Posts Tagged ‘Ohio dui defense firm’

Top Ten Rules for Partying in Ohio

March 31st, 2014

In light of the arrest made following the University of Dayton’s victory, we offer college students these rules for partying (legally) in Ohio.

Rule #1: Don’t Drink and Drive

Ohio has some of the most stringent drunk driving laws in the county.  A first-time offender faces 180 days in jail and a one thousand seventy-five dollar fine, loss of their driver’s license for up to three years and enhanced penalties upon subsequent convictions.  A DUI (called an OVI in Ohio) is not subject to expungement, meaning it will be on your record forever, and subjects an offender to a six (6) year look-back period for enhancements and up to twenty (20) years for enhanced punishments for refusing an officer’s request to provide a breath, blood or urine sample.  In addition to the penalties you will face in court, you may face suspension from your school or other discipline. (Ohio Revised Code 4511.19)

Rule #2: Don’t Drink If You Are Under 21

It is illegal in Ohio for anyone under 21 to purchase, possess or consume an alcoholic beverage.  A conviction of Underage Consumption is a first degree misdemeanor and carries a maximum fine of $1,000.00 and/or up to six months in jail.  Despite efforts to lower the drinking age, the law remains rigidly enforced.  Athletes, students on scholarship and students who live in on-campus housing may face additional harsh penalties for underage drinking and be particularly vulnerable to the penalties that are sure to follow an arrest.  Ohio Revised Code Section 4301.69 contains most of the information concerning underage alcohol possession and use. Penalties are in Ohio Revised Code Section 4301.99.

Rule #3: Don’t Furnish Alcohol to Minors

Furnishing someone under 21 with alcohol is a first degree misdemeanor.  If you are providing the alcohol, make sure you know where it is going.  You may be responsible if an underage person consumes the alcohol and face harsh punishments.  Ohio regularly receives funding for programs aimed at curbing underage drinking and uses these funds to go after people providing the booze.  The bigger your party the more likely it is to draw attention from law enforcement.

Rule #4: Don’t Use a Fake ID

Just possessing  a fake ID is illegal in Ohio and is classified as a first degree misdemeanor.  Using the fake ID to purchase alcohol is punished by a mandatory $250.00 fine and may result in a 3 year driver’s license suspension.  A popular enforcement method is for police officers to serve as vendors in drive-through establishments:  “COPS IN SHOPS”

Rule #5: Don’t Drink Where You Shouldn’t

Ohio has an open container law.  It is a minor misdemeanor to possess in public an open container of an alcoholic beverage.  You are subject to a fine of up to $150.00 (a minor misdemeanor).  Possession of alcohol while in a car bumps the charge up to a fourth degree misdemeanor and subjects the offender to 30 days in jail. 4301.62 Opened container of beer or intoxicating liquor prohibited at certain premises.

Rule #6: Don’t Be Drunk In or Near a Car

Pursuant to Ohio Revised Code 4511.194 (effective Jan. 1, 2005), it is illegal to be in physical control of a vehicle while under the influence. “Physical Control” is defined as being in the driver’s seat of a car and having possession of the vehicle’s keys.  Physical Control does not require that the vehicle have ever been driven or even started.  Under the statute, having the keys within reach will satisfy the definition of having “physical control.”   The crime is one of potentiality, (i.e. you are so close to driving that we will punish you) and speaks to the growing neo-prohibitionist tendencies in Ohio law.

Rule #7:  Don’t Be Disorderly

Disorderly conduct can occur from simply being intoxicated in public.  Officers are given a great deal of discretion in determining what constitutes disorderly behavior.  Disorderly conduct occurs when one recklessly causes inconvenience, annoyance or alarm to another due to offensive conduct. Disorderly conduct also occurs when one makes unreasonable noise in such a manner as to violate the peace and quiet of the neighborhood or to be detrimental to the life and health of any individual.  While normally a minor misdemeanor ($150.00 fine) a disorderly conduct can be enhanced to a fourth degree misdemeanor (30 days jail/$250 fine) if an officer tells you to stop the behavior and you persist. See O.R.C. 2917.11 Disorderly Conduct.

Rule #8: Don’t burn stuff

Intentionally setting fire to property that might endanger other or their property, in fact damages the property of another and/or preventing police, fire or EMS personnel from doing their job is a violation of O.R.C. 2909.01 to 2909.0.  Students at public universities in Ohio who are found guilty of these crimes will lose all state-funded financial aid for two years.

Rule #9: Disperse When Instructed

Failure to disperse is also a crime in Ohio.  You should begin walking away and/or go indoors upon such an order. You must obey all lawful orders given by such persons at an emergency site.  A recent revision in the law makes a failure to disperse in situations such as campus area riots an offense for which you can be arrested and jailed. If you actively hamper police officers, firefighters, emergency medical personnel, and other public officials while they are doing their jobs you subject yourself to the charge of Misconduct During An Emergency.

Rule #10 Don’t Riot

The party is getting out of control.  If more than five people are engaging in disorderly behavior the party may be deemed a riot under Ohio law.  Your participation in a riot may subject you to criminal penalties. If there is violence involved the rioting gets bumped up to aggravated rioting.  Aggravated rioting is a felony level offense.  Those found guilty of rioting and aggravated rioting must be dismissed from their university and are not permitted to enroll in any state-supported institution of higher education for one year.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Huber Heights, Beavercreek, 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.comor write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

Ohio Felony DUI Law: Aggravated Vehicular Homicide

February 13th, 2014

aggravated vehicular homicideThe most tragic cases we handle are cases involving a charge of aggravated vehicular homicide.

Aggravated Vehicular Homicide, O.R.C. 2903.06,  is a crime that results from the death of another caused by the defendant’s operating a vehicle while impaired (a violation of R.C. 4511.19)  or while driving negligently or recklessly.  The aggravated vehicular homicide statute  encompasses driving an automobile recklessly or negligently (called Vehicular homicide) whether or not alcohol played a part in the death.  Often, defendants are indicted for multiple counts, with additional counts for each victim of the accident.

Under the reckless section of the statute you will be found guilty of a third degree felony which rises to a second degree felony if the driver is under suspension at the time of the offense.  Aggravated vehicular homicide, when impaired as defined in R.C. 4511.19, is a second degree felony which rises to a first degree felony if the driver was under suspension at the time of the offense. Penalties include mandatory prison terms with a penalty of up to 10 years in prison and a $20,000 fine for the 1st degree felony and prison up to 8 years and a fine up to $15,000 for the 2nd degree felony.  If drunk driving (now called OVI; operating a vehicle while impaired)  has been charged as the proximate cause of the death, the penalties become mandatory and are very difficult to get reduced or lowered.  Often, these cases are high-profile cases engendering much prejudice toward the defendant.

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.”

Aggravated Vehicular Homicide information and other city-specific info at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

Due Process and the Administrative License Suspension

December 23rd, 2013

Administrative License Suspension

How can it be constitutional for the State to take my license immediately via the Administrative License Suspension?

Ohio believes that driving is not a right, but a privilege. See 4511.191  If you are stopped for an OVI, DUI or drunk driving and you refuse to take a chemical test (breathblood or urine), or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC), the police officer can and will take your driver’s license on the spot causing your drivers license to be suspended immediately.  This pre-conviction suspension is called the ADMINISTRATIVE LICENSE SUSPENSION. The Administrative license suspension is a suspension imposed by the Ohio Bureau of Motor Vehicles and not a suspension imposed by the court.  A court may not grant driving privileges for a certain period of time following the imposition of an Administrative License Suspension O.R.C. 4510.13(A).  By making the license suspension an administrative action rather than a criminal punishment, the Courts have carved out a legal zone whereby you can remain “innocent until proven guilty in a court of law” but yet receive a punishment prior to a finding of guilt.  The statutes governing the Administrative License Suspension are set forth at O.R.C. 4511.191 (establishing the implied consent law); 4511.192 (setting forth the arresting officer’s duties); and, 4511.197 (setting forth the provisions for appeal of the suspension and limited driving privileges).

If you think that the above-described scheme is on shaky constitutional ground, you are not alone.  In 1995, the 6th District Court of Appeal held in State v. Knisley (1995), 74 Ohio St. 3d 1413, 655 N.E.2d 734 held that “on the spot” suspensions violated the due process provisions of the Ohio and United States Constitution.  However, in 1996, the Ohio Supreme Court overruled the 6th District decision in State v. Hochhausler, 76 Ohio St. 3d 455, 1996-Ohio-374, 668 N.E.2d 457 (1996).  In Hochhausler the Court applied a three part due process analysis addressing whether:

 

  1. the private interest affected
  2. the risk of erroneous deprivation of that interest, and
  3. the governmental interest involved which involves a weighing of the government’s interest in removing drunk drivers from the roads against the private interest in the driver’s license

 

The Ohio Supreme Court concluded that the governmental interests outweighed the interests of the individual. Specifically, the Court relied on the provision for a five-day appeal hearing and the trial court’s inherent ability to stay the license suspension were adequate safeguards, thereby concluding that the risk of erroneous deprivation was low.  The failure of a court to conduct an Administrative License Suspension hearing within five (5) days warrants a termination of the ALS because the failure to hold the hearing is a violation of due process. State v. Gibson, 144 Ohio Misc. 2d 18, 2007-Ohio-6069, 877 N.E.2d 1053 (Municipal court decision).

But what of other Constitutional challenges?  This author has always maintained that the right to travel freely is a right enumerated in the Constitution.  Today, the automobile and the use of public roads is the presumed method of exercising that right.  Thus, an argument exists that the Constitution contains a “right” to drive.  According to the Supreme Court, enumerated rights that are incorporated are so fundamental that any law restricting such a right must both serve a compelling state purpose and be narrowly tailored to that compelling purpose.  Is the time right to make that argument?

 

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.”

 Find information on the Administrative License Suspension on this blog, or check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

 

Ohio DUI Attorney Charles Rowland

November 19th, 2013

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

Arrested for OVI in Wilmington, Ohio?

November 8th, 2012

WilmingtonDUI.com was developed to provide practical information regarding Wilmington and Clinton County‘s tough drunk driving law. Here you will find information on DUI (now called OVI) law in the Clinton County Municipal Court and the Clinton County Common Pleas Court. If you find yourself accused of a crime contact Charles M. Rowland II at the number provided above or on the after hours DUI HOTLINE 937-776-2671. If you’ve been charged with DUI, it’s important that you consult an attorney immediately before you lose your rights! Charles M. Rowland II has successfully represented the accused drunk driver for over ten years. As a former city prosecutor and a certified operator of the breath test machine, he has the credentials and the experience to help you get your life back! If you find yourself accused of a drunk driving contact Charles M. Rowland II.

Clinton County Court Information

The Clinton County Municipal Court is located at 69 North South Street, Box 71, Wilmington, Ohio 45177, and can be reached at (937) 382-8985. The Wilmington Municipal Court services all of Clinton County and is presided over by the Honorable Chad L. Carey. The Clinton County Municipal Court is open Monday through Friday 8:00 a.m. to 4:00 p.m. The Law Director/Prosecutor for the Clinton County Municipal Court can be reached at (937) 383-2067. The General Division of the Clinton County Common Pleas Court, which is located at 46 S. South Street, Wilmington, Ohio 45177, can be contacted at (937) 382-3640. The Clinton County Prosecuting Attorney’s Office is at 103 E. Main St., Wilmington, Ohio 45177, (937) 382-4559. The Clinton County Public Defender’s Office is at 32 East Sugartree St., Wilmington, Ohio 45177, (937) 382-1316. For information on inmates at the Clinton County Jail, please call (937) 383-4813 or (937) 383-3292. For more specific information, please follow the links below:

Clinton County
Clinton County Municipal Court
Clinton County Municipal Court, Records Access
Clinton County Municipal Court Rules
Clinton County Common Pleas Court
Clinton County Clerk of Courts
Clinton County Law Library
Clinton County Prosecutor
Clinton County Public Defender
Clinton County Sheriff
Clinton County Jail
City of Wilmington
Village of New Vienna
Caesar Creek State Park
Wilmington College
Wilmington News Journal

Charles M. Rowland II represents the accused drunk driver in all of the following areas of Clinton County: Blanchester, Clarksville, Lynchburg, Martinsville, Midland, New Vienna, Port William, Sabina, Wilmington, and in all of the following Townships within Clinton County: Adams, Chester, Clark, Green, Jefferson, Liberty, Marion, Richland, Union, Vernon, Washington, Wayne and Wilson.