Tag Archives: Kettering ohio

Ruling Could Doom Ohio Stoned Driving Rules

stoned driving

Stoned driving laws took a hit this week when Arizona ruled that per se limits on marijuana could not be applied.

Ohio has adopted a draconian impairment law that punishes drivers for having a metabolite of marijuana in their system.  In effect that means that you are stoned driving if you smoke or ingest marijuana the metabolite “hydroxy-THC” that will remain in your body long after the “high” has dissipated.  This means that you may be “impaired” for purposes of the law, but not in any way be impaired by the drug.  If you visit Colorado to legally use recreational marijuana and return to Ohio, you are impaired for up to thirty days thereafter.  This is an absurd and unjust law that gives too much power to law enforcement and enshrines Ohio’s War on Drugs into law.

With states like Colorado legalizing the sale of marijuana, jurisdictions are scrambling to deal with the consequences. Last month, the Arizona Supreme Court ruled 4 to 1 that draconian laws designed to handle driving under the influence (DUI) of alcohol could not be applied directly to pot because of the way the drug interacts with the bloodstream.

The high court justices agreed that the statute’s wording was ambiguous and should be interpreted in a way that does not lead to an absurd result, which is what would happen if prosecutors were allowed to implement a zero-tolerance reading of the law. “This interpretation would create criminal liability regardless of how long the metabolite remains in the driver’s system or whether it has any impairing effect,” Justice Robert M. Brutinel wrote for the majority. “For example, at oral argument the state acknowledged that, under its reading of the statute, if a metabolite could be detected five years after ingesting a proscribed drug, a driver who tested positive for trace elements of a non-impairing substance could be prosecuted.”

The court was uncomfortable criminalizing legal conduct, as Arizona voters legalized medical marijuana use in a 2010 referendum. The majority also noted that certain legal drugs can share a metabolite with an illegal drug, which causes a problem with the drugged driving statute that automatically criminalizes the presence of the metabolite in the bloodstream.”Because Section 28-1381(A)(3) does not require the state to prove that a substance discovered in a driver’s body is actually metabolized from a proscribed drug, the state’s interpretation would permit prosecution if the discovered substance is a metabolite of a proscribed drug even if the proscribed drug was never ingested,” Justice Brutinel wrote. “These results are absurd and make the state’s argument untenable.”  The Supreme Court majority declared that the legislature must have meant that any amount of the impairing hydroxy-THC was a criminal act, not the substance that lingers in the bloodstream for thirty days.  Source: Arizona v. Shilgevorkyan (Arizona Supreme Court, 4/22/2014) and www.TheNewspaper.com.

The take-away from this decision is that Ohio needs to legalize marijuana so as to avoid massive injustice.  Ohio can punish stoned driving without making a de facto zero tolerance law that will do nothing but foster disrespect for the law and the people who enforce it.

 

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 DUI blog.  You can email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

To learn about stoned driving contact me, or check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

 

The Kettering DUI Law Firm of Charles M. Rowland II

Kettering DUI law firmThe Kettering DUI law firm of Babb & Rowland  has proudly represented the accused drunk driver in the Kettering Municipal Court since 1995.  You can find us on the web at www.KetteringDUI.com, www.KetteringOVI.com, and www.MoraineDUI.com.  According to AVVO, Charles M. Rowland II is the only Superb 10/10 rated attorney who devotes 100% of his practice to DUI defense in Kettering.  He has also been featured in Car & Driver and Time Magazine for excellence in the field of DUI defense.  

Kettering DUI?  If you have been arrested for OVI inCenterville, KetteringMoraine or Washington Township, your misdemeanor OVI case will be heard in the Kettering Municipal Court.  If you need to find information about a case in the Kettering Municipal Court you can searchHERE for case information/case look-up,  or visit the court’s web site HERE.  You should also follow our Kettering DUI law firm on Facebook where we will keep you up to date on OVI saturation patrols and OVI checkpoints in and around the jurisdiction of the Kettering Municipal Court.

If you are arrested in Moraine, Ohio on suspicion of an OVI (better known as “DUI” or drunk driving), your OVI case may be handled in the Moraine Mayor’s Court which is located at 4200 Dryden Road, Moraine, Ohio 45439.  Your attorney will meet with a prosecuting attorney who represents the city at the Moraine City Building for purposes of plea negotiations.  If your Moraine OVI case requires a motion to suppress, or if you request that the matter be set for trial, your case will be transferred to the Kettering Municipal Court for adjudication pursuant to Ohio law.  Our Kettering DUI law firm is ready to represent you in the Moraine Mayor’s Court as well as the Kettering Municipal Court.

 

The Fairborn Municipal Court is located at 1148 Kaufmann Ave, Fairborn, Ohio 45324.  The telephone number for the court is (937) 754-3040, Fax (937) 879-4422.  The normal business hours for the court are 7:30 a.m. for 4:00 p.m.  The jurisdiction of the court includes BeavercreekBeavercreek TownshipFairborn and Bath Township. If you are looking for a case in the Fairborn/Beavercreek Municipal Court visit the Court’s web site here: http://ci.fairborn.oh.us/court.htm.  The Court also posts a list of its common fees on their site.  The Judge of the Fairborn/Beavercreek Municipal Court is the honorable Beth Root who was elected in 2007 to a six year term.

The Kettering DUI law firm of Babb & Rowland and Kettering OVI 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 DUI blog.  You can emailCharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

 Our Kettering DUI Law firm offers city-specific DUI information at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville 

 

Kettering OVI Checkpoint (August 16, 2013)

Kettering OVI checkpointIf you live in Kettering, be prepared for an OVI checkpoint.  The Kettering Police Department, in conjunction with the Montgomery County OVI Task Force, announced today that a Kettering OVI checkpoint will be held from 10 p.m. today to 2 a.m. Saturday in the 2700 block of Wilmington Pike in Kettering.  In addition to the Kettering OVI checkpoint, the Clark County OVI Task Force has announced that they will be conducting over 1000 hours of aggressive saturation patrols in and around Springfield, Ohio throughout the Labor Day holiday.

The Kettering OVI checkpoint will be accompanied by aggressive saturation patrols.  If you want to receive updated information on OVI checkpoints,  enhanced traffic enforcement, saturation patrols and other important developments that affect you, sign up for text alerts on the main page of this blog.  Text alerts will be sent directly to your mobile device/smartphone in the location you choose in the Miami Valley.  In the past month we have alerted our followers to the State Route 35 traffic initiative and three local sobriety checkpoints.  You should also know that we respect your trust and we will never send you irrelevant information and/or advertisements.  This service is free and available to the general public.

You can also put DaytonDUI on your Android Smart phone via the DaytonDUI app.  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.

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 this CONTACT form.  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.

 Kettering OVI checkpoint information is available via the Kettering OVI checkpoint alert (Check your text!).

OVI Trial Strategy: The Cop Was Not A Liar (by DaytonDUI)

Most Americans trust and respect police officers.  If you think that you will be able to go into a courtroom and overcome this ingrained belief you are, most of the time, dead wrong.  Americans do not like drunk drivers.  If you think that you can win an OVI case by calling the police officer a liar, you will probably lose.  One of the biggest mistakes an attorney can make is to position your case so that the jury must choose between believing the officer’s version of events or your version of events.  Jury verdict research suggest a modified approach.

The officer is most likely just doing his job when he comes in contact with your client.  Most cases involve an officer that acts professionally.  Jurors will see this.  Instead of being combative, cross-examine the officer in such a way that you meld his story with your client’s.  Generally develop the theme that the officer took the most damning aspects of the evidence and used them against your client instead of giving him a fair chance.  An example is bloodshot or glassy eyes.  “There are other common causes of red eyes other than alcohol, aren’t there officer?”  You could ask about whether or not the officer inquired about other causes, whether the officer asked the accused to explain and whether or not the officer has any training in determining what constitutes bloodshot/glassy/red eyes.  When you take this approach the officer’s testimony will often open a door.  You could argue that the officer made a mistake just this once.  You may also be able to argue that the officer had his mind made up that your client was drunk as soon as he made initial contact. Lawrence Taylor, a great DUI attorney from California, often begins his cross-examination  of the officer by asking, “You testified that the defendant was under the influence of alcohol. Is it possible you are wrong?”

Nothing substitutes for experience and preparation.  A careful and thorough reading of the discovery, a detailed examination of any video tapes that exist, a visit to the scene of the arrest and a comprehensive interview with your client will help you develop at theme that will allow the jury to see the facts in a light most favorable to your client.  The goal is not a total anhiliation of the officer, but a path to reasonable doubt.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, SpringfieldKetteringVandaliaXeniaMiamisburgHuber HeightsBeavercreekCentervilleSpringboro, 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.

Kettering Municipal Court Traffic Safety Program (by DaytonDUI)

Kettering Municipal Court offers a Traffic Safety Program for eligible participants which allows you to attend a class instead of receiving points for your traffic citation(s). Classes are held monthly on a Tuesday evening from 6:00 to 9:00 p.m. and are taught by police officers at either the Kettering Police Department, 3600 Shroyer Road, or the Centerville Police Department, 155 W. Spring Valley Road. Upon successful completion of the program, your citation will be dismissed and will not appear on your driving record, and you will receive no points on your driving record.

You may be eligible for the Traffic Safety Program if:

  • You can provide proof of automobile insurance
  • Your traffic violation does not have any accompanying criminal charges
  • You have not had a moving traffic violation within the last 24 months
  • You have not been through the Kettering Traffic Safety Program within the last 24 months
  • You plead guilty to the offense by signing the back of your ticket
  • You have not already paid the fine for your citation
  • You must register and pay for the class by the court date listed on your citation

In addition, if you were cited for any of the following violations, you will not be eligible for the program:

  • Driving under suspension
  • Driving under the influence (of alcohol or other drugs)
  • Drag Racing
  • Reckless operation/fleeing police
  • Passing a school bus and school zone violations 10 mph or more over the limit
  • Leaving the scene of an accident
  • Traffic accident violations and violations that may result in liability issues
  • Intentional damage to property or injury to persons

The Traffic Safety Program Director has the right to deny entry to anyone based on past history or inability to meet program criteria.

Sign Up for the Program

If you would like to sign up for the Traffic Safety Program, you must apply in person at Kettering Municipal Court Probation Department. Be sure to come in to apply on or before your court date.

Please be aware: failure to attend the class when assigned will result in a guilty plea being accepted by the Court and the fee for the program will be applied to court costs, fines and school costs. For questions about the program, please contact our Probation Department at 937-296-3328.

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.