Tag: MADD

prom ovi

It Is Prom OVI Season – Talk To Your Kids!

00DUI Under 21/JuvenileTags: , , , , , , , ,

Prom OVI season is here! That means that Mothers Against Drunk Driving and their partners in law enforcement have begun the annual Prom enforcement blitz.  In addition to tuxedos, ugly wrist corsages and the awkward pictures; make sure you talk to your teen about managing a police encounter.

MADD has shifted its focus away from its singular mission of preventing drunk driving, to include an effort to curb underage drinking.  The Prom OVI enforcement is used in conjunction with their efforts at instilling fear amongst parents who may provide alcohol to minors in their home.  This initiative has been aided by a national ad campaign called “Parents Who Host Lose The Most.”  As prom season approaches you may be confronted with information about furnishing alcohol to minors and the penalties associated with such action.  Ohio Revised Code Section 4301.69 contains most of the information concerning underage alcohol possession and use. Penalties are in Ohio Revised Code Section 4301.99.

An unsuspecting person who furnishes alcohol to an underage person is guilty of a first-degree misdemeanor. The maximum penalty associated with this offense is six months in jail or $1,000 fine or both. A social host, therefore, risks being fined and imprisoned when he/she furnishes alcohol to a person who is not 21 years of age. Keep in mind that you don’t have to be in the house – if you are negligent in supervision or permissive you can be charged with social hosting.  If you purchase a hotel room, provide a campsite, or have people in your house or on your property you will be held responsible for what happens.

In addition to the penalties for furnishing alcohol to minors, you may also face a rioting charge if your party is deemed unruly or draws police attention. Rioting is defined as four or more persons engaged in disorderly conduct, and it is “aggravated” if those involved commit or act with the purpose to commit a felony or an act of violence. Aggravated Riot also includes situations where those involved are carrying weapons. Aggravated Riot is a felony, and Riot is a first-degree misdemeanor. Under a law passed in 2003, if you are convicted of rioting or aggravated rioting, you will be immediately expelled for one year from all state-supported colleges in Ohio, and will be ineligible for state financial aid for two years.

The best way to avoid a problem is to plan ahead and designate a sober driver or hire a limousine service for the night.  If you do face a Prom OVI, contact attorney Charles M. Rowland II at (937) 318-1384. 

Keywords: Dayton DUI, Dayton OVI, Prom OVI, Prom enforcement,

DUI Law Update: MADD Gets Its Cake And Eats It Too!

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This DUI law update sets forth an alternate interpretation of MADDs attempt to pass Annie’s Law.  Is it possible that MADD has seen the error of its ways and is seeking to do damage control?  DUI law updateThe most common complaint about DUI enforcement in the State of Ohio concerns the ability of a police officer to seize your license and prevent you from driving for 15 or 30 days (first offense) before you are even taken to court.  We often hear a shocked response of, “What about innocent until proven guilty?”  Is this criticism causing MADD to look for a different (yet much more harsh) penalty?

The people who bear the brunt of the law (called Implied Consent) are the family members who must put their lives on hold to arrange for rides both to and from work until the court  grants limited driving privileges.  Some courts choose not to grant driving privileges prior to the pre-trial or until a person’s case gets disposed of causing a tremendous burden on families, loss of jobs or forcing a person to risk another criminal offense by driving under an ALS suspension.

Again, the question arises about our values.  Can we punish prior to a finding of guilt?  The answer from MADD and their allies in the Ohio legislature has been to say, “Tough luck.”  As drunk driving incidents have declined and society has come to loathe drunk drivers, they continue to advocate harsher and harsher laws.   Annie’s Law will require first-time offenders to install an expensive ignition interlock device in order to get driving privileges.

With the advent of the DUI law update: Annie’s Law, MADD gets it cake and eats it too.  They are gleeful at the idea of passing another neo-prohibitionist law.  Just listen to their Ohio director,  “It’s like having an electronic probation officer in the front seat,” says MADD Ohio State Executive Director Doug Scoles from his Columbus office. “You can’t drink and drive, period. The point is, why do we care where they go? That’s ridiculous. Let them go to work. Let them go to the game. Let them go to the store. That’s our whole mentality behind this. I think it’s a win-win-win situation. Nobody loses on this.”  What he means is that once ordered the judge can let you drive, but the punishment is still there and in many ways far worse.

Yet Annie’s law is a bit too much for some of MADDs traditional allies.  Opposing the bill is the Ohio Judicial Conference (OJC), an association representing every judge working in the state. The OJC states the bill is costly for working-class families as the in-car breathalyzers are expensive to purchase and install, while indigent offenders will cost the state much needed public funds. What’s more, said the OJC, the majority of first-time offenders “do not reoffend.”

The neo-prohibitionist agenda of MADD is not in step with society.  We do view drinking and driving as acceptable.  We all want impaired people off our roadways, but we are no longer willing to follow the “win at any cost to the constitution” approach advocated by MADD.  We are no longer willing to accept a “WAR” against ourselves, intrusive road blocks, forced blood draws, passive in-car alcohol detectors, mandatory license suspensions, scarlet letter license plates, and Annie’s Law.  Is it now acceptable to have “an electronic probation officer” in every car?

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 Dayton DUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog.  Email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

For more DUI Law Update check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandalia, MiamisburgXeniaHuber HeightsOakwoodBeavercreekCenterville

keyword: DUI law update, OVI law update, OVI law, DUI law

The Ohio Investigative Unit Conducts “Trace Back Investigations”

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Ohio Investigative UnitThe Ohio Investigative Unit (formerly Liquor Control) has taken on a new task in Ohio – “trace back” investigations.  When a fatal crash occurs and alcohol or drugs are suspected, the OIU will step in to see where the alcohol came from and whether or not the person providing the alcohol or drugs can be held responsible.

Through an integrated re-structuring within the Ohio Department of Public Safety that will reduce facility costs, streamline administrative functions and lead to better collaboration through improved information sharing and oversight, Ohio troopers will continue to focus on the suspected impaired driver, but Ohio Investigative Unit (OIU) agents (formerly referred to as liquor agents) will now investigate if there are other criminal violations which may have led to the driver’s impairment.

“Trace-back” investigations will be made available without cost to any Ohio law enforcement agency as well. Officials said this may be the first and most comprehensive effort of its type in the United States.  Critics (like me) say that this revives a prohibition era idea of punishing the providers of alcohol rather than holding the individuals responsible for their actions.  It is a method of inducing fear in sellers so as to create a taboo related to alcohol.  It also coincides with the new goals of the Mothers Against Drunk Driving (MADD) which has sought to demonize providers of alcohol to minors, be they store clerks or parents.

ODPS Director Thomas P. Charles said. “We owe it to the families who have lost a loved one, whose lives never are the same because of a senseless act, to find out all the facts that led to the tragedy.”  Director Charles said the new structure will allow Ohio Investigative Unit agents to focus efforts on three keys areas: trace-back investigations on all fatal and serious injury crashes in which alcohol and drugs are suspected; special investigations such as human trafficking in liquor establishments; and investigations of serious violations of Ohio’s liquor laws. Source

We have seen investigations of this type in recent fatal accidents.  A convenience store clerk was charged and faces a possible six (6) months in jail as a result of an incident involving a sale to a minor who subsequently crashed and died as a result of his injuries. [HERE]  The store faces the revocation of its liquor license.

Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in every DUI court 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 more about the Ohio Investigative Unit, check these DUI Court city-specific sites at the following links:

FairbornDaytonSpringfieldKettering,  VandaliaXeniaMiamisburg, Centerville, Oakwood, Huber Heights and D8NDUI.com

First Time DUI Offenders Required To Install Breathalyzer

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The Columbus Dispatch just published an article (see video above) about the first time DUI breathalyzer bill.  If “Annie’s Law” is passed by the Ohio legislature, it will require first time offenders to put an in-car breathalyzer in their car before they will be allowed to drive.  People who are not yet convicted and presumably innocent until “proven” guilty will face yet another mandatory penalty.  The law now allows judges to order the ignition interlocks, but the House bill would make their use mandatory.  Under current law, only offenders convicted twice within six years must use the devices.  This is another example of the Ohio legislature making tough DUI laws even more harsh.

People arrested for a first time DUI offense would be required to lease the interlock devices, which cost $70 to $150 to install. A $60 to $90 monthly fee includes downloading data to see if a failed breath test prevented the car from starting. “For the first time it’s going a little too far, said Danny Moore of Dayton.  It seems really unfair to me. It seems like a waste of money for someone who just made a mistake, agreed Mary Damar of Dayton.” Regular readers of this blog have been on notice of this bill since it was announced as a MADD priority years ago. (See May 22, April 2,  and March 10).

The loudest voice is the American Beverage Institute, which disagrees with states that force first time offenders to install Ignition Interlock citing the fact that repeat offenders cause the vast majority of alcohol related fatalities.  Interlock search devices are used in all 50 states and the District of Columbia. However, states vary widely in how the ignition interlock devices are used and which drivers are required to install them. In West Virginia, for example, interlock devices are only ordered at a judge’s discretion while Michigan mandates their use for drivers who are found with a BAC more than twice the state’s legal limit. In Ohio, ignition interlock devices are required for any driver accused of a second OVI (drunk driving) offense and are otherwise discretionary to the judge. NHTSA and MADD want to eliminate these discrepancies and urge the adoption of a model rule which covers first-time offenders with a BAC just over the legal limit and would require the installation of ignition-preventing interlock search devices on hundreds of thousands more vehicles. Currently, only 20 states require the devices for anyone convicted of a drunken driving-related offense.

first time duiCharles 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 DUI consultation for a first time DUI, check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburg, Huber HeightsOakwoodBeavercreekCenterville

Keywords in this article include: First Time DUI Offenders, Breathalyzer, Ignition Interlock Device, Annie’s Law

Have You Heard Of Powdered Alcohol? Palcohol?

00DUI & College, DUI Under 21/JuvenileTags: , , , , , , , , , , , , , ,

PalcoholThis week the release of powdered alcohol “palcohol” was approved, then rescinded, then changed to delayed.

First the Alcohol and Tobacco Tax and Trade Bureau, a branch of the Treasury Department issued “label approval” on April 8th.  Apparently this was not the case as many internet sources began reporting that the ATT&T rescinded the approval.  Well now, the news seems to be that there will be a delay as the labeling on the product is changed.  So you will have to wait until the fall for your powdered treats.

On its website, Palcohol says it plans to offer six varieties, including vodka, rum and four cocktails — Cosmopolitan, Mojito, Powderita and Lemon Drop. The site says that a package weighs about an ounce and can fit into any pocket. It warns people that the powder should not be snorted.

Mothers Against Drunk Driving (MADD) has come out hard against palcohol, labeling it a threat and an enticement to underage drinkers.

The following is “Everything You Need To Know” from their website.

1. Who created it and what exactly is it? Mark Phillips created it. Click on the link above for information about Mark.

Imagine a Margarita on a counter. And then imagine if you could snap your fingers and it would turn into powder. That’s Palcohol….without the magic. Palcohol is just a powder version of vodka, rum and four cocktails….with the same alcoholic content.

2. Why create Palcohol? Mark is an active guy…hiking, biking, camping, kayaking, etc. After hours of an activity, he sometimes wanted to relax and enjoy a refreshing adult beverage. But those activities, and many others, don’t lend themselves to lugging heavy bottles of wine, beer or spirits. The only liquid he wanted to carry was water.

So he thought? Wouldn’t it be great to have alcohol in powder form so all one had to do is add water? Since powder is light and compact, it wouldn’t be a burden to carry.

Mark searched for powdered alcohol and it wasn’t available. So he began his quest to create it. After years of research, experimentation and consultation with scientists around the world, he finally came up with powdered alcohol and called it Palcohol.

Now Palcohol is here. A great convenience for the person on the go. One package weighs about an ounce and is small enough to fit into any pocket.

It’s not just for the sportsperson. Palcohol can be transported in your luggage without the fear of bottles breaking. In any situation where weight and breakage is an issue, Palcohol provides the answer. That’s why we say, “Take your Pal wherever you go!”

3. What is the alcoholic content when consuming it? Palcohol, when used as directed, by adding five ounces of liquid to it, is equal to a standard mixed drink.

4. What’s in it? It varies per version but basically, alcohol….and in the cocktail versions, natural flavorings and Sucralose as a sweetener. The ingredients of each version are listed on the front of the package. Palcohol is gluten free.

5. How is it made? If we told you, we’d have to shoot you. We are in the process of patenting it and it is currently patent pending.

6. What flavors are there? We plan on releasing six versions sold in a pouch that is the equivalent to one shot of alcohol:

V which is powder made from premium vodka distilled four times.
R which is powder made from premium Puerto Rican rum

V and R can be used two ways. One way is by adding five ounces of your favorite mixer to make a Rum and Coke, Vodka and Orange Juice, etc. Another option is adding five ounces of water to the powder and then adding a flavored drink powder to make it any flavor you want. The result is equivalent to one average mixed drink.

The four cocktail versions are:

Cosmopolitan
Mojito
Powderita – tastes just like a Margarita
Lemon Drop

Just add water to these four flavors for an instant cocktail.

7. Who owns Palcohol? Palcohol is owned by a privately held company called Lipsmark. There are no investment opportunities at this time nor do we plan on going public anytime soon.

8. Are we looking for investors, distributors or employees? No, no and no but thanks for offering. For those people who want to sell it or buy packages of it, please subscribe to our mailing list to receive that information down the road.

9. Where will it be sold? Think of Palcohol as liquor….just in powder form. It will be sold anywhere where liquor can be sold and a buyer must be of legal drinking age to buy it. It will be available both in the United States and abroad and it can also be bought online.

10. Can Palcohol be added to food? Beer, wine and spirits are often added to dishes to enhance the flavor. When you add Palcohol to food, you’re not really adding flavor to the dish, just alcohol. We’ve been experimenting with it like adding Powderita powder to guacamole, Cosmopolitan powder on a salad, V in a vodka sauce, etc. It gives the food a kick.

As Palcohol is a new product, we have yet to understand its potential of being added to food. As always, please use it responsibly. Because it adds alcohol to the dish, do not serve the dish to minors.

11. Can I snort it? We have seen comments about goofballs wanting to snort it. Don’t do it! It is not a responsible or smart way to use the product. To take precautions against this action, we’ve added volume to the powder so it would take more than a half of a cup of powder to get the equivalent of one drink up your nose. You would feel a lot of pain for very little gain. Just use it the right way.

12. When will it be available? We expect it to be for sale this fall. No samples will be released ahead of time.

14. What is the calorie content? Well, it depends on what liquid you add to it. The powder by itself is about 80 calories per bag.

And lastly, we want to emphasize again, when Palcohol is available, to use it responsibly and legally.

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 more about palcohol check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville