Tag: ohio criminal defense

Ohio OVI Blitz Along Interstate 75 This Weekend

00Ohio Traffic LawTags: , , , , , , , , , ,

ohio oviThere will be an Ohio OVI blitz along Interstate 75 this weekend. The Ohio State Highway Patrol will be joining forces with other members of the 6-State Trooper Project to focus on speed, safety belt and OVI enforcement along Interstate 75. The initiative will take place from Friday, February 20 at 12:01 a.m. through Sunday, February 22 at 11:59 p.m. This high-visibility enforcement effort will include the Kentucky State Police, Michigan State Police and Ohio State Highway Patrol. The 6-State Trooper Project is a multi-state law enforcement partnership aimed at providing combined and coordinated law enforcement and security services in the areas of highway safety, criminal patrol and intelligence sharing.

Ohio 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 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 Ohio OVI blitz, check these city-specific sites at the following links:
Fairborn, Dayton, Springfield,Kettering,Vandalia,XeniaMiamisburg,Huber HeightsSpringboroOakwood,Beavercreek, Centerville

 Ohio OVI Attorney Charles M. Rowland II

Ohio DUI Attorney Charles Rowland

00Other Areas & InterestsTags: , , , , , , , , , , , , , , , ,

Ohio DUI AttorneyIf you are in need of an Ohio DUI attorney, consider Charles M. Rowland II.  Charles served as the Xenia City Prosecutor.  In that capacity he has prosecuted DUI offenses.  This experience gives him unique insight into how prosecutors will approach your case.  Ohio DUI Attorney Charles Rowland has served as a “Special Prosecutor” on high-profile felony cases.  Charles is a proud member of the National College for DUI defense and in 2006 attended the intensive seminar on DUI law at Harvard University.  National Patent Analytical Systems has certified Charles Rowland in the operation, diagnostic verification and calibration of the BAC DataMaster Breath Alcohol Testing Instrument. Charles has been qualified by the United States government as an expert witness on evidential breath testing and has testified in court martial proceedings.  In 2007, Charles Rowland was the first private attorney in the State of Ohio certificated on the Intoxilyzer 8000 breath testing machine.  In 2009 and 2012, Charles Rowland attended the National College for DUI Defense Annual Scientific Evidence Seminar where he received training on the Intoxilyzer 5000 and further training on the Intoxilyzer 8000.

Ohio DUI attorney Charles M. Rowland II was the first attorney in the United States to earn a certificate in Forensic Sobriety Assessment. FSA certification requires proficiency in the scientific principles and research relating to sobriety testing in a DUI/OVI stop.  It subsumes the NHTSA training (knowledge of the NHTSA manual is required) and greatly extends it.  Charles Rowland is currently the only lawyer in Ohio to hold FSA certification.  In 2010, Charles M. Rowland II attended the most current NHTSA training wherein he was trained to administer and evaluate the standardized field sobriety tests . This is the same NHTSA/SFST training course that law enforcement officers are trained in nationwide and testify to in court.  Charles is a frequent speaker and a prolific writer on all matters related to DUI defense.  In 2011, Charles spoke to the Dayton Bar Association on evidential breath testing and in 2012 Charles was honored to be one of only two DUI defense attorneys chosen to speak to Ohio’s prosecuting attorneys at the Ohio Municipal Law Institute.  He continues to provide help to the Greene County Career Center Police Academy by conducting cross-examination/courtroom training for new officers as part of their ADAP/NHTSA training.  He has been chosen as AVVO’s “Client’s Choice” for DUI defense (2012) and as as a Dayton SuperLawyer (2013).  Charles has been featured in Time Magazine as a “Leader in DUI Defense” (August 12, 2013) and in the May 2013 edition of Car & Driver Magazine as a leading DUI defense attorney.  Charles M. Rowland II dedicates his practice to defending the accused drunk driver.

Ohio DUI Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Xenia and throughout Ohio.  He has the credentials and the experience to win your case and has made himself Ohio’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 emailCharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

Ohio DUI Attorney information and other city-specific info at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

Ohio’s Revised Booster Seat Law

00Ohio Criminal LawTags: , , , , , , , , , , , , ,

Booster Seat LawIf you have a child, you need to comply with Ohio’s Booster Seat Law.

As of Oct. 7, 2009, Ohio’s Booster Seat Law requires all children to use belt-positioning booster seats once they outgrow their child safety seats (usually at 4 years old and 40 pounds) until they are 8 years old, unless they are at least 4 feet, 9 inches (57 inches) tall.

Ohio’s revised child restraint law requires the following:

  • Children less than 4 years old or 40 pounds must use a child safety seat.
  • Children less than 8 years old, unless they are at least 4 feet, 9 inches tall must use a booster seat.
  • Children ages 8-15 must use a child safety seat or safety belt.

Fines will range from a minimum of $25 to a maximum of $75 per occurrence. A booster seat can be purchased for as little as $15.  Don’t wait for a ticket!

  • Booster seats raise a child up so the shoulder belt fits correctly, by lying over the middle of the shoulder and the center of the chest – the strongest parts of a child’s body. The booster seat also positions the lap belt across the child’s upper hips or thighs, not over the stomach. Without a booster, the lap belt can ride up onto the stomach and cause hip, stomach and spinal cord injuries in a crash.
  • Using a booster seat with a seat belt instead of using a seat belt alone for a child this age reduces the risk of injury in a crash by 59 percent. Researchers with the National Highway Traffic Safety Administration (NHTSA) estimate that more than half the children killed in motor vehicles in motor vehicle crashes each year would be alive today if seat belt use and child safety seat use were at 100 percent.

If you need any additional information about Ohio’s Booster Seat Law, please visit the Ohio Department of Health’s Healthy Ohio page.  If you find yourself unfairly charged with a violation of Ohio’s Booster Seat Law, give us a call.

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 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 emailCharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

Ohio’s Booster Seat Law information and other city-specific info at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

 

Child Endangerment and DUI Laws In Ohio

00Ohio Criminal LawTags: , , , , , , , , , , , , , , , , , , , , ,

child endangerment and duiThere is an intersection between the child endangerment and DUI laws in Ohio.  Child endangerment is an act or omission that exposes a child to psychological, emotional or physical abuse. Child abuse based on the offense of child endangerment is normally a misdemeanor, but endangerment that results in mental illness or serious physical illness or injury is a felony. See abused child, neglected child.  Child endangerment and DUI laws are implicated when a person drives drunk with a child in the car.

Ohio Revised Code 2919.22(C)(1) addresses the child endangerment and DUI laws as follows,

(C) (1) No person shall operate a vehicle, streetcar, or trackless trolley within this state in violation of division (A) of section 4511.19 of the Revised Code when one or more children under eighteen years of age are in the vehicle, streetcar, or trackless trolley. Notwithstanding any other provision of law, a person may be convicted at the same trial or proceeding of a violation of this division and a violation of division (A) of section 4511.19 of the Revised Code that constitutes the basis of the charge of the violation of this division. For purposes of sections 4511.191 to 4511.197 of the Revised Code and all related provisions of law, a person arrested for a violation of this division shall be considered to be under arrest for operating a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them or for operating a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine.

(2) As used in division (C)(1) of this section:

(a) “Controlled substance” has the same meaning as in section 3719.01 of the Revised Code.

(b) “Vehicle,” “streetcar,” and “trackless trolley” have the same meanings as in section 4511.01 of the Revised Code.

Based on the law you can be charged with both child endangerment and DUI in the same case so long as the government can prove that you drove in violation of the DUI law (O.R.C. 4511.19) while someone under 18 years of age was in your car.  Child endangerment charges can range from a first degree misdemeanor, punishable by up to 180 days in jail to a second degree felony, punishable up to 8 years prison.  Should you be arrested for DUI with children in the vehicle then you will be charged with a first-degree misdemeanor. If the child was seriously injured and this is your second child endangerment charge then you will face a fifth-degree felony. If the child was seriously injured and this is your second DUI with children in the car then you will be charged with a fourth degree felony. Keep in mind that these charges listed are ONLY for the child endangerment offenses and do not include the mandatory penalties available to judges under Ohio’s DUI/OVI statutes.  Child endangerment and DUI are triggers for rigorous enforcement.

Given the harsh penalties and societal hatred of the crimes of child endangerment and DUI, you need an attorney who will aggressively take on the underlying DUI charge.  If the government is unable to prove a violation of the DUI law, then the child endangering case is also unsustainable.  Learn more about how we can defend your child endangerment and DUI charges below.

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 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 emailCharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

Ohio Child Endangerment and DUI information and other city-specific info at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

Disorderly Conduct While Intoxicated, ORC 2917.11

00Ohio Criminal LawTags: , , , , , , , , , , , , , , , ,

disorderly conduct

The crime of disorderly conduct while intoxicated is a violation of O.R.C. 2917.11.  The crime of disorderly conduct is also know, and often charged, as public intoxication.  This broadly defined crime can be charged as a minor misdemeanor carrying a maximum fine of $150.00 and no jail time or as a 4th degree misdemeanor carrying a maximum punishment of 30 days in jail and a $250.00 fine.  Disorderly conduct while intoxicated can be defined as anyone who is voluntarily intoxicated and engages in one of the circumstances described below:

  • In public or in front of two other people, behaves in a manner that would be offensive or causes an inconvenience, irritation, or state of alarm that the person would have otherwise been aware of had they not been under the influence of alcohol;
  • Behaves in a way or creates a condition that poses a potential risk of harm or is dangerous to another person or property.

As with other criminal offenses, a conviction could lead to additional consequences.  You may have to explain the conviction to potential employers or licensing boards.  Worse yet, you may have a conviction for disorderly conduct brought up in contested custody proceedings involving a vindictive spouse.  Whatever the circumstances, criminal charges can be an overwhelming and frightening experience. You are justifiably concerned about your freedoms and privileges being at stake and have a lot of questions. We can help.  Former prosecutor Charles M. Rowland II has been representing the accused since 1995.  He has the experience and the credentials to win your case.  Call Charles Rowland today at (937) 318-1384 or 1-888-769-5263 (888-ROWLAND).

Disorderly Conduct lawyer Charles M. Rowland II dedicates his practice to defending the accused drugged 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 criminal 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 emailCharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

 Find city-specific Ohio disorderly conduct information at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville