Tag: fsa

OVI attorney

An OVI Attorney’s Number One Rule (Rule 1.1)

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Rule 1.1: CompetenceClient-Lawyer Relationship A lawyer shall provide competent representation to a client. Competent representation requires thelegal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.

There it is! An OVI attorney must provide competent representation to a client. In the Commentary to Rule 1.1, it states:

In determining whether a lawyer employs the requisite knowledge and skill in a particular matter, relevant factors include the relative complexity and specialized nature of the matter, the lawyer’s general experience, the lawyer’s training and experience in the field in question, the preparation and study the lawyer is able to give the matter and whether it is feasible to refer the matter to, or associate or consult with, a lawyer of established competence in the field in question. In many instances, the required proficiencyis that of a general practitioner. Expertise in a particularfield of law may be required in some circumstances.

Rule 1.1 also requires an attorney to go to conferences and stay on top of important changes in the law.

To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject.

That is why I maintain membership in prestigious OVI associations like the National College for DUI Defense, The American Association of Premiere DUI Attorneys and the DUI Defense Lawyers Association. You will also note that I am often featured as a presenter/lecturer and hold a Forensic Sobriety Assessment Certificate. I am also proud to have been honored as a Fellow in the exclusive Ohio Bar Foundation and the American Bar Foundation. I have also just returned from the Ohio Academy of Criminal Defense Lawyers Advanced OVI Seminar.

If you need an OVI attorney who takes great pride in his training, experience and credentials, please contact me today at (937) 318-1384 or 888-ROWLAND. You can also reach me on my after-hours DUI hotline at (937) 776-2671


Dayton DUI Attorney Charles M. Rowland II

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“All I do is DUI Defense”


Charles M. Rowland II maintains an established DUI/OVI practice, representing the accused drunk driver in State and Federal Courts in the Miami Valley and throughout Ohio. An attorney since 1995, Charles Rowland dedicates his practice exclusively to representing the accused drunk driver and has worked to amass more credentials than any attorney in his field.


Charles served as the Xenia City Prosecutor and has served as a “Special Prosecutor” on high-profile felony cases.  Charles is a proud member of the National College for DUI defense and in 2006 attended the intensive seminar on DUI law at Harvard University.  National Patent Analytical Systems has certified Charles Rowland in the operation, diagnostic verification and calibration of the BAC DataMaster Breath Alcohol Testing Instrument, the most commonly used breath testing instrument in Ohio for DUI arrests. Charles has been qualified by the United States government as an expert witness on evidential breath testing and has testified in court martial proceedings.  In 2007, Charles Rowland was the first private attorney in the State of Ohio certificated on the Intoxilyzer 8000 breath testing machine.  In 2009, Charles Rowland attended the National College for DUI Defense 16th Annual Scientific Evidence Seminar where he received training on the Intoxilyzer 5000.  Charles M. Rowland II was the first attorney in the United States to earn a certificate in Forensic Sobriety Assessment. FSA certification requires proficiency in the scientific principles and research relating to sobriety testing in a DUI/OVI stop.  It subsumes the NHTSA training (knowledge of the NHTSA manual is required) and greatly extends it.  Charles Rowland is currently the only lawyer in Ohio to hold FSA certification.  In 2010, Charles M. Rowland II attended the most current NHTSA training wherein he was trained to administer and evaluate the standardized field sobriety tests . This is the same NHTSA/SFST training course that law enforcement officers are trained in nationwide and testify to in court.


In addition to awards and certificates, Charles M. Rowland II has a wealth of real-life experience.  He was the 2004 Ohio State Bar Foundation recipient of the Community Service Award for Attorneys under 40 years old. In 2005, Charles Rowland was given the singular honor of being named a Fellow of the Ohio State Bar Foundation. In 2006, Charles Rowland presented a seminar on standardized field sobriety testing before the Greene County Bar Association.  Twice-elected to the Beavercreek City School Board, Charles M. Rowland was a co-recipient of the 2006 Beavercreek Chamber of Commerce Public Education Award.  Charles also served as President of the Board of Directors of TCN-BHS, Greene County’s Drug and Alcohol provider from 2003-2005.  In 2008, he contributed to a revision to Anderson’s Ohio Civil Practice along with the judges of the Greene County Common Pleas Court.  He has also been a Wright State University Visiting Professor of Political Science for the University Honors Department.  Charles Rowland has appeared on television, radio and in newspapers, authoring DUI-related articles for the popular “Ask an Attorney” section of the Xenia Daily Gazette, the Beavercreek News Current and the Fairborn Daily Herald.  Charles Rowland is a proud member of the Clark County, Dayton and Ohio State Bar Association and has served as the President of the Greene County Bar Association from 2008-2009.


Charles Rowland is a 1988 graduate of Beavercreek High School and a life-long resident of Beavercreek, Ohio. He graduated magna cum laude from Wright State University in 1992, earning a Bachelor of Arts degree in Political Science and a minor in Sociology with a concentration in Criminology. Charles earned the degree of University Honors Scholar with Honors from the Political Science Department, received the Academic Letter Award for earning Outstanding Attorney Awards in the WSU Mock Trial Programs, was awarded Phi Kappa Phidistinction and was selected to represent Wright State University as a Student Ambassador to the People’s Republic of China.

Charles M. Rowland II was awarded the H. E. Ashcroft Memorial Scholarship to attend Ohio Northern University’s Pettit College of Law. While in law school, Charles studied International Law and European Economic Community Law at the University College London, Bentham Faculty of Laws. As an L-2, Charles was a finalist at the National Tax Moot Court Competition in Houston, Texas.  For his efforts he was chosen to serve as an Associate Justice of the Ohio Northern Moot Court Program.  Charles Rowland was named to the prestigious Order of the Barristers for excellence in appellate advocacy. He graduated in the top 25% of his class in 1995 and returned to the Miami Valley to begin his practice.


One of Greene County’s biggest and most dynamic firms, Brown, Rowland, Babb & Campbell offers a full array of client-centered services.

Charles M. Rowland II, (www.DaytonDUI.com) Managing Partner, provides aggressive defense to the accused drunk driver.

Richard Brown, of counsel, concentrates his practice in the field of Elder Law.

Mark Babb, (www.MarkBabb.com) Senior Partner, is one of the Miami Valley’s most recognized criminal defense attorneys.

Patricia Campbell (www.OhioDivorceAttorney.com) is a credentialed and dedicated family law practitioner.

Zachary Bushatz (www.DaytonBankruptcyAttorney.com) concentrates his practice on Bankruptcy Law.

The firm is proud to offer services in Personal Injury, Medical Malpractice, Consumer Law and Employment Law.  Whatever conflicts life may bring, we at Brown, Rowland, Babb & Campbell are prepared to stand by your side.  If you are in need of an aggressive litigation-oriented firm, call BRB&C today at 937-879-9542 or 1-888-ROWLAND

Dayton DUI Law: The GERD Defense

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Regurgitation and Reflux are not the same thing!  Reflux is the movement of ethanol vapor back up the esophagus from the stomach which has the ability to contaminate a breath sample.  The defendant who suffers from Gastroesophageal Reflux Disease (GERD) will not exhibit outward signs of distress or other signs which a breath testing technician would likely notice.  The surging ethanol vapor can cause an elevated reading on an evidential breath testing device.  The elevated test can appear following a valid and conscientious observation period.  Because the evidential breath testing device cannot distinguish contaminated air from deep-lung alveolar air, it registers a reading which can be incredibly higher than observational evidence (i.e. the standardized field sobriety tests) would suggest.

Do you have GERD? Do you have a verifiable diagnosis?  Have you been on prescription medication for this disorder?  If you answered yes to these questions, have your Ohio OVI attorney consider the science behind a reflux-based defense.  Attorney Charles M. Rowland II is certified in Forensic Sobriety Assessment, has been trained in the administration and evaluation of the standardized field sobriety testing, and has attended the National College for DUI Defense Forensic DUI Science national seminar where he was trained in presenting science based drunk driving defenses.  In addition, Charles M. Rowland has been certified on the operation, calibration and maintenance of the  Intoxilyzer 8000 and the BAC DataMaster breath testing machines.  Ohio drunk driving attorney Charles M. Rowland can be reached 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, www.SpringfieldDUI.com, www.OhioDUIdefense.com, www.KetteringDUI.com, www.BeavercreekDUI.com, www.FairbornDUI.com,  www.VandaliaDUI.com, www.HuberHeightsDUI.comwww.MiamisburgDUI.com, www.XeniaDUI.com or www.CharlesRowland.com.  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@CharlesRowland.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

  • Damage to the Esophagus Caused By Acid Reflux (brighthub.com)
  • GERD or Acid Reflux Disease in young children (brighthub.com)
  • Improving Your Diet to Reduce Acid Reflux (brighthub.com)
  • Acid Reflux Symptoms (brighthub.com)
  • Using Nexium and Zantac for Acid Reflux: Indications and Side Effects (brighthub.com)
  • Dayton OVI Law Explained on Twitter (daytondui.com)

Rowland Earns Forensic Sobriety Assessment Certification

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This month, Charles M. Rowland II was re-certified as Ohio’s only DUI attorney credentialed in Forensic Sobriety Assessment.  “FSA certification requires working knowledge of the scientific principles and research relating to sobriety testing in a DWI / DUI stop, including:

  • The scientific literature on indications of intoxication such as red eyes and slurred speach
  • NHTSA’s Standardized Field Sobriety Tests (SFSTs)
  • Testing concepts: Reliability and validity
  • Diagnostic statistics: False positive rates, sensitivity, specificity, etc.
  • Experimental design issues relevant to sobriety test studies
  • Statistical concepts such as correlation, statistical significance, and effect size
  • Visual science pertaining to the Horizontal Gaze Nystagmus (HGN) sobriety test
  • The scientific literature on sobriety tests other than the SFSTs

FSA Certification is the most advanced credential available to DUI professionals in behavioral sobriety assessment. Ideally, all attorneys, judges, and police officers who deal with DWI cases would be knowledgeable about these topics. While the National Highway Traffic Safety Administration (NHTSA) trains police officers to assess intoxication, it does not provide training in important scientific topics or differential diagnosis, and does not address the many criticisms of the tests. FSA Certification is available to those who demonstrate proficiency by passing examinations in seven of the eight content areas (the module on statistical significance and effect size is currently optional).”

Dayton DUI Attorney Charles M. Rowland is the only attorney in Ohio to hold certification in Forensic Sobriety Assessment and he has been trained in the administration and evaluation of the Standardized Field Sobriety Tests in the same methods that law enforcement officers are trained to use.  Because of this training he is qualified to challenge the administration of the Horizontal Gaze Nystagmus (HGN) test at a motion to suppress hearing or at your DUI trial.  The HGN is a test of your eyes wherein the testing officer is looking for abnormal movements call saccades.  These movements make the eye appear to bounce or wobble.  The officer uses this movement to make a correlation to alcohol use.  Listed below, however, are some other scientifically recognized causes of nystagmus.

Nystagmus Terms at a Glance

  • Vestibular nystagmus: caused by movement or action in the vestibu1ar system (inner ear); four kinds: rotational, post-rotational, caloric and positional alcohol
  • Rotational nystagmus: occurs when a person is spun around
  • Post-rotational nystagmus: occurs when a person stops spiruring around
  • Caloric nystagmus: occurs when liquids of varying temperatures are put in opposing ear canals
  • Positional Alcohol Nystagmus: caused when alcohol alters the specific gravity of the blood versus the vestibular fluid
  • Neurological nystagmus: consisting of optokinetic, physiological and gaze nystagmus
  • Optokinetic nystagmus: occurs when eyes fixate on objects that suddenly move or when eyes view sharply contrasting images
  • Physiological nystagmus: naturally occurring to avoid eye strain; normally too subtle to observe
  • Gaze nystagmus: occurs when a person’s eyes move from a center position; three types: horizontal, vertical and resting.

Contact Dayton DUI Defense Attorney Charles M. Rowland II at (937)318-1DUI or visit www.DaytonDUI.com.

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