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Montgomery County Municipal Court (by Dayton DUI)

On September 8, 2010, Montgomery County Area One and Area Two Courts officially became the Montgomery County Municipal Court.  There will be two divisions of the Montgomery County Municipal Court, a Western Division located in New Lebanon at 195 S. Clayton Rd., New Lebanon, Ohio 45345, and an Eastern Division located in Huber Heights at 6111 Taylorsville Rd., Huber Heights, Ohio 45424.   Many people refer to the Montgomery County Municipal Court (Eastern Division) as the Huber Heights Municipal Court, but the court’s jurisdiction is larger, covering regions in north-east Montgomery County including the city of Riverside, Ohio.  The Judges serving the Montgomery County Municipal Court (Eastern Division) are the Honorable James D. Piergies and the Honorable James A Hensley.  You can reach the Eastern Division by telephone at (937) 496-7231.  The Montgomery County Municipal Court (Western Division) serves the cities of Trotwood and Brookville, the villages of New Lebanon, Phillipsburg, Farmersville and Verona, and townships including Clay Township, Jackson Township, Jefferson Township and Perry Township.  This court is served by Judges James L Manning and Adele Riley.  You can reach the Montgomery County Municipal Court (Western Division) at (937) 687-9099.

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

H.B. 86 Brings Changes To Ohio’s OVI Law

House Bill 86 which will come into effect at the end of September is a significant change to the way Ohio sentences offenders.  It also holds some interesting provisions for OVI offenders, some of which we will look at here.

LOCAL INCARCERATION OPTIONS

H.B. 86 authorizes the creation of community alternative sentencing centers (CASC at R.C. 307.932 and R.C. 2929.26(B)) for midemeanants including OVI offenders.  Eligible offenders include those OVI offenders who are eligible to be sentenced directly to the CASC and who are not serving or sentenced under any other jail or prison term.  OVI offenders will also be required to meet the requirements and rules of the CASC. R.C. 307.932(C).  Those serving an OVI-related term of incarceration (including house arrest) can serve up to 60 days in the CASC and those that receive a sentence longer than 60 days are eligible to serve up to 60 days in the CASC (R.C. 307.932(C)(2).

WORK RELEASE

The bill allows for approved work, vocational education and other releases including for offenders serving mandatory OVI-related time. R.C. 307.932(H)(4)(D).

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Huber Heights, Beavercreek, Centerville 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, 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.

DaytonDUI: Celebrate St. Patrick’s and March Madness

The Shamrock, a typical Irish clover.
Image via Wikipedia

Throughout the Miami Valley, police are sounding dire warnings of extra patrols, sobriety checkpoints, and saturation patrols because of the conjunction of St. Patrick’s Day and the beginning of the NCAA Men’s Basketball Tournament.  Making this weekend even more attractive to party goers will be mild temperatures and plenty of activities.  We encourage you to enjoy, make good decisions and watch out for one another.

ARRESTED FOR DUI ON ST. PATRICK’S DAY?

At DaytonDUI we are gearing up to provide 24/7 support to anyone needing assistance this weekend. Extra personnel will be manning our St.Patrick’s HOTLINE (937)776-2671 to answer questions and schedule appointments.  We have augmented our immediate texting service which can be accessed by texting DaytonDUI (one word) to 50500 and we will keep you informed of the many planned OVI/sobriety checkpoints in the area on our BLAWG.  Get 24/7 Twitter updates via SMS by texting DaytonDUI to 40404, or follow us on Twitter @DaytonDUI.  Email us at CharlesRowland@CharlesRowland.com and follow us on facebook at www.facebook.com/DaytonDUI.  Immediate help is available by filling out the CONTACT form on any of these pages.  PUT THIS NUMBER IN YOUR PHONE: (937)776-2671.

DaytonDUI

 

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DUI Law: Challenging a Forfeiture

stealing on flickr continues...
Image by lovelypetal via Flickr

FORFEITURE, WHAT IS THE LAW?

If you are convicted of any of the following the State of Ohio can, pursuant to O.R.C. 4503.234,  order a forfeiture of your vehicle:

  1. a third OVI w/in 6 years (O.R.C. 4511.19(G)(1)(c)(v));
  2. any felony OVI (O.R.C. 4511.19(G)(1)(d)(v) and 4522.29(G)(1)(e)(v));
  3. a third offense of driving under suspension (O.R.C. 4510.11(C)(4));
  4. a third offense of driving under an OVI suspension (O.R.C. 4510.14(B)(3)(d));
  5. a third of subsequent offense w/in 5 years of driving under an FRA suspension (O.R.C. 4510.16(B)(2));
  6. a third or subsequent wrongful entrustment (O.R.C. 4511.203(C)(3));
  7. operating or permitting the operation of a vehicle in violation of an immobilization order  (O.R.C. 4502.236(B)).

By law, the law enforcement agency that arrested the defendant has the right of first refusal of the forfeited vehicle, O.R.C. 4503.234(C)(1).  The owner is further punished by O.R.C. 4503.234(D) which prohibits him or her from registering a vehicle for a period of five (5) years from the date of the forfeiture.

CHALLENGING A FORFEITURE

The court in State v. Ziepfel, 107 Ohio App.3d 646, 669 N.E.2d 299 (1st Dist. Hamilton County 1995) requires the court to hold a hearing to determine whether or not the forfeiture would be so disproportionate as to constitute an excessive fine under the Ohio and United States Constitution. The factors that the court must consider include:

  1. value of the vehicle;
  2. circumstances of the case;
  3. harm or potential harm caused;
  4. how closely related the vehicle was to the offense; and
  5. any other relevant factors to the case.
  6. If you face the loss of your vehicle, please contact Dayton DUI lawyer Charles M. Rowland II to see if you can challenge the taking.  “I’m philosophically opposed to using forfeiture as a remedy in misdemeanor driving cases,” says Rowland who has been practicing DUI law in Dayton, Ohio for over 15 years.  Contact Charles Rowland at (937) 318-1384  [318-1DUI] or visit www.DaytonDUI.com.  Rowland practices DUI law in Kettering, Miamisburg, Vandalia, Huber Heights, Clayton, New Lebanon, Springfield, Fairborn, Beavercreek, Xenia and throughout the Miami Valley.

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Montgomery County Municipal Court (Eastern and Western Divisions)

HuberHeightsDUI.com

On September 8, 2010, Montgomery County Area One and Area Two Courts officially became the Montgomery County Municipal Court.  There will be two divisions of the Montgomery County Municipal Court, a Western Division located in New Lebanon at 195 S. Clayton Rd., New Lebanon, Ohio 45345, and an Eastern Division located in Huber Heights at 6111 Taylorsville Rd., Huber Heights, Ohio 45424.  The new law also changed the permanent judgeships from part-time to full-time positions.

Judges James Manning and James Piergies took  the oath of office to become full-time municipal judges.  Judges James Hensley Jr. and Adele Riley will remain part-time, and there will be one full-time and one part-time judge at the two court locations.  One position will be abolished on Jan. 1, 2016, and another position will be abolished in 2021, leaving two full-time judge positions.

Charles M. Rowland II regularly appears in the Montgomery County Municipal Court (Western Division) and the Montgomery County Municipal Court (Eastern Division) representing the accused drunk driver.  For more information visit www.HuberHeightsDUI.com and/or www.DaytonDUI.com or call 1-888-ROWLAND (888-769-5263) or 318-1DUI (318-1384).

See the DDN Article HERE.
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