Posts Tagged ‘Miami Valley’

The Dayton DUI Blog Gets Recognition

July 31st, 2014

Dayton DUI BlogThis very Dayton DUI blog has received inclusion in the LawBlogs.net collection of prestigious legal blogs.  At LawBlogs.net they have collected blogs that deal with almost every conceivable area of law.  It is well organized and fully integrated so that you can follow it on Twitter, Facebook and G+.  Look for us listed as Ohio DUI | OVI Blog!

The founder, Matthias Klappenbach explains,

I would love to start building out this community of law blogs. Right now there’s barely anyone around. Visitors are coming through links from JuraBlogs.com or somehow find the site on Google. However I will keep adding features as I believe in the idea of aggregating the posts and building the “one-stop” to stay up to date. I would love to get some feedback on new features or new blogs and of course I will listed to critique as well.  Eventually my goal is to algorithmically curate the popular and trending legal posts and related articles from the main stream media. LawBlogs.net should be seen as a quick help to navigate through the vast amount of legal content published every day.

If you are interested in all things legal give it a try.  I am proud to be a member of this group of blogs and proud that our DUI blog content was deemed good enough to merit inclusion.

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 DUI or the Dayton DUI blog check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburg, Huber HeightsOakwoodBeavercreekCenterville

Vehicle Forfeiture: Where Does The Money Go?

July 30th, 2014

vehicle forfeiture

Have you ever wondered where the money goes following a vehicle forfeiture?

Does your police agency have some really cool sports cars, tricked out SUVs or ruggedly expensive off-road vehicles?  Chances are they got it via Ohio’s vehicle forfeiture law.  Pursuant to R.C. 4503.234(C)(1), the agency that arrested a defendant has a virtual right of first refusal on any forfeited vehicle.  All they have to do is satisfy the lienholder or the innocent non-owners interest if they have protected their interest in the vehicle.

If law enforcement does not want the vehicle it will be sent to auction.  Prior to the sale the prosecuting attorney must give public notice of the proposed sale.  See R.C. 4503.234(C)(2).  At the public auction, the vehicle is sold to the highest bidder – cash only!  R.C. 4503.234(C)(2)  Interestingly, if the “blue book” value of the vehicle is under $2,000.00 the court is authorized to dispose of it in any manner it deems appropriate. R.C. 4503.234(G).

 

  • When the vehicle is sold the money goes to the following people:
  • to the costs associated the the seizure, storage, maintenance, security, and sale;
  • to the value of any non-owner interest established in the vehicle;
  • any remaining proceeds up to $1,000.00 to the law enforcement trust fund [R.C. 2933,43(D)(1)(c) and (2)];

 

Whatever proceeds are left after that go to the following people:

 

  • 50% to the reparation fund [R.C. 2743.191];
  • 25% to the Drug Abuse Resistance Education Fund [R.C. 4511.191(F)(2)(e)]; and
  • 25% to the law enforcement trust fund [R.C. 2981.13]

The law has two particularly ugly provision relating to passengers.  If you are a passenger in a vehicle and you knew or should have known that the driver was impaired you cannot get reparations for your injuries proximately caused by the driver.  See R.C. 2743.191 as amended by SB 153.   No compensation will be paid to a passenger under the influence who should have reasonably known, if that passenger would have been sober, that the driver was under the influence. R.C. 2743.06(B).

As you can see from the priority list above, the law enforcement agency benefits more when an expensive vehicle is forfeited.  Usually, we call this policing for profit when the property is targeted by police so that they can reap a benefit.  Unlike drug forfeitures, however, a vehicle forfeiture in an Ohio OVI case are caused by the actions of the accused driver not by motivated policing.

Much of the vehicle forfeiture information provided herein is set forth at Ohio DUI Law, Weiler & Weiler, 2013-2014 ed.

 

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 information about vehicle forfeiture contact me, or check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburg, Huber HeightsOakwoodBeavercreekCenterville

 

Pay Online At The Vandalia Municipal Court

July 24th, 2014

Vandalia Municipal CourtThe Vandalia Municipal Court has made it easy to pay your violation using its website.  To find out how to make an online payment visit HERE.  To make a payment visit the court HERE.

If you choose this form of payment, please check with the court’s online records to make sure that you are paying for any and all citations against you.  The result of your search will display all cases relevant to that search. Tickets can contain up to seven (7) separate charges, if you are paying to waive a court appearance, make sure you are paying all the charges. Multiple cases per ticket are listed with letters after the case number as illustrated below:

vandalia court records

It is also important that you make sure the Vandalia Municipal Court receives proof that you had insurance at the time of your offense(s).  Proof of insurance is a requirement.  Again, please check with the court’s online records to see if proof of insurance was shown on your ticket. If you showed proof of insurance at the time of the offense (indicated as “Proof of Ins.?: Shown”), then you have complied with the State of Ohio requirements, no further action on your behalf is required. If you did not show proof of insurance at the time of the offense (indicated as “Proof of Ins.?: Not Shown”), the Court is required to notify the State of Ohio Bureau of Motor Vehicles who in turn will mail you a request for proof of insurance. Failure to comply will result in a suspension of your driving privileges. DO NOT SEND PROOF OF INSURANCE TO THE COURT AFTER PAYMENT.

Payment of Fines/Costs are also accepted by the Clerk’s Office as long as it is received prior to the date on the Fine and Court Cost order which you signed prior to leaving the Courthouse. If you missed the date, you MUST appear in person at the Clerk’s Office as a warrant may have been issued for your arrest and/or notification to the Bureau of Motor Vehicles of a license forfeiture and/or block along with additional fees.  This is important because it is more expensive for your attorney to deal with a warrant and potentially could land you in jail until it gets sorted out.

Certain offenses are NOT payable online and a Court appearance at the Vandalia Municipal Court  required. What follows is a list of offenses that cannot be paid online, thus requiring a Court appearance:

  • ANY FELONY OR INDICTABLE OFFENSE
  • OPERATING A MOTOR VEHICLE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS OF ABUSE, OR PERMITTING ANOTHER TO DO SO.
  • LEAVING THE SCENE OF AN ACCIDENT
  • DRIVING UNDER SUSPENSION OR WITHOUT A LICENSE EXCEPT FOR EXPIRED LICENSE OF LESS THAN (6) MONTHS
  • THIRD SPEED VIOLATION WITHIN 12 MONTHS
  • ELUDING/FLEEING A POLICE OFFICER
  • DRAG RACING
  • PHYSICAL CONTROL
  • ANY SPEED CLOCKED AT 31 MPH OR MORE OVER THE POSTED LIMIT OR 16 MPH OR MORE OVER THE POSTED LIMIT IN SCHOOL ZONE
  • PASSING A SCHOOL BUS

Lastly, it is important to understand that paying your citations online is a plea of guilty.  By submitting your information to request payment, you understand that you are pleading “Guilty” to all charges against you as listed on the citation, consequently waiving your right to an appearance in court or to a trial. You further understand that, when processed, this will close your case and the Court will forward this information to the Bureau of Motor Vehicles and the appropriate points will still be added to your license.

It is always a good practice to speak with an attorney prior to making any decision about a criminal case.  Often, unintended consequences can come back at a later time to create greater problems.

Vandalia 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 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 Vandalia Municipal Court contact me, or check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburg, Huber HeightsOakwoodBeavercreekCenterville

Traffic Ticket Blitz Underway in Ohio Through July 26

July 23rd, 2014

traffic ticketThere is a traffic ticket blitz underway in Ohio and five other states. The Ohio State Highway Patrol will join forces with other members of the 6-State Trooper Project to focus efforts on distracted driving enforcement statewide. The high-visibility enforcement effort begins Sunday, July 20 at 12:01 a.m. and continues through Saturday, July 26 at 11:59 p.m.  The 6-State Trooper Project includes the Ohio State Highway Patrol, Kentucky State Police, Indiana State Police, Pennsylvania State Police, West Virginia State Police and the Michigan State Police.

OSP Sgt. Vincent Shirey told FOX 8 News that troopers will not just be looking out for texting.  Shirey said they will also be looking for anything that takes your eyes, and your attention, off of the road. That could be changing the radio station or turning to pay attention to your kids, according to Shirey.  “The Patrol is serious about eliminating threats on roadways, and we’re proud of this collaborative, multi- state effort,” said Colonel Paul A. Pride, Patrol superintendent. “By cracking down on distracted driving, we are making Ohio and surrounding states safer.”

Experience has told us that you can expect major traffic ticket patrols along I-75 and I-71 during this period.  Arrests for OVI are targeted during this period as well. Given the Ohio State Highway Patrol’s proclivity to conduct drug searches, you should also expect to assert your right to refuse a search.

Traffic Ticket 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 DUI consultation about your traffic ticket or OVI contact me, or check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburg, Huber HeightsOakwoodBeavercreekCenterville

 

 

The Militarized Police Have Become The Founders’ Worst Nightmare

July 22nd, 2014

militarized police force

 

In a great article for the New American, attorney Joe Wolverton reviews the horrors of militarized police set forth in the Randy Balko book, “Rise of the Warrior Cop.”  I have expressed my admiration for the book as a call for a return to “the law” as it was traditionally understood throughout our history.  The publisher of Balko’s Rise of the Warrior Cop book, explains:

 

The American approach to law enforcement was forged by the experience of revolution. Emerging as they did from the shadow of British rule, the country’s founders would likely have viewed police, as they exist today, as a standing army, and therefore a threat to liberty. Even so, excessive force and disregard for the Bill of Rights have become epidemic in today’s world. According to civil liberties reporter Radley Balko, these are all symptoms of a generation-long shift to increasingly aggressive, militaristic, and arguably unconstitutional policing—one that would have shocked the conscience of America’s founders.

 

Listed below are other quotes attributed in the article.  They set forth a very different law enforcement than the militarized police forces currently patrolling our cities in tanks and armored personnel carriers.  During the Virginia ratifying convention, James Madison described a standing army as the “greatest mischief that can happen.”

 

Fellow delegate to the Constitutional Convention of 1787, George Mason put a finer point on it:

 

No man has a greater regard for the military gentlemen than I have. I admire their intrepidity, perseverance, and valor. But when once a standing army is established in any country, the people lose their liberty. When, against a regular and disciplined army, yeomanry are the only defence [sic], — yeomanry, unskilful and unarmed, — what chance is there for preserving freedom? Give me leave to recur to the page of history, to warn you of your present danger. Recollect the history of most nations of the world. What havoc, desolation, and destruction, have been perpetrated by standing armies!

 

In The Federalist, No. 29, Alexander Hamilton echoes not only Mason’s warning against a standing army, but his solution to the threat, as well.

 

If circumstances should at any time oblige the government to form an army of any magnitude that army can never be formidable to the liberties of the people while there is a large body of citizens, little, if at all, inferior to them in discipline and the use of arms, who stand ready to defend their own rights and those of their fellow-citizens. This appears to me the only substitute that can be devised for a standing army, and the best possible security against it, if it should exist.

 

In commenting on Blackstone’s Commentaries, founding era jurist St. George Tucker speaks as if he foresaw our day and the fatal combination of an increasingly militarized police force and the disarmament of civilians:

 

Wherever standing armies are kept up, and the right of the people to keep and bear arms is, under any colour or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction.

 

In an essay published in the Wall Street Journal last August, Radley Balko presented chilling and convincing evidence of the blurring of the line between cop and soldier:

 

Driven by martial rhetoric and the availability of military-style equipment — from bayonets and M-16 rifles to armored personnel carriers — American police forces have often adopted a mind-set previously reserved for the battlefield. The war on drugs and, more recently, post-9/11 antiterrorism efforts have created a new figure on the U.S. scene: the warrior cop — armed to the teeth, ready to deal harshly with targeted wrongdoers, and a growing threat to familiar American liberties.

 

Balko rightly connects the menace of the martial police with the decline in liberty and a disintegration of legal boundaries between sheriffs and generals.  The threat of the police becoming a standing army of the sort our forefathers believed to be “inconsistent with liberty” is a reality on our streets.  Understanding the issues of law and policy raised by a militarized police force will inform your understanding of any number of issues we will be struggling with as Americans for the next generation.

 

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 militarized police issues or to schedule a free DUI consultation contact me, or check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburg, Huber HeightsOakwoodBeavercreekCenterville