Tag: kettering ovi attorney

Kettering Municipal Court

Mandatory Appearances In The Kettering Municipal Court

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Some people who are charged with an OVI in the Kettering Municipal Court think that they can skip their first appearance. This is not the case.  Many traffic and some criminal citations are payable in the Clerk’s Office and do not require a court appearance in front of the judge. These are called “waiverable” citations. You can choose to appear before the judge on your court date for these citations. Or, you can choose to waive your right to a hearing in court, plead guilty and pay your costs and fines for these citations in the Clerk’s Office. Waiverable citations must be taken care of on or before your court date. Your court date is listed near the bottom of your citation.

Other offenses are considered “non-waiverable” – meaning that you must appear before a Judge. Some of the most commonly-cited “non-waiverable” offenses include:

  • Indictable felony offenses.
  • Operating a motor vehicle while under the influence of alcohol or any drug of abuse, or permitting another person who is under the influence of alcohol or any drug of abuse to operate a motor vehicle owned by the defendant or in his custody or control.
  • Reckless driving where charged under Kettering Ordinance as a fourth degree misdemeanor.
  • Leaving the scene of an accident.
  • Driving under suspension/revocation or without a license when jail is a possible penalty.
  • Failure to stop and remain standing upon meeting or overtaking a school bus stopped on the highway for the purpose of receiving or discharging a school child.
  • Willfully eluding or fleeing a police officer.
  • Passing a stopped school bus.
  • Drag racing.
  • Drug-related offenses with the exception of public intoxication M-M and M-4.
  • All speeding citations which are for 36+ miles per hour over the posted speed limit.
  • Wrongful entrustment.

The jurisdiction of the Kettering Municipal Court includes the Cities of Kettering and Centerville or Washington Township.  In addition, the Court handles criminal offenses and some traffic offenses which occur in the City of Moraine. If you were cited in Moraine, your ticket will tell you where to appear.

slider-call-nowIf you find yourself facing an OVI charge in the Kettering Municipal Court, do not miss your court date. If you need to speak to an attorney immediately, please call Charles M. Rowland II at (937) 776-2671. You can also visit KetteringOVI.com for more information about the Kettering Municipal Court.

 

Kettering Municipal Court

Kettering Municipal Court Statistics Show Drop In Cases

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The Kettering Municipal Court appears to have experienced a significant reduction in the number of cases it is handling.  According to statistics HERE, the number of cases heard has dropped from 17,369 in 2013 to 15,819 in 2014.  But that does not tell the whole story.

Despite the drop in total number of cases, criminal cases are up. The court dealt with 2,707 criminal cases in 2013 and saw that number rise to 2,876 in 2014.  Similarly, civil/small claims filing rose from 1,219 to 1,364.  The drop looks to be a reduced traffic docket.  Traffic cases dropped from 13,443 in 2013 to 11,579 in 2014.

Compared to many local municipal courts this is bucking a trend.  As the economy has improved, many jurisdictions have been able to hire/re-hire law enforcement officers. The increased officers means more patrols which leads to more cases.

Kettering Municipal Court serves a population of approximately 117,000 and has jurisdiction over Washington Township and the Cities of Centerville, Kettering and Moraine.

If you need to speak with an attorney who regularly handles OVI cases in the Kettering Municipal Court, contact Charles M. Rowland II at www.KetteringDUI.com, www.KetteringOVI.com or at 937-318-1384.

The Kettering Municipal Court Welcomes Judge James Long

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Kettering Municipal CourtThere is a new Judge in the Kettering Municipal Court.  Long-time Kettering City prosecutor and former Public Defender James F. Long was announced as the choice to fill the spot of retiring Judge Thomas Hanna.  Judge Long  has run his own law practice and is head coach as well as assistant program coordinator of the South Dayton Knights Basketball Club. He has coached and mentored a number of sports teams in and around Kettering.  Judge Long’s educational background includes having earned a bachelor of arts in political science from Ohio Northern University and a juris doctorate from Ohio State University’s Moritz College of Law.  Judge Long must run again in November to retain his seat for the rest of the term, which ends in December 2017.

Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Kettering Municipal Court and throughout Ohio.  He has the credentials and the experience to win your case and has made himself Kettering’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 Hotline at (937) 776-2671.  You can have an attorney at your fingertips by downloading the DaytonDUI Android App or have us 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 more about the Kettering Municipal Court, contact me, or check these city-specific sites at the following links:
FairbornDaytonSpringfieldKettering Municipal CourtVandaliaXenia, Huber HeightsMiamisburg, OakwoodBeavercreekCenterville

Kettering OVI Checkpoint Tonight! (Aug. 29, 2014)

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Kettering OVI checkpointKettering OVI checkpoint tonight! The Kettering Police Department will conduct an OVI sobriety checkpoint Friday night from 11:00 p.m. until 3:00 a.m. at the 1000 block of East Dorothy Lane.  The OVI checkpoint will be accompanied by aggressive saturation patrols.  This checkpoint is paid for by federal grant funds and is part of the Drive Sober or Get Pulled Over campaign.

If you want to receive updated information on Springfield OVI checkpoint locations, enhanced traffic enforcement, saturation patrols and other important developments that affect you, sign up for text alerts on the main page of this blog. OVI checkpoint 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. We provide OVI checkpoint information because our sincere desire is to make our roads a safer place.

Kettering OVI checkpoint 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.”

For more on Kettering OVI checkpoint call me, or check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburg, Huber HeightsOakwoodBeavercreekCenterville

Keywords, Kettering OVI checkpoint, Kettering DUI checkpoint, Kettering sobriety checkpoint

First Offense Kettering OVI – What Is Going To Happen To Me?

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Kettering OVIfirst offense Kettering OVI is defined at O.R.C. 4511.19 as a DUI with no priors within 6 years.  A first offense OVI can be charged in three ways.  The first charge is caused by testing over the legal limit of .08% B.A.C. (example O.R.C. 4511.19(A)(1)(d)).  These types of offenses are also referred to as “per se”  violations.  A second way to be charged is for violating the high-tier provision of Ohio’s OVI law.  Ohio has also created a per se “high-tier” limit of .17% BrAC, sometimes referred to as a SUPER-OVI.  The per se high-tier limits for a first offense OVI are set forth at O.R.C. 4511.19(A)(1)

         (f) The person has a concentration of seventeen-hundredths of one per cent or more by weight per unit volume of alcohol in the person’s whole blood.

         (g) The person has a concentration of two hundred four-thousandths of one per cent or more by weight per unit volume of alcohol in the person’s blood serum or plasma.

         (h) The person has a concentration of seventeen-hundredths of one gram or more by weight of alcohol per two hundred ten liters of the person’s breath.

         (i) The person has a concentration of two hundred thirty-eight-thousandths of one gram or more by weight of alcohol per one hundred milliliters of the person’s urine.

Appreciable Impairment Offenses:  If you refuse to take a chemical test, the State will still be able to prove you guilty of a first offense Kettering OVI if they prove (beyond a reasonable doubt) that you  operated a motor vehicle in Ohio after having consumed some alcohol, drugs of abuse, or a combination of the two and their ability to operate the motor vehicle was appreciably impaired.  How does a jury determine “under the influence?”  The following is an excerpt from the Ohio Jury Instructions:

“Under the influence” means that the defendant consumed some (alcohol) (drug of abuse) (combination of alcohol and a drug of abuse), whether mild or potent, in such a quantity, whether small or great, that it adversely affected and noticeably impaired the defendant’s actions, reaction, or mental processes under the circumstances then existing and deprived the defendant of that clearness of intellect and control of himself/herself which he/she would otherwise have possessed. The question is not how much (alcohol) (drug of abuse) (alcohol and a drug of abuse) would affect an ordinary person.

The question is what effect did any (alcohol) (drug of abuse) (alcohol and a drug of abuse), consumed by the defendant, have on him/her at the time and place involved. If the consumption of (alcohol) (drug of abuse) (alcohol and a drug of abuse) so affected the nervous system, brain, or muscles of the defendant so as to impair, to a noticeable degree, his/her ability to operate the vehicle, then the defendant was under the influence. The Ohio jury Instruction cites language from State v. Hardy (1971), 28 Ohio St.2d 89, 57 O.O.2d 284, 276 N.E.2d 247; and State v. Steele (1952), 95 Ohio App. 107, 52 O.O. 488, 117 N.E.2d 617.

The “appreciable impairment offense” is set forth at Ohio Revised Code 4511.19(A)(1)(a) which states,

(A)(1) No person shall operate any vehicle, streetcar, or trackless trolley within this state, if, at the time of the operation, any of the following apply:

(a) The person is under the influence of alcohol, a drug of abuse, or a combination of them.

At DaytonDUI we refer to the (A)(1)(a), appreciable impairment offense as the OTIS standard, derived from the popular OTIS character featured on the classic Andy Griffith program.  OTIS was the stereotypical town drunk who often found himself in the Mayberry jail.  OTIS was obviously intoxicated based on how he looked, walked, acted and talked.  Viewers had no doubt that he was intoxicated.  Law enforcement will  attempt to prove impairment with the same evidence we use to judge OTIS.

Why Was I Charged With Two OVI Offenses?  Often, the arresting law enforcement officer will charge both the per seand appreciable impairment cases, knowing that you cannot be convicted of both.  In essence, the officer is hedging his bets, hoping that if your test is found to be faulty you can still be found guilty of being impaired.  At your trial or sentencing hearing, your conviction will either be for the per se or appreciable impairment charge.  Your DUI attorney will help you understand the pros and cons of any plea agreement and empower you to make choices that will benefit you on a short-term and long-term basis.  Choosing the best OVI attorney for your case is the most important decision that you can make and should not be rushed or taken lightly.

First Offense OVI Felony Offenses: If your first offense Kettering DUI involves the death or serious physical harm to another, you may face felony charges.  Aggravated Vehicular Homicide 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.  Aggravated Vehicular Assault is the crime of causing serious physical harm to a person while violating Ohio’s drunk driving statute.

A First Offense OVI Based On Drug Use:  You can also be charged with a per se offense based on the concentration of illicit drugs in your system.  To be convicted of a per se offense, the state must prove that a person operated a motor vehicle in Ohio and that at the time of operation, the person had a prohibited concentration of alcohol or drugs in their blood, breath or urine.  Your Kettering DUI attorney will devise defenses particular to the specific evidential test you took.  The admissibility of the results of these tests are dependant upon the arresting agency’s and testing organization’s compliance with the rules of the Ohio Administrative Code (OAC) as adopted and approved by the Ohio Department of Health.  At DaytonDUI, we know how to defend a breath test case and employ sophisticated scientific defenses to win your DUI case.  An oft’ quoted maxim that you should know is, “An arrest is not a conviction.”

First Offense OVI Penalties:  The following penalties are reserved for first offense DUI offenders.  Obviously, it is in your interests to hire counsel who can assess your case and provide you with an honest assessment of your case.  Be sure to discuss not only the mitigating factors that your attorney should know, but the not-so-good aspects of your case.  Judges have discretion to look at many factors in fashioning a remedy and your attorney should be able to give you an idea of how to approach your case so as to minimize any potential penalties.  Here are the range of possible penalties for a first offense DUI.

Jail – 3 Days Minimum up to 6 Months or,

Driver Intervention Program – For 3 Days

Jail – 6 Days (If Blood Alcohol Concentration .17 or Above)

License Suspension – From 6 Months to 3 Years

Reinstatement Fee – $475.00

Fine – From $375 to $1,075

Party Plates (Ohio’s Scarlet Letter)

When are yellow DUI plates required?  If you are convicted of OVI in Ohio, yellow “restricted plates” are required in certain circumstances.

If you are convicted of OVI as a first offense, the judge has discretion to order restricted plates as a condition of granting you limited driving privileges.

If you are placed under and administrative license suspension, a judge has discretion to order restricted plates as a condition of granting limited driving privileges.

Is an Interlock Ignition Device Mandatory?

The device is not mandatory on a first offense OVI in Ohio.  Judges have discretion to require the ignition interlock device on first offenses, but on subsequent offenses the IID is mandatory.  It is important to speak with an experienced DUI attorney who is familiar with the Court/judge presiding over your case to get an idea of whether or not you will likely receive an ignition interlock device on a first offense.  Be sure to talk with your attorney about aggravating factors in your case.  Be aware that MADD is pushing for the requirement that all first-time DUI offenders must use an ignition interlock device in order to get the car to start.  MADD is seeking to implement this mandate in the same way it coerced the states’ into adoption of a .08 alcohol standard, which is to tie the ignition interlock to receiving highway funds.  The language stipulates that if states want about 5 percent of their regularly allocated safety money, they must enact a law that requires first-time DUI offenders to install an ignition interlock device if they want to continue driving.  By seeking implementation in this way, MADD can avoid fights in more driver-friendly state legislatures.  Given the long history of pandering to MADD, this commentator is not hopeful of a pro-driver outcome.

Immobilization

If you do not have a prior OVI offense getting your car back is relatively easy as Ohio DUI law does not authorize immobilization as a penalty for a first offense.  Here are the steps you should take to get your car back.

Locate the proper tow lot;

Gather enough cash (or other proper payment) to pay towing and storage fees;

Gather proof of ownership; and

If you were placed under and Administrative License Suspension, get a licensed driver to drive your car from the impound lot.

If you have trouble with ANY of the items above, contact DaytonDUI and we will help get your car back.  We have even gone as far as having our staff drive to the tow lot on our client’s behalf.  It is to your advantage to move quickly in order to save storage fees.

What does a first offense DUI defense cost?  We encounter many people who want a rational, economic justification for hiring an OVI attorney on a first offense OVI.  The only study I could find on this topic was a 2006 Texas Department of Transportation study which calculated the costs of a drunk driving conviction “in that state showed the total costs of a DWI arrest and conviction for a first-time offender with no accident involved would range from $9,000 to $24,000.” [source]  In a story from CNBC citing that study, they speculate that total costs, absent you losing your job, could range as high as $20,000.  While projecting costs without knowing your particular circumstance is wildly speculative, here are some of the expenses you may realize:

  •          Fines.
  •          Court costs.
  •          Attorney fees.
  •          Bail.
  •          Loss of job.
  •          DUI “school.”
  •          Temporary loss of income.
  •          Car towing, impounding.
  •          Alternate transportation costs.
  •          Car ignition interlock device.
  •          Periodic blood testing.
  •          Monthly monitoring fees.
  •          Cost of incarceration.
  •          Increased auto insurance premiums

Obviously, if you were to lose your job and/or your career because of an Kettering OVI conviction, the lifetime costs skyrocket.  Insurance premiums, damages caused by personal injury or costs of restitution for property damages also cause the costs to climb.  Some of the expenses highlighted above can take years to come to fruition and the lingering effects of having a drunk driving conviction may be with you for life.  The good news is that a good DUI attorney can significantly curb the financial detriments incurred in a DUI case.  While predicting what an attorney can save you is just as wildly speculative as predicting costs, it is common for many of the costs to be subject to negotiation and/or reduction.  A reduction of the charge will not only lower the possible maximum fines, but can also get rid of ugly mandatory punishments required by Ohio’s OVI statute. O.R.C. 4511.19.  The best way to explore how much a vigorous DUI defense will costs in your case, contact Charles M. Rowland for a free consultation.

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 schedule a free Kettering OVI consultation contact me, or check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburg, Huber HeightsOakwoodBeavercreekCenterville