Posts Tagged ‘Miamisburg Ohio’

West Carrollton OVI Attorney

April 25th, 2013

column rossIf you are arrested on suspicion of OVI (drunk driving) in West Carrollton, your misdemeanor DUI case will be heard in the Miamisburg Municipal Court.  The Honorable Robert W. Rettich III  was elected the Miamisburg Municipal Court judge in the general election on November 8, 2011.  He was sworn into office on December 30, 2011. The Court is served by Magistrate Margaret Quinn and Chief Bailiff Kirk J. Bell.  The Miamisburg Municipal Court, located at 10 N. First Street, Miamisburg, Ohio 45342, serves a population of over 80,000 and handles in excess of 15,000 cases per year.  The court is open Monday through Friday, 8:00 am — 4:00 pm and can be reached at (937) 866-2203.  The Miamisburg Municipal Court has a very good web site that you can access at www.miamisburgcourts.com.  Follow the links below to utilize popular aspects of the Court’s site:

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in West CarrolltonFairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboroHuber HeightsOakwoodBeavercreekCenterville 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”

 

“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.

How To Fight Your Dayton Photo Speed & Red-Light Ticket

April 8th, 2013

Dayton City Hall.

We have often been asked about the procedure the City of Dayton employs to enforce its photo-enforcement scheme which encompasses both speed tickets and red-light tickets.  Here, taken from the Dayton Public Safety Photo Enforcement page is the procedure that the city has adopted.  If you need to speak to an attorney, we let you know how to contact us below.

View Video of Your Violation and Pay On-Line

If you receive a citation in the mail from the “SafeLight” Dayton Public Safety Photo Enforcement Program for running a red light at one of the City’s “SafeLight” camera-enforced intersections can view the video of the violation and pay the fine on-line.  To view the video, you must enter the “City Code” (DAY) and the “Citation Notice Number” that appears on your citation form. The video images will only be available to the viewer for 60 days . Clicking on the following link will take you to the website outside of the City of Dayton’s domain: www.photonotice.com

Citation Resolution

No points are imposed against the violator’s driving record under the SafeLight Photo Enforcement Program.

Tthere are three (3) options to resolve the citation:

  • Pay the fine within fifteen (15) days.  You can pay your citation fee online by credit or debit card, or by sending a check by mail as indicated on the citation notice (“Notice of Liability”).
  • Within fifteen (15) days, provide the information of the the person that was actually driving the vehicle, if it was not the registered owner, then mail the notorized ”Affidavit” to the adress shown on the citation.
  • Within fiteen (15) days, return the “Hearing Request” to have the dispute scheduled to be heard before a Hearing Officer.

Failure to act on the above options will result in default and a $25.00 late fee will be added to the fine amount.  The responsible party will then receive a “Default Notice.”

If the responsible party does not respond to the “Default Notice,”, the citation will be sent to a collection agency.

If the responsible party chooses to have an administrative hearing to appeal the citation, the $85.00 citation fee must be paid prior to the notice due date.  If the citation is paid, the following will occur:

  • An appeal hearing will be held before a Hearing Officer.
  • If the hearing Officer finds in favor of the City that a violation did occur, the $85.00 will be retained by the City to satisfy the citation amount.
  • If the Hearing Officer finds in favor of the responsible party, the $85.00 citation fee will be refunded.
  • If the responsible party fails to show for the hearing, the $85.00 citation fee will be retained to satisfy the fine amount.

For questions involving camera-enforcement citations or the administrative appeals process, please call Officer Carol Johnson at 937-333-1142 or Officer Dyan Thomas at 937-333-1104.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgHuber HeightsBeavercreekCentervilleSpringboroFranklinLebanonTroyPiquaOakwood 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.

MADD Gets Your Money!

March 26th, 2013

Prohibition button

Despite sequestration, budget cuts, deficit spending and general dysfunction in Washington D.C., one thing is clear: M.A.D.D. will always get its money.  This week MADD boasted that Congress has provided full funding for the main components of its agenda.  The spending bill allows over $50 million for aspects of the Campaign to Eliminate Drunk Driving, including:

  • $29 million for three annual high visibility “crackdowns.”  Two of these crackdowns are the twice yearly Drive Sober or Get Pulled Over campaigns, which target drunk drivers and the Click It or Ticket seat belt campaign.  By securing this funding, MADD wins the argument about invasive and unpopular checkpoints.
  • $20 million dollars for states that pass an all-offender ignition interlock law.  Right now, 17 states require interlocks for all offenders.  This budgetary coersion will encourage states like Ohio to implement universal interlocks.
  • $5 million dollars for advanced anti-drunk driving technology.  The advanced technology project, known as the Driver Alcohol Detection System for Safety, or DADSS, is part of a cooperative agreement between federal government and the world’s leading automotive companies.  This is the technology promises to eventually eliminate drunk driving by making cars that will fail to operate if the driver is impaired.  This funding is being developed without any input from the American consumer.

Grants will also be available to states to address other key areas of highway safety, including distracted driving, occupant protection, motorcycle safety, traffic records and improving graduated driver licensing laws.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgHuber HeightsBeavercreekCentervilleSpringboroFranklinLebanonTroyPiquaOakwood 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.

Prior Convictions Used To Enhance An OVI

March 20th, 2013

English: Main section of prisoners' call block...

It is not uncommon for a client to choose my representation on a second, third, or fourth OVI offense.  One of the first things we check is whether or not the client was represented by an attorney in the previous convictions.  We also check to see if the prior plea had a valid waiver of counsel.  Both of these issues were addressed by the Ohio Supreme Court in State v. Brooke, 113 Ohio St. 3d 199, 2007-Ohio-1533, 863 N.E. 2d 1024 (2007), wherein the Court stated:

Generally, a past conviction cannot be attacked in a subsequent case.  However, there is a limited right to collaterally attack a conviction when the state proposes to use the past conviction to enhance the penalty of a later criminal offense.  A conviction obtained against the defendant who is without counsel, or its corollary, an uncounseled conviction obtained without a valid waiver of the right to counsel, has been recognized as constitutionally infirm.

The case law following State v. Brooke has led to many cases which result in client’s not having a subsequent OVI enhanced.  This area of law is fact dependent and your attorney should make a thorough review of the law in your court and appellate district when pursuing this line of collateral attack.  The Ohio Supreme Court has set forth precedent that it is the defendant’s responsibility and burden to make a prima facie showing of a defect in the prior plea.  Upon this prima facie showing, the burden shifts to the state to rebut the evidence by showing that the plea did, in fact, contain a valid waiver of counsel.  See State v. Thompson, 2007-Ohio-6098 (Ohio Ct. App. 5th Dist. Fairfield County 2007). 

In 2007, the Ohio Legislature passed 2007 Am. Sub. S.B. 17 which added 2945.75(B)(3).  The purpose of this law was to overrule the law set forth in State v. Brooke which required the defendant to raise a prima facie showing and instead, place on the defendant the burden of proving by a preponderance of the evidence that the prior plea was infirm.  As Judge Weiler points out in Ohio Driving Under The Influence Law, 2011-2012 ed., pp. 402, “It will undoubtedly be challenged in the future as a violation of procedural due process. But, it will be some time before the matter reaches the appellate level and even longer before it is reviewed by the Ohio Supreme Court.”

Dayton DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in FairbornSpringfieldKetteringVandaliaXeniaMiamisburgHuber 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.