Posts Tagged ‘Ohio’

Kettering OVI Checkpoint Tonight! (Aug. 29, 2014)

August 29th, 2014

Kettering OVI checkpointKettering OVI checkpoint tonight! The Kettering Police Department will conduct an OVI sobriety checkpoint Friday night from 11:00 p.m. until 3:00 a.m. at the 1000 block of East Dorothy Lane.  The OVI checkpoint will be accompanied by aggressive saturation patrols.  This checkpoint is paid for by federal grant funds and is part of the Drive Sober or Get Pulled Over campaign.

If you want to receive updated information on Springfield OVI checkpoint locations, enhanced traffic enforcement, saturation patrols and other important developments that affect you, sign up for text alerts on the main page of this blog. OVI checkpoint alerts will be sent directly to your mobile device/smartphone in the location you choose in the Miami Valley. In the past month we have alerted our followers to the State Route 35 traffic initiative and three local sobriety checkpoints. You should also know that we respect your trust and we will never send you irrelevant information and/or advertisements. This service is free and available to the general public.

You can also put DaytonDUI on your Android Smart phone via the DaytonDUI app. 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. We provide OVI checkpoint information because our sincere desire is to make our roads a safer place.

Kettering OVI checkpoint 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 on Kettering OVI checkpoint call me, or check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburg, Huber HeightsOakwoodBeavercreekCenterville

Keywords, Kettering OVI checkpoint, Kettering DUI checkpoint, Kettering sobriety checkpoint

Ohio DUI Law R.C 4511.19(A)(2) “a codified dilema”

August 27th, 2014

ohio dui law

Ohio DUI law R.C. 4511.19(A)(2) enhances the penalty for a motorist who, having been convicted once in the last six (6) years, after having been arrested, refuses to take a blood, breath or urine test.  In State v. Hoover,173 Ohio App.3d 487, 2007-Ohio-5773, the issue of whether or not a person can have a DUI sentence enhanced pursuant to R.C. 4511.19(A)(2) for refusing to take a chemical test was before the Ohio Supreme Court.  The government sought to have the sentence of Corey Hoover enhanced from the ten (10) day mandatory penalty for a second time DUI offender in Ohio to twenty (20) days because he refused to take a breath test.  “The issue here is whether the state can criminalize a person’s failure to consent to a warrantless search, or in other words, to force a consent to search through the coercive power of threatened jail time. Although consent is implied by R.C. 4511.191, consent can be withdrawn. …  Imposing criminal sanctions for failure to consent goes far beyond the state’s power … to regulate the licensure of drivers. Id.

The defendant argued that “ he has a constitutional right to revoke his implied consent and that being forced by threat of punishment to submit to a chemical test violates his rights under the Fourth Amendment to the United States Constitution and Article I, Section 14 of the Ohio Constitution, which provide that persons, houses, and effects are protected against unreasonable search and seizure.”  Justice Lanzinger emphasized that R.C. 4511.19(A)(2) does not make refusal to take a chemical test a criminal offense. “The activity prohibited under R.C. 4511.19(A)(2) is operating a motor vehicle while under the influence of drugs or alcohol. A person’s refusal to take a chemical test is simply an additional element that must be proven beyond a reasonable doubt along with the person’s previous DUI conviction to distinguish the offense from a violation of R.C. 4511.19(A)(1)(a). Id.  The majority opinion was joined by Justices Evelyn Lundberg Stratton, Maureen O’Connor and Robert R. Cupp.

Justice Paul E. Pfeifer entered a dissenting opinion that was joined by Chief Justice Thomas J. Moyer and Justice Terrence O’Donnell. Justice Pfeifer wrote that today’s majority holding diverges from previous court decisions which have upheld only the imposition of administrative penalties against DUI defendants for refusing to submit to chemical testing.

“R.C. 4511.19(A)(2) veers from the traditional administrative punishment for refusal to consent to a chemical test upon an arrest for DUI and goes down a separate path, beyond the regulation of licensing; for certain DUI arrestees, R.C. 4511.19(A)(2) criminalizes the refusal to take a chemical test. This court’s previous jurisprudence regarding sanctions for a DUI defendant’s failure to consent to chemical tests have all involved license suspensions. … This court has previously answered the question whether a person can face criminal sanctions for failure to consent to a search.  In Wilson v. Cincinnati (1976) … this court held that that the Fourth Amendment prohibits the imposition of criminal penalties upon a person who refuses to submit to a warrantless search.”

“The issue here is whether the state can criminalize a person’s failure to consent to a warrantless search, or in other words, to force a consent to search through the coercive power of threatened jail time. Although consent is implied by R.C. 4511.191, consent can be withdrawn. …  Imposing criminal sanctions for failure to consent goes far beyond the state’s power … to regulate the licensure of drivers. As in Wilson, the statute at issue herein imposes a codified dilemma – consent to a warrantless search or face the possibility of a criminal penalty – and thus amounts to coercion. R.C. 4511.19(A)(2) therefore violates defendants’ rights under the Fourth Amendment to the United States Constitution and Section 14, Article I of the Ohio Constitution.”

This important DUI decision has withstood challenge, so far.  This author posits what impact the recent United States Supreme Court decision in Missouri v. McNeely133 S.Ct. 1552 (2013) regarding the State to obtain a warrant prior to a forced blood draw will have on this decision and other Ohio DUI law issues.  The “codified dilema” as Justice Pfeifer called this matter will have to be relitigated in cases where the State decides not to seek a warrant and also attempts to “enhance” the sentence.

Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio.  He knows Ohio DUI law and 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.  Email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

For more information on Ohio DUI law  check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburg,Huber HeightsOakwoodBeavercreekCenterville

Determining Probable Cause For An OVI Offense

August 25th, 2014

probable causeA warrantless arrest must be supported by probable cause in order to be constitutionally valid. State v. Timson, 38 Ohio St.2d 122, 67 Ohio Op.2d 140, 311 N.E.2d 16 (1974).  In order to make a finding that probable (more likely than not) cause existed the court must look at the totality of the circumstances surrounding the arrest. State v. Miller,  117 Ohio App.3d 750, 691 N.E.2d 703 (11th Dist. Court of Appeals 1997), State v. Brandenburg, 41 Ohio App.3d 109, 534 N.E.2d 906 (2nd Dist. Court of Appeals, Montgomery County 1987). “[B]ecause of the mosaic which is analyzed for a …probable cause inquiry is multi-faceted, ‘one determination is seldom useful precedent for another.’” State v. Anez, 108 Ohio Misc.2d 18, 27, 738 N.E.2d 491 (2000) citing Ornelas v. United States, 517 U.S. 690, 698, 116 S.Ct. 1657, 1663, (1996) quoting Illinois v. Gates, 462 U.S. 213, 280, 103 S.Ct. 2317, 2332 (1983).

In an OVI case filed pursuant to O.R.C. 4511.19, the court must consider the following in making a determination:

  1. whether at the moment of arrest;
  2. the police had sufficient information
  3. derived from a reasonably trustworthy source of the facts and circumstances
  4. sufficient to cause a prudent person to believe
  5. that the suspect was driving under the influence

These factors are set forth at State v. Homan, 89 Ohio St. 3d 421, 427, 2000-Ohio-212, 732 N.E.2d 952 (2000), superseded by statute, State v. Bozcar, 2007-Ohio-1251, 113 Ohio St.3d 148, 863 N.E.2d 155 (2008) citing Beck v. Ohio, 379 U.S. 89, 91, 85 S.Ct. 223, 225 (1964); State v. Timson, 38 Ohio St.2d 122, 127, 311 N.E.2d 16 (1974).  It is clear from these cases that probable cause is a high standard that the government must meet in order to prosecute an OVI offense.

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.”

To learn more about probable cause contact me, or check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburg, Huber HeightsOakwoodBeavercreekCenterville

Rolling Springfield OVI Checkpoints Tonight (Aug. 22, 2014)

August 22nd, 2014

Springfield OVI CheckpointRolling Springfield OVI checkpoints tonight in Springfield and Enon.  The Clark County OVI Task Force will be operating a rolling OVI checkpoint in Clark County tonight Friday August 22 starting at 7:00 pm. Locations will be held at Main St. in Enon and 40/68 in Springfield. A rolling checkpoint means that multiple locations will be set up in Clark County in one evening.   This is part of the Drive Sober Get Pulled Over national campaign.  The campaign began August 15th and will conclude September 1st.

If you want to receive updated information on Springfield OVI checkpoint locations, enhanced traffic enforcement, saturation patrols and other important developments that affect you, sign up for text alerts on the main page of this blog. OVI checkpoint alerts will be sent directly to your mobile device/smartphone in the location you choose in the Miami Valley. In the past month we have alerted our followers to the State Route 35 traffic initiative and three local sobriety checkpoints. You should also know that we respect your trust and we will never send you irrelevant information and/or advertisements. This service is free and available to the general public.

You can also put DaytonDUI on your Android Smart phone via the DaytonDUI app. 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. We provide OVI checkpoint information because our sincere desire is to make our roads a safer place.

Springfield OVI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio.  He has no tattoo, but 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 information on Springfield OVI checkpoints check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgHuber HeightsOakwoodBeavercreekCenterville

Big Weekend For Craft Beer In Ohio

August 22nd, 2014

beer in ohioIf you want to know anything about beer in Ohio, you have to check out the Beer Blog written by Rick Armon.  The Beer Blog chronicles anything and everything beer in and around Ohio.  This week he has chronicled all of the cool craft beer festivals that will take place this weekend.

Here’s the beer in Ohio rundown:

• The Craft Brew at the Zoo runs from 6 to 11 p.m. Saturday at the Columbus Zoo & Aquarium in Powell. There’s also a VIP session starting at 5 p.m. but that’s sold out. The event offers more than 50 craft beers, food and live music by J.T. Hillier, Drake White and the Big Fire Band, and Keith Anderson. Tickets are $30 and include a 10-ounce tasting glass and six 4-ounce samples. For more details, click here.

• The Grandview Craft Beer Alliance’s Summer Session runs from 3 to 7 p.m. Saturday in the park at the southeast corner of Grandview and Goodale in Grandview Heights. The festival will focus on beers containing 5 percent alcohol by volume and less from 16 Ohio breweries. There also will be food trucks and live music.
Tickets are $25. For more details, click here.

• The 16th annual AleFest Dayton takes place from 2 to 5 p.m. Saturday at Wegerzyn Gardens. A VIP session gets you in an hour earlier. The event features more than 400 beers and ciders. Tickets are $35 for general admission and $50 for VIP. They include a commemorative tasting glass and 20 sampling tickets. For more details, click here.

• The inaugural Waterfront District Brewfest runs from noon to 6 p.m. Saturday in downtown Lorain. The event features all Ohio breweries. Tickets are $25 and include a souvenir glass and 15 4-ounce samples. For more details, click here.

• The eighth annual Cincy Brew Ha-Ha runs from 5 p.m. to midnight Thursday, 5 to midnight Friday and 4 p.m. to midnight Saturday at Sawyer Point Park in Cincinnati. The festival combines beer and comedy. For full details, click here.

But wait, that’s not all.

The Moerlein Lager House in Cincinnati is holding “Hop Heaven” all day Saturday. They are offering a ton of hoppy draft and bottled and canned beer throughout the day.

And the Firehouse Grill in Blue Ash will hold the finals for its Battle of the Beers competition starting at noon Sunday. The brewery that sells the most beers wins the Firehouse Cup. For more details, click here. To read a rundown of the event by Queen City Fresh, click here.

We always encourage you to have a great time and drink some great craft beer around Ohio this weekend, but be responsible and designate a sober driver.  The weekend festivities coincide with “Drive Sober or Get Pulled Over,” a major law enforcement initiative targeting impaired motorists.  You can bet that law enforcement will be aware of these great beer in Ohio events. If you need an attorney, give us a call.

Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio.  He has no tattoo, but 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.”

Have fun at all of the great Beer in Ohio events and check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgHuber HeightsOakwoodBeavercreekCenterville