Posts Tagged ‘kettering ovi attorney’

Blood Contamination & Candida Albicans (by DaytonDUI)

May 10th, 2013

Feeling Faint

If a blood sample is not properly preserved it can decompose.  One of the results of decomposition is the creation of alcohol.  According to Lawrence Taylor in his seminal Drunk Driving Defense, 6th Ed., pp. 561, “Ethyl alcohol is generated by fermentation of carbohydrates and proteins in the blood sample.  This occurs through the actions of various microorganisms.  The simplest and one of the most common processes is the breakdown of enzymes by one of various species of the yeast Candida, such as Candida albicans.”  The results of the fermentation in the blood vial is dramatic.  For example, a blood sample which contains no alcohol can decompose and cause a reading of .25 percent or even higher, depending on the stage of decay. (See Taylor, Id. at 561).

Proper handling of the blood sample requires the refrigeration of the blood sample.  The problem is that refrigeration can only slow down the decomposition process not end it completely.  Another protective measure is the addition of a preservative, such as sodium fluoride.  Scientific studies (as cited in Taylor, Id. at 563) suggest that sodium fluoride can be ineffective in preventing alcohol production by Candida albicans.  Counsel should also be aware of common human errors which can occur following collection of the blood sample.  It is not at all uncommon for the blood to be collected and the vial not inverted to allow the mixing of the preservative and the sample.  Make sure that your DUI defense attorney is aware of these problems which may prevent the introduction of your blood test, or provide you with a viable defense in your case.

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. “All I do is DUI”

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“LIKE” DaytonDUI on Facebook

April 9th, 2013

facebook8,000 DaytonDUI Fans Can’t Be Wrong

If you like the articles related to Ohio DUI law that you see here, please join our 8,000+ fans on Facebook.  The Dayton DUI Facebook page is a constant feed of information related to Ohio DUI law, decisions from the Ohio and United States Supreme Court, red-light cameras, checkpoints throughout Ohio, developments in civil liberties and the latest information about DaytonDUI.  I promise to work really hard to bring you relevant, funny and enlightening content on a daily basis.  Facebook also offers you a way to participate and register your opinions about Ohio’s tough DUI laws.  So please consider giving us a “LIKE” [HERE].

Charles M. Rowland II dedicates his practice to representing the accused drunk driver in Dayton and throughout the Miami Valley.  He regularly appears in the Fairborn Municipal Court, Beavercreek Municipal Court, Clark County Municipal Court, Kettering Municipal Court, Dayton Municipal  Court, Miamisburg Municipal Court, Xenia Municipal Court, Vandalia Municipal Court, Montgomery County Municipal Court Eastern Division (Huber Heights), Montgomery County Municipal Court Western Division (New Lebanon), and in other courts throughout Ohio.

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

February 27th, 2013

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.

Arrested at Wright-Patterson AFB?

January 22nd, 2013

English: C-5A 70-0448, 445th Operations Group ...

WE CAN HELP IF YOU ARE ARRESTED ON BASE

We have a former J.A.G. officer on staff to help with military DUI/OVI cases.  Located conveniently near Wright-Patterson Air Force Base, Charles M. Rowland II has successfully represented active-duty military, contractors, and civilian employees for over 15 years.  He knows how to deal with issues of deployment, security clearances, loss of rank, loss of on-base driving privileges and issues related to out-of-state licenses.  If you find yourself arrested for OVI in or near Wright-Patterson Air Force Base and you will be required to appear in the United State Federal Court or the Fairborn Municipal Court contact Charles Rowland today.

Charles Rowland is licensed to practice in the State of Ohio and concentrates his  OVI, DUI and Drunk Driving practice in the following counties: Montgomery, Greene, Miami, Warren, Butler, Preble, Darke, Logan, Clinton, Shelby, Champaign, Clark, Clermont and Hamilton, Ohio. Charles Rowland practices in the following municipal courts: Kettering Municipal, Dayton Municipal, Montgomery County Area Courts One and Two, Trotwood and Huber Heights, Miamisburg Municipal, Vandalia Municipal, Xenia Municipal, Fairborn Municipal, Clark County Municipal, Troy Municipal, Franklin County Municipal, Hamilton County Municipal, Butler County Municipal Courts Area One Two and Three.

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. “All I do is DUI”

 

Avoid A DUI This New Year’s Eve (by DaytonDUI)

December 31st, 2012

New-Years-EveThe best way to avoid a DUI this holiday season is to think ahead.

I have been defending the accused drunk driver since 1995.  Countless people have sat in my office lamenting the fact that they could have avoided the DUI charge by deciding to hail a cab, call a friend or waiting for their sober friend to drive them home.  It is my belief that the solution to drunk driving as a societal problem involves  focusing on the prevention of the drunk driving situation.  Let’s make things easier for a person to make a good decision.  Here are some tips to help you avoid a DUI this New Year’s Eve and make good decisions.

DOWNLOAD THE DAYTONDUI ANDROID APP. The app is our latest attempt to bring you information on Ohio’s tough drunk driving laws and make it easier for our clients to avoid a drunk driving situation.  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.

1-800-TAXICAB. Here’s an excellent alternative to drinking and driving:  take a taxi!  Sounds easy.  Well it’s even easier now with “One Number Nationwide®” for a taxi from 1-800-TAXICAB®. You don’t have to spend lots of time trying to figure out a local taxi company to call — we’ve already made it easy.  Simply dial 1-800-TAXICAB® or visit The National Taxi Directory™ online to arrange for a taxi to take you out for your night on the town. Plan ahead and go out with friends to share the cost.  Many taxi companies allow up to 4 passengers to ride for the price of 1 — now that makes it super cost effective! And when the evening is done and you are ready to head back home or to your hotel, you already know the easiest toll-free telephone number for a local taxi:  1-800-TAXICAB®.  No matter what you think the taxi fare will cost, it will be worth it in terms of safety to you and those around you.  And of course, the fare will be incomparably cheaper than a DUI/DWI.

OPERATION ARRIVE SAFE. If you consume too much to drive this New Year’s Holiday and you are in Montgomery County your ride is free.  Operaton Arrive Safe, a program sponsored by the Montgomery County Prosecuting Attorney’s Office and the Ohio State Highway Patrol will pay for a cab to give you a lift.  This program, which was started in Christmas 2007, has provided over 800 cab rides to prevent drunk driving.  If you need a cab call (937) 449-9999.

NATIONAL DIRECTORY OF DESIGNATED DRIVER SERVICES.  Here’s a common situation.  You have driven somewhere and gotten drunk.  You know you should not drive.  You could take the bus or a cab.  However, that leaves your car behind.  You need your car in the morning.  What to do?  Risk it?  Not if you know to go to the National Directory of Designated Driver Services which covers both Montgomery and Warren Counties.  These service included: Be My DD, Devine Designated Driver, the WrightRide Home,  and Take Me Home Tonight.

CALL A FRIEND/BE A FRIEND.  All of us have friends who we know will find themselves drinking too much this holiday season.  If you fear your friend may need a taxi service/designated driver/safe ride home consider giving a gift card for a free taxi ride at any of the services.  You should also consider offering yourself as a safe ride either as a designated driver or as a person who will drive home no matter what.  If you need help steering your friend to addiction resources or setting safe boundaries for yourself, please contact any of the counselors at TCN-BHS in Greene County.  There are numerous on-line services to help you bring up addiction with a friend. TCN provides 24-hours Emergency Services. Please call 376-8701 for immediate response. 

BE MINDFUL OF POLICE ACTIVITIES.  Anyone who has read this page on a consistent basis know my unwavering opposition to sobriety checkpoints.  I believe them to be unconstitutional and anathema to everything I want America to be.  However, if you believe the United State Supreme Court (see Michigan v. Sitz), they upheld DUI checkpoints under the theory that their publication has a deterrent effect.  We publicize OVI checkpoints because we want to help people know of the police presence and plan ahead.  If this form of deterrence works for you, then please use our site as a prophylactic measure to prevent yourself from driving drunk.

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.