Tag: Ohio DUI Defense

DUI Defense In “My Cousin Vinny”

00DUI Court ProcessTags: , , , , , , , , , , , , , , ,

dui defense attorney

DUI defense is never far from my mind.  I was reminded of this last weekend watching one of my favorite movies, “My Cousin Vinny.” In the movie, a novice New York attorney (Joe Pesci) heads to the deep south to defend his cousin and his friend in a high-profile murder case.  He is met with a hostile judge and a pompous attorney who are hell bent on seeing the two kids put away for murder. Consequently, comedy ensues.

Because of his inexperience, Vinny has a hard time at trial. Especially relevant is his lack of understanding of criminal procedure. However, he makes a comeback. In the course of the trial the prosecutor call George Wilbur (James Rebhorn) as an expert for the State.  Vinny objects.

Vinny Gambini: I object to this witness being called at this time. We’ve been given no prior notice he’d testify. No discovery of any tests he’s conducted or reports he’s prepared. And as the court is aware, the defense is entitled to advance notice of any witness who will testify, particularly to those who will give scientific evidence, so that we can properly prepare for cross-examination, as well as to give the defense an opportunity to have the witness’s reports reviewed by a defense expert, who might then be in a position to contradict the veracity of his conclusions.

[there is a short pause as Judge Haller appears caught off-guard by Vinny’s sudden compentence with knowledge of the law]

Judge Chamberlain Haller: Mr. Gambini?

Vinny Gambini: Yes, sir?

Judge Chamberlain Haller: That is a lucid, intelligent, well thought-out objection.

Vinny Gambini: Thank you, Your Honor.

Judge Chamberlain Haller: [firm tone] Overruled.

The State’s witness is the special automotive instructor of forensic studies for the FBI. He testifies that the tire marks left at the scene of the crime match the tires of the vehicle driven by Vinny’s clients.  “Same tires,” says the prosecutor. In addition to the science, the witness has all of the traditional indicia of credibility due to an outstanding education and an authoritative command of the courtroom.  The only problem with his testimony is that he is DEAD WRONG!  In the movie the kids are saved by out-of-work hairdresser Mona Lisa Vito (Marisa Tomei) whose real world expertise proves that the car did not match the tire tracks left at the scene.

In DUI defense we are almost always faced with police officers and forensic experts who are clothed in the traditional indicia of credibility.  In addition, DUI defense attorneys also face a machine that the state of Ohio has exempted from scientific challenge. The only thing that our clients have going for them is us! As a result, you need to have an attorney you can depend on.

I also take pleasure in proving the machine and the State’s witnesses wrong.  It is said that DUI is the most frequently mis-charged crime in the United States.  When you can get a jury to see an error it is as dramatic as anything Hollywood can produce. Furthermore, it is a feeling that most attorneys, especially me, strive to have as much as humanly possible.  Maybe one day I will have the opportunity to deliver the opening statement that Vinny Gambini uses in the movie…

Vinny Gambini: [opening statements] Uh… everything that guy just said is bullshit… Thank you.

I dedicate my practice to defending the accused drunk driver in the Miami Valley and throughout Ohio. I have the credentials and the experience to win your case. You can be sure that I want to be Dayton’s choice for drunk driving defense. Contact me 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.  Finally, you should keep my motto in mind,  “All I do is DUI defense.”

To learn more about DUI defense check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgHuber HeightsOakwoodBeavercreekCenterville

 

What is Snow Law in Ohio?

00Holiday Messages, Ohio Traffic LawTags: , , , , , , , , , , , , ,

English: Trees covered by snow in Boreal, Cali...

Let it snow!

With the return of winter weather, we have received some questions about what constitutes an emergency and under what authority an emergency can be deemed to exist.  We have also counseled clients who wanted to know what law would circumscribe their behavior during a significant weather event.  Here is what we learned:

A county sheriff may, pursuant to Ohio Revised Code sections 311.07 and 311.08, declare an emergency and temporarily close the state roads and municipal streets within his/her jurisdiction when such action is reasonably necessary for the preservation of the public peace. Ohio Attorney General’s Opinion 97-015, issued April 1, 1997, concluded that this authority includes state roads, county and township roads and municipal streets.

Ohio law provides for three levels of emergency classifications.

Emergency Classifications

LEVEL 1: Roadways are hazardous with blowing and drifting snow (the definition may become a matter of dispute if you ever have to challenge this law). Roads may also be icy. Motorists are urged to drive very cautiously.

LEVEL 2: Roadways are hazardous with blowing and drifting snow. Roads may also be very icy. Only those who feel it is necessary to drive should be out on the roads. Contact your employer to see if you should report to work. Motorists should use extreme caution.

LEVEL 3: All roadways are closed to non-emergency personnel. No one should be driving during these conditions unless it is absolutely necessary to travel or a personal emergency exists. All employees should contact their employer to see if they should report to work. Those traveling on the roads may subject themselves to arrest.

Ohio Revised Code 2917.13 sets forth the crime of “Misconduct at an Emergency.”  Any person who knowingly hampers or fails to obey a lawful order of the sheriff declaring an emergency and temporarily closing highways, roads and/or streets within his/her jurisdiction may be subject to criminal prosecution under Ohio Revised Code Section 2917.13, “Misconduct at an emergency” or other applicable law or ordinance. A violation under that section is a misdemeanor of the fourth degree, punishable by a jail sentence not to exceed 30 days and/or a fine not to exceed $250. If the misconduct creates a risk of physical harm to persons or property, it is a misdemeanor of the first degree, punishable by a jail sentence not to exceed 180 days and/or a fine not to exceed $1,000.  Below is the full text of the statute.

ORC 2917.13. Misconduct at emergency.

(A) No person shall knowingly do any of the following:

  • 1. Hamper the lawful operations of any law enforcement officer, firefighter, rescuer, medical person, emergency medical services person, or other authorized person, engaged in the person’s duties at the scene of a fire, accident, disaster, riot or emergency of any kind;
  • 2. Hamper the lawful activities of any emergency facility person who is engaged in the person’s duties in an emergency facility;
  • 3. Fail to obey the lawful order of any law enforcement officer engaged in the law enforcement officer’s duties at the scene of or in connection with a fire, accident, disaster or emergency of any kind.

(B) Nothing in this section shall be construed to limit access or deny information to any news media representative in the lawful exercise of the news media representative’s duties.

(C) Whoever violates this section is guilty of misconduct at an emergency. Except as otherwise provided in this division, misconduct at an emergency is a misdemeanor of the fourth degree. If a violation of this section creates a risk of physical harm to persons or property, misconduct at an emergency is a misdemeanor of the first degree.

(D) As used in this section:

  • 1. “Emergency medical services person” is the singular of “emergency medical services personnel” as defined in section 2133.21 of the Revised Code.
  • 2. “Emergency facility person” is the singular of “emergency facility personnel” as defined in section 2909.04 of the Revised Code.
  • 3. “Emergency facility” has the same meaning as in section 2909.04 of the Revised Code.

Effective Date: 03-22-2004

To view the state’s weather-related road closures and restrictions, visit the Ohio Department of Transportation’s traffic Web site at www.buckeyetraffic.org.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro, Huber Heights, Oakwood, 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 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 (and clean up snow)”

Ohio DUI Defense – What Books Do You Need?

00Field Tests (SFSTs)Tags: , , , , , , ,

Ohio DUIOhio DUI defense includes having the right materials to prepare your case for trial.  There are 14 NHTSA police training manuals that are specific to an DUI/OVI case.  They are:

  1. NHTSA DWI Detection and Standardized Field Sobriety Testing – Instructor Manual
  2. NHTSA DWI Detection and Standardized Field Sobriety Testing – Participant Manual
  3. NHTSA Drug Recognition Expert 2-Day Pre-School – Instructor Manual
  4. NHTSA Drug Recognition Expert 2-Day Pre-School – Participant Manual
  5. NHTSA Drug Recognition Expert 7-Day School – Instructor Manual
  6. NHTSA Drug Recognition Expert 7-Day School – Student Manual
  7. NHTSA Drugs that Impair Driving – Instructor Manual
  8. NHTSA Drugs that Impair Driving – Student Manual
  9. NHTSA Standardized Field Sobriety Testing Refresher Training Court (8 hour) – Instructor Manual
  10. NHTSA Standardized Field Sobriety Testing Refresher Training Court (8 hour) – Student Manual
  11. NHTSA Standardized Field Sobriety Testing Refresher Training Court (4 hour) – Instructor Manual
  12. NHTSA Standardized Field Sobriety Testing Refresher Training Court (4 hour) – Student Manual
  13. NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) – Instructor Manual
  14. NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) – Student Manual

These materials provide an attorney with a complete understanding of what an officer should be doing at every stage of the investigation.  Knowing what should happen can be contrasted with what actually happens and provide a valuable cross-examination method. Ask you Ohio DUI lawyer how they will use these manuals in your defense.

Call Ohio DUI attorney Charles M. Rowland at (937) 318-1384

Why The Founders Opposed A Standing Army

00Ohio DUI DefenseTags: , , , , , , , ,

standing armyJust how opposed were the Founding Fathers to a standing army?  Their revolutionary experience forged a deep mistrust of standing armies.  They were viewed as a pernicious threat to liberty. Here are just a few quotes that explain how and why the idea (what we would call a police state today) was anathema to the first Americans.

During the Virginia ratifying convention, James Madison described a standing army as the “greatest mischief that can happen.”

Fellow delegate to the Constitutional Convention of 1787, George Mason put a finer point on it:

No man has a greater regard for the military gentlemen than I have. I admire their intrepidity, perseverance, and valor. But when once a standing army is established in any country, the people lose their liberty. When, against a regular and disciplined army, yeomanry are the only defence [sic], — yeomanry, unskilful and unarmed, — what chance is there for preserving freedom? Give me leave to recur to the page of history, to warn you of your present danger. Recollect the history of most nations of the world. What havoc, desolation, and destruction, have been perpetrated by standing armies!

In The Federalist, No. 29, Alexander Hamilton echoes not only Mason’s warning against a standing army, but his solution to the threat, as well.

If circumstances should at any time oblige the government to form an army of any magnitude that army can never be formidable to the liberties of the people while there is a large body of citizens, little, if at all, inferior to them in discipline and the use of arms, who stand ready to defend their own rights and those of their fellow-citizens. This appears to me the only substitute that can be devised for a standing army, and the best possible security against it, if it should exist.

In commenting on Blackstone’s Commentaries, founding era jurist St. George Tucker speaks as if he foresaw our day and the fatal combination of an increasingly militarized police force and the disarmament of civilians:

Wherever standing armies are kept up, and the right of the people to keep and bear arms is, under any colour or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction.

In an essay published in the Wall Street Journal last August, Radley Balko, author of “Rise of the Warrior Cop” presented chilling and convincing evidence of the blurring of the line between cop and soldier:

Driven by martial rhetoric and the availability of military-style equipment — from bayonets and M-16 rifles to armored personnel carriers — American police forces have often adopted a mind-set previously reserved for the battlefield. The war on drugs and, more recently, post-9/11 antiterrorism efforts have created a new figure on the U.S. scene: the warrior cop — armed to the teeth, ready to deal harshly with targeted wrongdoers, and a growing threat to familiar American liberties.

Balko rightly connects the menace of the martial police with the decline in liberty and a disintegration of legal boundaries between sheriffs and generals. The threat of the police becoming a standing army of the sort our forefathers believed to be “inconsistent with liberty” is a reality on our streets. Understanding the issues of law and policy raised by a militarized police force will inform your understanding of any number of issues we will be struggling with as Americans for the next generation.

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 civil liberties and the standing army, check these city-specific sites at the following links:

Fairborn, Dayton, Springfield,Kettering, Trotwood,Vandalia,XeniaMiamisburg,Huber HeightsSpringboroOakwood,Beavercreek, Centerville

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