Tag: Miamisburg Ohio

miamisburg ovi

First Offense Miamisburg OVI? Here’s What To Expect

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first offense Miamisburg 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 might still be able to prove you guilty of a first offense OVI if they prove (beyond a reasonable doubt) that you  operated a motor vehicle 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.

First Offense OVI Penalties:  The following penalties are reserved for first offense Miamisburg OVI 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 OVI.

  • 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 OVI 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 Miamisburg.  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 attorney who is familiar with the 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.

Immobilization

If you do not have a prior OVI offense, getting your car back is relatively easy as Ohio OVI 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 your Miamisburg OVI attorney and they will help get your car back.  Our office has 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 OVI 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:

  • Court costs.
  • Attorney fees.
  • 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 Beavercreek 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 OVI attorney can significantly curb the financial detriments incurred in a OVI 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 OVI defense will costs in your case, contact Charles M. Rowland for a free consultation.

For more information about a Miamisburg OVI, check out www.miamisburgovi.com.  

 

Miamisburg OVI Attorney Charles M. Rowland II

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Miamisburg OVI attorney Charles M. Rowland II regularly appears in the Miamisburg Municipal Court representing the accused drunk driver.  He has established both www.MiamisburgDUI.com and www.MiamisburgOVI.com to help you access court services and learn about services provided.  Access to the court concerns cases arising anywhere in Miamisburg or West Carrollton.

Miamisburg OVI attorneyMiamisburg 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  Miamisburg’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 us 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 us 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.”

Find Miamisburg OVI attorney Info and other city-specific info at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

The Miamisburg Municipal Court Provides Forms On-Line

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miamisburg municipal court

The Miamisburg Municipal Court provides a detailed list of Court forms on its site.  “This information is being provided by the Court in order to assist attorneys, and those choosing to file pro se, follow the Court’s Local Rules, and all other statutory requirements.”  I have listed them below, or you can visit the site directly at the Miamisburg Municipal Court link provided above.

You can get a detailed description of each form by visiting the appropriate section of the Court’s site.

Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miamisburg Municipal Court 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 info on the Miamisburg Municipal Court, or other local cours check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboroHuber HeightsOakwoodBeavercreekCenterville

Ruling Could Doom Ohio Stoned Driving Rules

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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

 

Do You Offer Free DUI Consultation?

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free dui consultationWe offer a free DUI consultation because the most important decision you will make in defending your case will be hiring the right DUI attorney.  Here is a common sense guide to making the most of your time.

You should walk out of your free DUI consultation confident in the knowledge that you have spoken to someone who has real experience defending DUI cases.  Ask the following and, if you don’t get straight answers, get up and leave: Have you ever tried a DUI case to a jury?  Have you ever tried a felony DUI case?  Have you ever tried a “test” case (a case where the person blew into a breath machine)?  Have you ever tried a “refusal” case (a case where the person refused to blow into a breath test machine)?  Have you ever tried a DUI case in federal court?   Have you ever argued cases involving dentures?  Have you ever argued a case involving AMBIEN sleep medication?  Have you ever represented doctors? Dentists? Pilots? Paramedics? Athletes? Military Personnel?  How many DUI Motions to Suppress have you done?  Have you ever done a motion or trial in the court where I will appear?

Have the attorney explain in detail what each step in the DUI court process will be like.  Have your attorney explain what he or she will be doing at each stage and what will be required of you at each stage.  This is also a good way of determining what level of communication you can expect from your attorney and how your attorney approaches the problems in your case.  Have the attorney explain what possible defenses he or she will raise.  Ask how the attorney what his or her philosophy is regarding pre-trial hearings.  Ask what his or her negotiation philosophy is based upon, what books they have read about negotiation and how they will approach the negotiation in your case.  Ask how the decision to go forward on a motion to suppress will be made.  If the attorney won’t (or can’t) explain things easily to you, why should you expect them to communicate well with a jury.

Here are some common-sense questions to determine what you will be charged for:

  • Will you be charged a flat fee or will you pay a retainer fee and have an open-ended bill?
  • Will your attorney be incentivized to keep the case going on longer?
  • Will your attorney be incentivized to take any plea just to end the case?
  • Will you be charged copy fees, filing fees, paralegal fees, or any other fees on top of your bill?
  • Will you be billed monthly, weekly or all at once?
  • Does the fee include the costs of a trial?
  • Does the fee include the costs of an appeal?
  • Does the fee include representation on case-related issues after the case is over (driver’s license issues)?

Do not hire an attorney that promises outcomes or implies that they are the only lawyer who could handle your case.  You know better!  All that ethical counsel can promise is their best effort at defending you.  Some lawyers, through hard work, may be in a better position to recognize issues in your DUI case.   No lawyer will win all their cases, but you can’t win issues you don’t know exist.  Hire the person who is best situated to be your guide. As the old cowboys used to say, “he’ll do to ride the river with.”  Like all relationships, you will know when it is right. Rely on your judgment and experience and trust your instincts.  You will know whether or not you have made a good decision.

We hope this article will help you make the most of your free DUI 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 DUI consultation contact me, or check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville