation of this section.

(c) The offender previously has been convicted of or pleaded guilty to any traffic-related homicide, manslaughter, or assault offense.

(d) The offender previously has been convicted of or pleaded guilty to three or more prior violations of section 4511.19 of the Revised Code or a substantially equivalent municipal ordinance within the previous six years.

(e) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A) of section 1547.11 of the Revised Code or of a substantially equivalent municipal ordinance within the previous six years.

(f) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A)(3) of section 4561.15 of the Revised Code or of a substantially equivalent municipal ordinance within the previous six years.

(g) The offender previously has been convicted of or pleaded guilty to three or more prior violations of any combination of the offenses listed in division (B)(1)(d), (e), or (f) of this section.

(h) The offender previously has been convicted of or pleaded guilty to a second or subsequent felony violation of division (A) of section 4511.19 of the Revised Code.

If drunk driving (now called OVI; operating a vehicle while impaired)  has been charged as the proximate cause of the death, the penalties become mandatory and are very difficult to get reduced or lowered.  Often, these cases are high-profile cases engendering much prejudice toward the defendant.   If you are involved in a drunk driving accident you become a target for victims of personal or property damage.  Many times the societal approbation against drunk driving will motivate someone to seek revenge to assure that you are punished for your negligent and reckless behavior.

If you are facing a DUI charge and your case involves an accident where in people have been hurt, it is time to hire someone who has been successful in trying aggravated vehicular homicide cases.  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.  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 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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Warren County Ohio Courts (An Overview)

September 26th, 2012

Warren County Courts Building IMG_4628

Several courts serve Warren County, Ohio.  Frequently, we encounter questions about where a Warren County DUI case will be heard.  Here is an overview of all of the Warren County, Ohio courts complete with links and other important information.

  • Warren County Common Pleas Court (hearing all felony offenses in Warren County) located at 500 Justice Drive, Lebanon, Ohio 45036.  The Court operates Monday through Friday, 8:00 a.m. to 4:30 p.m. and can be reached at the following telephone numbers (513) 695-1346 [Lebanon number], (513) 261-1346 [Middletown/Franklin number], (513) 925-1346 [Cincinnati number] and (937) 425-1346 [Dayton number].  The Juvenile and Common Pleas Courts are  served by the Warren County Clerk of Courts
  • Warren County Juvenile Court (hearing all cases brought against persons deemed to be juveniles under Ohio law)  located at 570 Justice Drive, Lebanon, Ohio 45036. You can contact the Court at (513) 695-1160 and the Juvenile Detention Facility at (513) 695-1392.  The Juvenile and Common Pleas Courts are  served by the Warren County Clerk of Courts
  • Located at 550 Justice Drive, Lebanon, Ohio 45036, the Warren County Court has jurisdiction over misdemeanor offenses (including misdemeanor DUI’s) arising in the following villages: Harveysburg, Maineville, Morrow, South Lebanon, Springboro and Waynesville, along with the following townships: Clearcreek, Hamilton, Harlan, Massie, Salem, Union, Washington and Wayne.  Note, however, that the city of Springboro operates the Springboro Mayor’s Court which is discussed below.  The Warren County Court is open Monday through Friday, 8:00 a.m. to 4:30 p.m. excluding holidays and can be reached at (513) 695-1370.  Your Warren County Court DUI will be heard by the Honorable Donald E. Oda II or the Honorable Joseph W. Kirby.
  • The Lebanon Municipal Court handles cases arising in Lebanon or Turtlecreek Township.   The Lebanon Municipal Court is located at 50 South Broadway in downtown Lebanon across the street from the Golden Lamb restaurant.  The Court is presided over by Judge Mark R. Brogen.  To reach the court, please call (513) 933-7210 between the hours of 8:00 a.m. and 4:00 p.m.  To look up cases in the Lebanon Municipal Court please go HERE and to access daily docket information please visit HERE.
  • The Franklin Municipal Court serves the communities of Franklin and Carlisle.  The Court is located in downtown Franklin at One Benjamin Franklin Way, at the corner of Riley and Fourth Street.  Contact the Court at (937) 746-2858.  Since 2006, the presiding Judge of the Franklin Municipal Court is the Honorable Rupert E. Ruppert.  The hours of the court are as follows: Monday (8:30 a.m. until 5:00 p.m.), Tuesday (8:30 a.m. until 7:00 p.m.), Wednesday (8:30 a.m. until Noon), Thursday and Friday (8:30 a.m. until 5:00 p.m.).
  • If you were cited or the incident happened in the city of Mason or Deerfield Township, your case will be in Mason Municipal Court.  You will appear before Judge D. Andrew Batsche at 5950 Mason-Montgomery Road, Mason, Ohio 45040.  You can reach the court at (513) 398-7901.  The Court operates between the hours of 7:30 a.m. and  4:00 p.m., Monday through Friday.  The Court allow On-Line Payments and access to Public Records/Case Look-Up.
  • Located primarily in Butler County, the jurisdiction of the Middletown Municipal Court does extend into Warren County.   If you are arrested for DUI in Middletown, Trenton, Madison Township or Lemon Township your misdemeanor DUI case will be heard in the Middletown Municipal Court.  The court is located at One Donham Plaza in downtown Middletown and can be reached by telephone at (513) 425-7766.  The court is presided over by the Honorable Mark W. Wall.
  • If you have a case in the Springboro Mayor’s Court you can find assistance by calling (937) 748-4367.  The Sprinboro Mayor’s Court is located at 329 West Central Avenue, Springboro, Ohio 45066.  The Magistrate who will hear your case is the Honorable Jeffrey T. Kirby.  The Clerk of Court is Linda Volpe and she can be reached at (937) 748-9782, Monday through Friday, 8:00 A.M. – 4:30 P.M.  Any other information that you need can be found on the Springboro government website [HERE] and by accessing their convenient A to Z directory.

If you have questions regarding the information provided above, please contact Charles M. Rowland II 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 Lebanon DUI, Mason DUI, Middletown DUI Attorney, Springboro DUI, Warren County

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What Constitutes a Felony DUI in Ohio?

September 4th, 2012

Ohio has enacted two “look-back” statutes which enhance the penalties for a DUI; a six year look-back and a twenty year look-back.  This post will focus on when a DUI becomes a felony.  For a complete list of penalties for DUI offenses check out my previous article OHIO OVI PENALTIES.

Six Year Look-Back

If you receive a second DUI six years from the conviction date of your first DUI, the penalties are enhanced.  Both a first and second DUI within a six year period are first degree misdemeanors which carry a maximum fine of $1,075.00 and a maximum incarceration of six (6) months.  A second DUI within six years is enhanced, meaning that the minimum number of incarceration days and the fine are heavier. R.C. 4511.19(G)(1)(a) and (b).  A third offense within six years has even heavier fines and incarceration and carries a possibility of one year of incarceration, owing to the fact that a third offense is an unclassified misdemeanor. R.C. 4511.19(G)(1)(c).  A DUI becomes a fourth degree felony if it is a fourth offense within six (6) years. R.C. 4511.19(G)(1)(d).

Twenty Year Look-Back

A sixth or greater offense within a twenty year look-back period is a fourth degree felony. R.C. 4511.19(G)(1)(d).  Another harsh provision under Ohio law is the “once a felony, always a felony” rule contained in R.C. 4511.19(G)(1)(e), meaning that any future DUI regardless of how many years have passed is charged as a third-degree felony.  This means that if you have many years of sobriety in between DUI convictions, you still face a felony rather than having your case treated as a first-in-six misdemeanor offense.

DUI defense attorneys have challenged the constitutionality of these look-back provisions on the grounds that they violated due process and that they are a retroactive application of laws.  In State v. Miccap, 2006-Ohio-2854 (Ohio Ct. App. 9th Dist, Summit County), the 9th District Court of Appeals rejected these arguments and upheld the enhanced punishments.  It stated that the penalties imposed were not enhancements punishing prior conduct, but punishing any violations that occur after enactment of the enhancement provision.  In State v. Brooke, 113 Ohio St.3d 199, 863 N.E.2d 1024 (2007), the court upheld the right of a defendant to challenge whether or not a prior conviction was conducted in accordance with the rule of law.  For a complete discussion of Attack on prior convictions, see Ohio Driving Under the Influence Law, Weiler & Weiler J., 2009-2010 ed., pp 333-335.

Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio.  Contact Charles Rowland at (937)318-1384 [318-1DUI], 1-888-769-5263 [888-ROWLAND] or visit his web site at www.DaytonDUI.com or www.facebook.com/DaytonDUI or on Twitter @DaytonDUI.

“All I do is DUI.”

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Posted in DUI Felony, DUI Penalties, Prior Offenses

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