Posts Tagged ‘Ohio OVI defense’

« Older Entries

Clark County Municipal Court (Information and Links)

June 11th, 2013

If you have been arrested for OVI in Springfield, Ohio, your misdemeanor OVI case will be heard in the Clark County Municipal Court.   If you need to find information about a case in the Clark County  Municipal Court you can search HERE for case information/case look-up,  or visit the court’s web site HERE.

Charles M. Rowland II has represented the accused drunk driver in Springfield and the Clark County Municipal Court since 1995.  Charles Rowland dedicates his practice to OVI law and has some of the most impressive credentials for OVI attorneys in the state of Ohio.  If you find yourself in need of criminal representation in the Clark County Municipal Court, contact Springfield DUI Attorney Charles M. Rowland II today!

You can reach Charles Rowland at 937-318-1DUI (318-1384), 1-888-ROWLAND (888-769-5263), or 24/7 on the after-hours DUI Hotline at 937-776-2671, by texting DaytonDUI (one word) to 50500 or by visiting www.DaytonDUI.com, www.SpringfieldDUI.com or www.ClarkCountyDUI.com.

Related articles

6 comments »

Posted in Clark County, Springfield DUI Attorney

Tags:

Motorcycle DUI – NHTSA Targets Motorcyclists for DUI Enforcement

June 3rd, 2013

NHTSA Devotes Time And Dollars To Study Motorcycle DUI

I liked this one

It is summer time and the perfect time to get out on the road.  If you ride a motorcycle, you may notice that law enforcement is paying you a a lot of attention. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists involved in fatal crashes are 2.5 times more likely to have consumed alcohol than passenger vehicle drivers.  In 2007, the number of alcohol-impaired motorcyclists in fatal crashes increased by 10 percent while the number of alcohol-impaired drivers of passenger cars declined 6 percent.  (NHTSA defines “alcohol impaired” for vehicle operators over 21 with Blood Alcohol Content (BAC) measured over the 50-state legal limit of 0.08 grams/deciliter.)  Because of these statistics, NHTSA and law enforcement  have singled out the riding community for targeted DUI enforcement efforts.  Each year brings a more concentrated effort to detect impaired motorcyclists.

In the mid-90s, NHTSA conducted focus groups of 70 men and 15 women who admitted they drank and rode motorcycles.  Judge for yourself if NHTSA was fair in its representation of motorcyclists.  For example, one motorcyclist from Denver said a little alcohol improved his riding.  “I know that when I ride and I have a beer it feels better riding. It loosens you up – it relieves tension,” he said, “It feels more exciting riding. You enjoy your ride better if you have one beer.”  ”If you don’t fall down within the first few feet, you’re going to be okay,” said the rider from Denver, “I’ve seen guys do that. There’s something about being on a motorcycle – you focus yourself. When you get on your motorcycle and hit the road, the wind and the air just seem to go, “Boom, I’m okay now.”  Another rider from Boston concurred.  “If they’re totally wasted, then you worry about their safety,” he said, “If they’re just a little bit wasted then it’s, ‘Watch out for the cops.’”

The National Highway Transportation Safety Administration (NHTSA) has also developed a guide specific to motorcycle operators.  The basis of this motorcycle guide are based on a 1993 study, The Detection of DWI Motorcyclists, DOT HS 807 839, March 1993; Jack W. Stuster, Anacapa Sciences Inc., wherein police reports were used to identify “cues” of impaired drivers.  Over 100 “cues” were narrowed down to 14.  NHTSA lables 7 of these “cues” as “excellent” predictors of impairment and 7 are considered “good” predictors of impairment.  According to NHTSA “excellent” is defined as having a greater than 50% predictive capability.  ”Good” means that the tests are 30-50% predictive (much less than a coin toss).

The “cues” that police officers look for when investigating impaired motorcycle operators are:

Excellent Cues (50% or greater probability)

  • Drifting during a turn or curve
  • Trouble with a dismount
  • Trouble with balance at a stop
  • Turning problems (unsteady, sudden corrections, late breaking, improper lean angle)
  • Inattentive to surroundings
  • Inappropriate or unusual behavior (carrying or dropping and object, urinating at roadside, disorderly conduct)
  • Weaving
Good Cues (30-49% probability)
  • Erratic movement while going straight
  • Operating without lights at night
  • Recklessness
  • Following too closely
  • Running stop light or sign
  • Evasion
  • Wrong way
The guide does not tie the cues to any correlated BAC.  Instead it simply uses the cues to say that a driver is “DWI” without defining what that means in terms of BAC or impairment.  Another glaring problem with the study is the fact that experienced police officers do not think it is valid.  At page three the guide states, “…some officers, even those with many years of experience reported they believe there are no cues that can be used to distinguish DWI from unimpaired motorcycle operation.”

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.

 

Related articles

4 comments »

Posted in DUI & Motorcycles

Tags:

Download the DaytonDUI Android App

May 23rd, 2013

After much hard work (harder than I expected) we are proud to announce the launch of the DaytonDUI Android App.  The app is our latest attempt to bring you information on Ohio’s tough drunk driving laws and make it easier for our clients to avoid a drunk driving situation.  The app helps you know your rights and know yourself by providing a drink tally so that you do not overindulge.  You can send safe drinking tips to friends or use the app to find the nearest taxi for a safe trip home.  The app brings you the best of DaytonDUI’s video and audio content and gives you a chance to take pictures and record memories so that you can aid in your own defense.  Our sincere desire is to make our roads a safer place.  This app is the result of the hard work of Mary Johnson at WebSite Helper who has worked tirelessly to make my vague ambitions a reality.

The app is our latest attempt to stay on the cutting edge of DUI defense and provide our clients with exceptional service.  If you like the app, take time to sign up for our free text alert service which provides timely information on OVI checkpoints and law enforcement activities in and around the Miami Valley.  You can also join us on Facebook and Twitter.  Like video?  Try the DaytonDUI channel on YouTube.  You can reach us 24/7 on the DaytonDUI Hotline at (937) 776-2671.  Of course, I am partial to the Dayton DUI blog which has been my flagship service since 2005.  At DaytonDUI, we work very hard to bring you the best service that a DUI attorney can provide.  Please consider our service if you, or someone you love, is accused of drunk driving.

Related articles

5 comments »

Posted in Other Areas & Interests

Tags:

Dayton DUI Answers The Question, “Should I Blow?”

May 22nd, 2013

To blow or not to blow, that is the question.  Unfortunately, the answer is “maybe” and involves a very complicated investigation of the facts of your case and your personal history.  You should NEVER refuse the test without understanding how a refusal would affect YOU.  No attorney can know all of the circumstances of your arrest and your personal history, always ask to speak to an attorney when making this decision.

Can you answer “TRUE” to ALL of the following questions? If so, you can politely DECLINE any police test(s) of your blood, breath, or urine with minimum impact.  Be prepared and know your rights.

a. I am an Ohio license holder, 21 years or older; AND

b. I was not involved in an accident involving possible death or to serious injury to ANYBODY, even members of my family, pedestrians or passengers; AND

c. I do not have a commercial driver’s license (CDL); AND

d. No matter where I currently have a license to drive, I have had no prior drunk driving convictions or deferred pleas for DUI in ANY state within 6 years (from the date of conviction until now).

Refusing a chemical test can result in harsh penalties which includes a one-year license suspension, but your attorney can fight to get this reduced.  In some courts your refusal may be held strictly against you and in others you may be able to get a reduced suspension despite your refusal.  In State v. Hill, 2009-Ohio-2468, the Appellate Court upheld the right of a trial court to enhance a penalty based on a refusal to take the chemical test. In most circumstances, a refusal to take a chemical test will result in a longer hard-time suspension (30 days rather than 15 days without any driving privileges). [see the Automatic License Suspension section of this blog].  You should also engage in an honest assessment of your alcohol consumption. If you risk testing over Ohio’s “super-OVI” threshold (over a .17% BAC) you may do harm by taking the test.  Take these factors into account when making your decision to blow or not to blow.

Any criminal defense attorney would rather have less evidence against you rather than more, but giving blanket advice to refuse the chemical test is a mistake.  Be prepared to make the best decision for you.  You can also plan ahead by storing my contact information in your smart phone: (937)776-2671.

Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (1-888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.Immediate help is available by filling out the CONTACT form on any of these pages.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter at www.Twitter.com/DaytonDUI or Get Twitter updates via SMS by texting follow DaytonDUI to 40404. DaytonDUI is also available on Facebook and you can access updates by becoming a fan of Dayton DUI/OVI Defense.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

 

Related articles

14 comments »

Posted in Breath Testing

Tags:

The Wright State Three-Day Weekend Intervention Program (by DaytonDUI)

May 21st, 2013

Information about the Wright State University Weekend Intervention Program can be found at their web site [HERE], or by contacting the Director:

 Phyllis Cole, M.A., Director
Center for Interventions, Treatment and Addictions Research
110 Medical Sciences Building
Wright State University Boonshoft School of Medicine
3640 Colonel Glenn Highway
Dayton, OH 45435

(937) (937) 775-3050
Fax: (937) 775-2629
E-mail: wip@wright.edu

You can also access PROGRAM DATES, get on-line REGISTRATION FORMS, learn the RULES & REGULATIONS, get DIRECTIONS to the W.I.P. program, and learn WHAT TO EXPECT. Here are some frequently asked questions about the Wright State Weekend Intervention Program.

Is the WIP like jail?

No, WIP isn’t like jail. Ohio’s drunk driving law is a tough one though, and because we know this has been a difficult time for you, we make sure WIP is not like jail. At WIP, you are treated as a “client” of the program, not a criminal. This means you’ll be treated with dignity and respect by WIP staff members.

Why should I attend this program? I’m not an alcoholic!

WIP is not an alcoholic rehabilitation program. We don’t label our clients or assume that they have drinking problems. WIP is for people who are in trouble with the law because of alcohol. Part of your weekend will be spent in movies and lectures that will provide information with which you can make more informed decisions about drinking. You’ll also spend some time in small group discussions and individual consultation with our professional staff. These professionals will assist you in developing a plan that will help you stay out of trouble in the future. We provide some quiet time for rest and personal reflection as well.

How will attending your program help me?

We believe it can help you in several ways. First, it will allow you to fulfill your obligation to the court. Second, a state certified defensive driving course offered by WIP may allow you to earn a two-point credit on your driving record. Most importantly, though, is the fact that WIP can help you form a plan of action to stay out of this type of trouble. A recent study showed that OVI offenders who participated in WIP and followed the plan of action they worked out with their counselors were less likely to get another OVI. Of course, you’ll get out of the experience what you’re willing to put into it.

Who will know I attend WIP and what happened there?

In a word, no one. WIP will only release information about you after receiving your permission in writing. We take our clients’ confidentiality and privacy very seriously at WIP. In fact, we are even bound by federal and state laws to protect it.

Is the WIP certified?

Yes. The WIP is certified by Ohio’s Department of Alcohol & Drug Addiction Services. As a certified program, the WIP conforms to all appropriate state regulations.

How is the Wright State School of Medicine involved?

The Boonshoft School of Medicine at Wright State University is WIP’s home. An official program of the School of Medicine, WIP is part of Wright State’s commitment to our community’s health and well-being. The WIP also educates medical students about drinking and drug problems and provides opportunities for research.

Who pays for the WIP?

The fees our clients pay cover many program costs, including food, accommodations, materials, and professional services. Wright State’s Boonshoft School of Medicine underwrites all other costs.

When do I have to pay for this?

We expect full payments two weeks prior to your scheduled date to attend WIP. Payment can be made by certified check or money order, or for your convenience, VISA, MasterCard, and Discover are accepted. We would be pleased to respond to further questions you have regarding fees.

If you have additional questions about the Wright State Weekend Intervention Program, contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (1-888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  Immediate help is available by filling out this CONTACT form.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter at www.Twitter.com/DaytonDUI or Get Twitter updates via SMS by texting follow DaytonDUI to 40404. DaytonDUI is also available on Facebook and you can access updates by becoming a fan of Dayton DUI.  You can also email Charles Rowland at: CharlesRowland@CharlesRowland.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

Related articles

5 comments »

Posted in 72 Hr W.I.P. Program Info, Alcohol & Drug Treatment

Tags: