Posts Tagged ‘greene county ohio ovi’

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.

 

DUI In Xenia, Beavercreek or Fairborn? An Overview of Greene County Courts

September 24th, 2012

If you are arrested for DUI/OVI in Greene County, Ohio you will appear in one of the following courts.

  • Greene County Court of Common Pleas: The Greene County Court of Common Pleas is located at 45 N. Detroit St., Xenia, Ohio 45385 in the historic Greene County Courthouse.  The Court is responsible for felony level offenses (including felony level OVI offenses, Aggravated Vehicular Homicide and Aggravated Vehicular Assault cases) arising in Greene County, Ohio.  The Greene County Court of Common Pleas is presided over by the Honorable Stephen A. Wolaver (937) 562-5218, and the Honorable Michael A. Buckwalter (937) 562-5217. For information about a specific Greene County Common Pleas case, contact the Clerk of Courts at (937) 562-5290.  Greene County maintain two jail facilities, the Greene County Jail located at 77 East Market Street, Xenia, Ohio 45385, (937) 562-4840 and the Greene County Adult Detention Center, 2295 Greeneway Blvd., Xenia, Ohio 45385, (937) 562-5840.
  • O.V.U.A.C. (Operating a vehicle after underage consumption) and Juvenile OVI offenses are heard in the Greene County Juvenile Court, 2100 Greeneway Blvd., Xenia, Ohio 45385, (937) 562-4000.  The judge of the Greene County Juvenile Court is the Honorable Robert H. Hutcheson.  The Juvenile Detention Center is part of the Greene County Juvenile Court Complex, the west wing of the building, located at 2100 Greene Way Blvd., Xenia, Ohio  45385.
  • The Fairborn Municipal Court, located at at 1148 Kauffman Ave., Fairborn, Ohio 45324, maintains a copy of its fee schedule on its web site. The Fairborn Municipal Court serves Fairborn, Bath TownshipBeavercreek and Beavercreek Township. The court conducts preliminary hearings in felony cases, handles traffic and non-traffic misdemeanors, and civil cases where the money in dispute does not exceed $15,000. The Greene County Common Pleas Court (Xenia) handles felony criminal cases.  You can contact the Fairborn Municipal Court at; (937) 754-3040 or by fax at  (937) 879-4422.  The presiding Judge of the Fairborn Municipal Court is Beth W. Root who became judge of the Fairborn/Beavercreek Municipal Court in January 2008.Fairborn/Beavercreek Municipal Court.
  • The Xenia Municipal Court is located on the second floor of Xenia City Hall, 101 N. Detroit Street. The XMC Probation Department is located at 64 E. Main St.Xenia Municipal Court.  Hours are 7:30 a.m. until 4:30 p.m. on Mondays, Tuesdays & Wednesdays.  Hours are 7:30 a.m. until 4:00 p.m. on Thursdays and Fridays.  You can contact the Xenia Municipal Court at (937) 376-7290.  The Xenia Municipal Court has jurisdiction for the cities of Xenia and Bellbrook; the villages of Yellow Springs, Cedarville, Jamestown, Spring Valley, and Bowersville; and the townships of Sugarcreek, Xenia, Cedarville, New Jasper, Silvercreek, Ceasarcreek, Miami, Jefferson, Ross, and Spring Valley. The Court’s jurisdiction also includes four college campuses: Central State University, Wilberforce University, Cedarville College, and Antioch College.  Law enforcement agencies located within the jurisdiction of the court include: Bellbrook Police Department; Cedarville Police Department; Central State University Police Department; Greene County Animal Control; Greene County Sheriff’s Office; Greene County Parks District; Jamestown Police Department; Ohio Department of Parks and Natural Resources; Ohio Department of Wildlife; Ohio State Highway Patrol; Sugarcreek Township Police Department; Wilberforce University Police Department; Xenia Police Division; and Yellow Springs Police Department.
  • The Yellow Springs Mayor’s Court hears misdemeanor offenses that occur in the jurisdiction of the Yellow Springs Police Department.  The Yellow Springs Mayor’s Court is held in the Byron Community Center, located at 100 Dayton Street just adjacent to downtown Yellow Springs.  The Byron Community Center also houses the Yellow Springs Police Department, which can be reached at: Non-Emergency: (937) 767-7206 or at dispatch@yso.com. For inquiries regarding court appearances, fine and costs amounts, court procedures and other court matters, you may call the Clerk of Court’s office at (937) 767-3400.  If you wish, you may remove your case from the Yellow Springs Mayor’s Court to the jurisdiction of the Xenia Municipal Court located at 101 N. Detroit St., Xenia, Ohio.  Removal is a decision that should be made only after a complete consultation with an attorney familiar with the Yellow Springs Mayor’s Court and the Xenia Municipal Court.

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.

Arrested for DUI in Bellbrook? Sugarcreek?

March 27th, 2011

IF YOU ARE CHARGED WITH DUI IN BELLBROOK OR SUGARCREEK, YOUR CASE WILL BE HEARD IN THE XENIA MUNICIPAL COURT

The Xenia Municipal Court has jurisdiction over OVI/DUIviolations of any ordinance, including in Bellbrook, and Sugarcreek, Ohio.  The honorable Michael Murry is the presiding judge of the Xenia Municipal Court and has made a great deal of  information available on the court’s website (LINK).  Visit HERE to see case look-up information via the court’s public access page and HERE for a schedule of fines.  Location:  Xenia Municipal Court is located on the second floor of Xenia City Hall, 101 N. Detroit Street. The Xenia City Hall is not inside the impressive Greene County Courthouse, but is right across the street.  Look for the cannon that sits on the courthouse lawn; it points directly at the Xenia Municipal Court. Hours of Operation: Hours are 7:30 a.m. until 4:30 p.m. on Mondays, Tuesdays & Wednesdays.  Hours are 7:30 a.m. until 4:00 p.m. on Thursdays and Fridays.  The court observes the following holidays: New Year’s Day; Martin Luther King, Jr. Day; Memorial Day; Independence Day; Labor Day; Veteran’s Day; Thanksgiving (and the Friday following); and Christmas Day.  As of January 1, 2008, Night Court services are no longer provided.  Contact Information: Phone: (937) 376-7290, Fax: (937) 376-7288.  You can also check out these articles:

Bellbrook DUI attorney Charles M. Rowland II  maintains www.XeniaDUI.com and www.BellbrookDUI.com to provide you the best information about the court and to give you a start of finding an attorney who is qualified to handle your Bellbrook DUI or Sugarcreek DUI.  As the former Xenia Municipal Court prosecutor and an attorney who has worked in Greene County for over fifteen (15) years, please consider starting your DUI attorney search by contacting Charles M. Rowland II.  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. For information about Bellbrook 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 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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Blood & Urine Specimens O.A.C. 3701-53-05

December 16th, 2010
Arm venipuncture prior to fililng a vacutainer.
Image via Wikipedia

Ohio Administrative Code section 3701-53-05 applies to the collection of blood and urine specimens.  Section (A) requires all samples to be “collected in accordance with section 4511.19 (DUI statute), or section 1547.11 (Boating Under the Influence) of the Revised Code, as applicable.”

Section (B) states, “[w]hen collecting a blood sample, an aqueous solution of non-volatile antiseptic shall be used on the skin.  No alcohols shall be used as a skin antiseptic.”  A good place to start your DUI investigation is the first blood draw.  We have garnered the help of a legal-nurse-practitioner to find instances where wounds could have been treated in such a manner that alcohol was left on the skin.  We also fight hard to get the blood draw protocol from the hospital.  Often arguments can be made that the skin antiseptic does not meet the requirements of this administrative code.

Section (C) requires that, “[b]lood shall be drawn with a sterile dry needle into a vacuum container with a solid anticoagulant, or according to the laboratory protocol as written in the laboratory procedure manual based on the type of specimen being tested.”  Again, fight hard for the laboratory protocol and procedure manual so that you can see if the blood draw was done correctly.  You will often find important differences in how the nurse drew the blood and the way the OAC contemplates a blood draw.  Hire an attorney who knows what the guidelines are and can fight your case.

Section (D) sets forth the manner in which a urine sample can be collected.  “The collection of a urine specimen must be witnessed to assure that the sample can be authenticated.  Urine shall be deposited into a clean glass or plastic screw top container which shall be capped, or collected according to the laboratory protocol as written in the laboratory procedure manual.  Here, recent changes in the HIPPA privacy laws may have caused a change in the hosptial/laboratory protocol that will benefit your client.  Thorough discovery is required.  Often, you will be able to get this type of information only by getting it yourself.  More and more often, courts will allow you to raise these issues only if the prosecutor has been put on notice of a deficiency.

Section (E) describes what must be done to assure no tampering with the sample has occurred and section (F) requires that “[w]hile not in transit or under examination, all blood and urine specimens shall be refrigerated.”

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, 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.

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