Tag: huber heights dui

Huber Heights OVI

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huber heights oviIf you are arrested for misdemeanor OVI in Huber Heights, your Huber Heights OVI case will be in the Montgomery County Municipal Court (Eastern Division). Many refer to this court as the Huber Heights Municipal Court.  In fact, the court’s jurisdiction is larger. It covers regions in north-east Montgomery County including the city of Riverside, Ohio.

You can rest assured that the government is going to do everything they can to try to convict you of Operating a Vehicle While Impaired (OVI). An arrest is a life-altering event with repercussions that may last for years to come. Whether a bad decision brought you to this point or you were wrongfully arrested, it doesn’t matter; decisive action is necessary. Make the call to an experienced and credentialed OVI professional who is equipped with the knowledge, the expert resources and the skills to win your Huber Heights OVI case.

Today, you have an opportunity to make the right decision — a decision that may save you months in jail, thousands of dollars and a permanent criminal record. Most people arrested for an OVI are good people who just made a mistake or are wrongfully accused of something they did not do. What does this mean to you? It means that if you are stopped and the police are of the opinion you are intoxicated, you are going to be arrested. Now you are facing serious charges and possible jail time. There are ways to fight to avoid these consequences with the help of Huber Heights OVI attorney Charles M. Rowland II and his team of experts.

The Montgomery County Area Two Court is located at 6111 Taylorsville Rd., Huber Heights, OH 45424-2951. You can contact the court’s Traffic/Criminal Division at (937) 496-7231, the Civil Division at (937) 225-5824 and you can fax information to (937) 496-7236.

We have been helping people accused of a Huber Heights OVI for over twenty years. If you have questions about your case we can help.
OVI in Huber Heights

We Can Help With Your Huber Heights OVI

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If you have been arrested for a Huber Heights OVI violation, please give us a call.

I am proud of the fact that I have been representing people accused of OVI in the Huber Heights (Montgomery County Municipal Court Eastern Division) for twenty years. I have set up www.HuberHeightsDUI.com to help you learn about that court and what you can expect.

The Montgomery County Municipal Court, Eastern Division is located at 6111 Taylorsville Rd., Huber Heights, OH 45424-2951.  You can contact the court’s Traffic/Criminal Division at (937) 496-7231, the Civil Division at (937) 225-5824 and you can fax information to (937) 496-7236.  Pay your ticket on-line HERE, get information about jury service HERE, access important phone numbers HERE, and search public records HERE.  If you have any more questions about your case, give us a call.

Huber Heights OVI Attorney, Charles M. Rowland II, (937) 318-1384

Montgomery County DUI Information On-Line

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montgomery county duiIf you are looking for Montgomery County DUI information on-line, please follow the links below.  Since most DUI cases are heard in a municipal court, included first are all of the Montgomery County Municipal Courts.  If your charge includes a felony charge, it will be within the jurisdiction of the Montgomery County Court of Common Pleas. You can find Common Pleas information on the PRO system at the following link:

 http://www.clerk.co.montgomery.oh.us/pro/

Follow the links below for the municipal court on-line records:

Eastern and Western Division Municipal Courts PRO System http://www.mccountycourts.org/PRO

If you need specific information about any court, please give us a call at (937) 318-1384.

Dayton Dayton Municipal Court
Kettering Kettering Municipal Court
Miamisburg Miamisburg Municipal Court
Oakwood Oakwood Municipal Court
Vandalia Vandalia Municipal Court

And here, just for fun are other important and useful Montgomery County links:

Other Montgomery County Online Records
Bankruptcy http://www.ohsb.uscourts.gov/
Birth Records http://www.odh.ohio.gov/healthstats/vitalstats/birthstat.aspx
Death Records http://www.odh.ohio.gov/healthstats/vitalstats/deathstat.aspx
Deeds http://www.mcrecorder.org/
Disinternment http://www.mcohio.org/government/probate/prodcfm/casesearchm.cfm
Dog Owner Search http://www.mcauditor.org/RZ/RZ_dog_find.cfm
Estates http://www.mcohio.org/government/probate/prodcfm/casesearchx.cfm
Guardianship Records http://www.mcohio.org/government/probate/prodcfm/casesearchg.cfm
Marriage Licenses http://www.mcohio.org/government/probate/prodcfm/marriagesearch.cfm
Medical Licenses https://license.ohio.gov/lookup/default.asp
Mental Illness http://www.mcohio.org/government/probate/prodcfm/case_search_main.cfm
Missing Persons http://www.mcohio.org/Sheriff/Missing_Persons.html
Mortgages http://www.mcrecorder.org/
Name Changes http://www.mcohio.org/government/probate/prodcfm/namechgsearch.cfm
Parcels http://www.mcrecorder.org/
Property Auctions http://www.mcohio.org/Sheriff/Real_Estate.cfm
Property Records http://www.mcrealestate.org/
Real Estate Taxes http://www.mctreas.org/
Service Discharge http://www.mcrecorder.org/
Sexual Offenders http://www.mcohio.org/Prosecutor/offenders.cfm
Trusts http://www.mcohio.org/government/probate/prodcfm/casesearcht.cfm
Vendor License http://www.mcauditor.org/ven_list.cfm?letter=D
Veteran Gravesites http://www.mcrecorder.org/

Montgomery County DUI 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 OVI blog. You can email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.

“Montgomery County DUI defense.”

For more info on Montgomery County DUI enforcement, check these city-specific sites at the following links:

Fairborn,Dayton,Springfield,Kettering,Vandalia,XeniaMiamisburg,Huber HeightsSpringboroOakwood,Beavercreek, Centerville

Huber Heights DUI Charge? Learn More Here

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Huber Heights DUIHuber Heights DUI Attorney Charles M. Rowland II has represented clients in the Montgomery County Municipal Court (Eastern Division) since 1995.  He limits his practice to DUI defense and stays on the cutting edge of DUI science and the tactics necessary to defend your case.  Contact Huber Heights DUI Attorney Charles M. Rowland II at (937) 318-1384 or 888-ROWLAND.  Here is some important information about the Montgomery County Municipal Court (Eastern Division).  If you have a Huber Heights DUI charge, your case will be heard in the Montgomery County Municipal Court (Eastern Division).  Many refer to Area II as the Huber Heights Municipal Court, but the court’s jurisdiction is larger, covering regions in north-east Montgomery County including the city of Riverside, Ohio.  The Montgomery County Municipal Court, Eastern Division is located at 6111 Taylorsville Rd., Huber Heights, OH 45424-2951.  You can contact the court’s Traffic/Criminal Division at (937) 496-7231, the Civil Division at (937) 225-5824 and you can fax information to (937) 496-7236.  Pay your ticket on-line HERE, get information about jury service HERE, access important phone numbers HERE, and search public records HERE.  The judges who will hear your Huber Heights DUI case are the honorable James D. Piergies and  James A. Hensley.

Huber Heights DUI Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Huber Heights, Riverside and throughout Ohio.  He has the credentials and the experience to win your case and has made himself Huber Heights’ 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 emailCharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

 Huber Heights DUI Attorney information and other city-specific info at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

What Is Wrong With The HGN? (by DaytonDUI)

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My eye

The horizontal gaze nystagmus test is an eye test approved by the National Highway Traffic Safety Administration(hereinafter NHTSA) as a tool to detect clues of impairment in drivers.  The HGNtest is one of three psychomotor tests approved as part of the standardized field sobriety testing protocol employed by law enforcement officers throughout the United States and used here in Ohio.

When an officer asks you to follow his pen, he is performing the horizontal gaze nystagmus test.  Nystagmus is defined as the oscillation of the eyeball that occurs when there is a disturbance of the vestibular system or the oculomotor control of the eye.  The nystagmus the officer is looking for is an involuntary motion.  A person is usually unaware of the presence of a nystagmus and cannot control it. Forkiotis, C.J. Optometric Exercise: The Scientific Basis for Alcohol Gaze Nystagmus. 59 Curriculum II, No. 7 at 9 (April 1987); Good, Gregory W.  & Augsburger, Arol R. Use of Horizontal Gaze Nystagmus as a Part of Roadside Sobriety Testing. 63 Am. J. of Optometry & Physiological Optics 467, 469 (1986); Stapleton, June M. et al. Effects of Alcohol and Other Psychotropic Drugs on Eye Movements: Relevance to Traffic Safety. 47 Q.J. Stud. on Alcohol 426, 430 (1986).  The officer is looking for a type of nystagmus wherein the eye moves slowly in one direction and then returns rapidly, sometimes referred to as a jerk or jerking nystagmus. Adams, Raymond D. & Victor, Maurice. Disorders of Ocular Movement and Pupillary Function.  Principles of Neurology.  Ch.13, 117 (4th ed. 1991).

A major weakness in relying on the horizontal gaze nystagmus test in the criminal justice arena is that there are multiple causes of nystagmus that have been observed.  Syndromes such as influenza, vertigo, epilepsy, measles, syphilis, arteriosclerosis, muscular dystrophy, multiple sclerosis, Korsakoff’s Syndrome, brain hemorrhage, streptococcus infections, and other psychogenic disorders all have been shown to produce nystagmus. Additionally, conditions such as hypertension, motion sickness, sunstroke, eyestrain, eye muscle fatigue, glaucoma, and changes in atmospheric pressure may result in gaze nystagmus. Pangman. Horizontal Gaze Nystagmus: Voodoo Science. 2 DWI J. 1, 3-4 (1987).  Caffeine, nicotine and aspirin (alone or in combination with alcohol) can also lead to a nystagmus which mimics a nystagmus attributable to alcohol consumption. Id. at 3-4.  Scientific literature also points to a person’s circadian rhythms or biorhythms as having an affect on nystagmus readings as the body reacts differently to alcohol at different times in the day and even fatigue nystagmus can be found in an individual, and the list, according to critics, goes on.   Id. at 3-4; Booker, J.L.  End-position nystagmus as an indicator of ethanol intoxication. Sci Justice.  41(2):113-116. (April – June, 2001).

The horizontal gaze nystagmus test is not present in marijuana impairment cases. In State v. Dixon, 2007-Ohio-5189 (Ohio Ct. App. 12th Dist. Clermont County 2007), the court addressed the issue of standardized field sobriety tests and marijuana impairment.  Relying upon the NHTSA standards, the court concluded that observations as to performance on the walk & turn test and the one-leg stand test were indicative of impairment, thus allowing those to be used against a suspected marijuana user.  The HGN test, however, is not indicative of marijuana impairment.  According to NHTSA nystagmus would not be present due to marijuana and, as such, it was plain error to admit evidence of the HGN against the defendant accused of marijuana impairment.

Ohio Revised Code 4511.19(D)(4)(b) sets forth the standards for admissibility of the results of field sobriety tests in OVI (drunk driving) prosecutions.  See State v. Bozcar, 113 Ohio St. 3d 148, 2007-Ohio-1251, 863 N.E.2d 115 (2007).  In order for the tests to be admissible, the State must demonstrate:

  1. By clear and convincing evidence.
  2. The Officer administered the tests insubstantial compliance.
  3. The testing standards for any reliable, credible, and generally accepted test.
  4. Including, but not limited to, the standards set by NHTSA.

The only guidance provided for determining the meaning of “substantial compliance” has come from State v. Burnside, 100 Ohio St. 3d 152, 2003-Ohio-5372 (2003), wherein the court indicated that errors that are clearly “de minimus” or “minor procedural deviations” are not substantial.  Thus, the State must set forth the testing standards, offer some testimony that the testing standards have been accepted and that the officer has substantially complied.  If the State fails to introduce testimonial or documentary evidence of the standards (most likely via the NHTSA training manual), then they have not met this burden. See Village of Gates Mills v. Mace, 2005-Ohio-2191 (Ohio Ct. App. 8th Dist., Cuyahoga County), wherein the State did not meet this burden despite the Court having its own copy of the manual.

In my practice we have seen a trend to manipulating the “substantial compliance” standard into a de facto prejudice standard.  The burden is being subtly shifted to the defendant to demonstrate that he or she was somehow prejudiced by the officer’s failure to comply with the NHTSA standards.  For example; if the officer does not articulate that he advised the suspect not to raise his or her arms, the Court says that he substantially complied by merely mentioning that he was trained in NHTSA protocols.  If, however, the defense points out that the officer did not give the proper instruction and still scored the test in a way negative to the defendant, the court may consider excluding some portion or all of the test.  Case law can be helpful on this point.

In State v. Clay, 34 Ohio St. 2d 250, 298 N.E.2d 137 (1973) the court ruled, “[h]owever, if by cross examination or otherwise, the defense places such compliance at issue, it then is incumbent upon the State, in order to maintain its burden of proof, to offer the methods and regulations into evidence and prove compliance.”  Some courts may try to take Judicial Notice of the manual (See Evid. R 201) when no manual was introduced.  In State v. Wells 2005-Ohio-5008 (Ohio Ct. App. 2d Dist., Montgomery County) held that the court cannot assume judicial notice when the record does not demonstrate a request for judicial notice or a reference to the manual by the trial court.  The 9th District Court of Appeals issued a great decision on the issue of substantial compliance.  Specifically, the issue involved giving the HGN test while the Defendant was seated in the car.  The Court found that this was not substantial compliance. (State v. Haneberg 5/29/2007, 2007-Ohio-2561, 9th District Court of Appeals).

The validity of Standardized Field Sobriety Tests results is dependent upon law enforcement practitioners following the established, standardized procedures for test administration and scoring. NHTSA’s SFST Student Manual states that the procedures demonstrated in the training program describe how SFSTs should be administered under ideal conditions, but that ideal conditions do not always exist in the field. Variations from ideal conditions, and deviations from the standardized procedures, might affect the evidentiary weight that should be given to test results.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in DaytonSpringfieldKetteringVandaliaXeniaMiamisburg, 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.