Posts Tagged ‘Ohio’

The Dayton DUI Blog Gets Recognition

July 31st, 2014

Dayton DUI BlogThis very Dayton DUI blog has received inclusion in the LawBlogs.net collection of prestigious legal blogs.  At LawBlogs.net they have collected blogs that deal with almost every conceivable area of law.  It is well organized and fully integrated so that you can follow it on Twitter, Facebook and G+.  Look for us listed as Ohio DUI | OVI Blog!

The founder, Matthias Klappenbach explains,

I would love to start building out this community of law blogs. Right now there’s barely anyone around. Visitors are coming through links from JuraBlogs.com or somehow find the site on Google. However I will keep adding features as I believe in the idea of aggregating the posts and building the “one-stop” to stay up to date. I would love to get some feedback on new features or new blogs and of course I will listed to critique as well.  Eventually my goal is to algorithmically curate the popular and trending legal posts and related articles from the main stream media. LawBlogs.net should be seen as a quick help to navigate through the vast amount of legal content published every day.

If you are interested in all things legal give it a try.  I am proud to be a member of this group of blogs and proud that our DUI blog content was deemed good enough to merit inclusion.

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 DUI or the Dayton DUI blog check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburg, Huber HeightsOakwoodBeavercreekCenterville

Vehicle Forfeiture: Where Does The Money Go?

July 30th, 2014

vehicle forfeiture

Have you ever wondered where the money goes following a vehicle forfeiture?

Does your police agency have some really cool sports cars, tricked out SUVs or ruggedly expensive off-road vehicles?  Chances are they got it via Ohio’s vehicle forfeiture law.  Pursuant to R.C. 4503.234(C)(1), the agency that arrested a defendant has a virtual right of first refusal on any forfeited vehicle.  All they have to do is satisfy the lienholder or the innocent non-owners interest if they have protected their interest in the vehicle.

If law enforcement does not want the vehicle it will be sent to auction.  Prior to the sale the prosecuting attorney must give public notice of the proposed sale.  See R.C. 4503.234(C)(2).  At the public auction, the vehicle is sold to the highest bidder – cash only!  R.C. 4503.234(C)(2)  Interestingly, if the “blue book” value of the vehicle is under $2,000.00 the court is authorized to dispose of it in any manner it deems appropriate. R.C. 4503.234(G).

 

  • When the vehicle is sold the money goes to the following people:
  • to the costs associated the the seizure, storage, maintenance, security, and sale;
  • to the value of any non-owner interest established in the vehicle;
  • any remaining proceeds up to $1,000.00 to the law enforcement trust fund [R.C. 2933,43(D)(1)(c) and (2)];

 

Whatever proceeds are left after that go to the following people:

 

  • 50% to the reparation fund [R.C. 2743.191];
  • 25% to the Drug Abuse Resistance Education Fund [R.C. 4511.191(F)(2)(e)]; and
  • 25% to the law enforcement trust fund [R.C. 2981.13]

The law has two particularly ugly provision relating to passengers.  If you are a passenger in a vehicle and you knew or should have known that the driver was impaired you cannot get reparations for your injuries proximately caused by the driver.  See R.C. 2743.191 as amended by SB 153.   No compensation will be paid to a passenger under the influence who should have reasonably known, if that passenger would have been sober, that the driver was under the influence. R.C. 2743.06(B).

As you can see from the priority list above, the law enforcement agency benefits more when an expensive vehicle is forfeited.  Usually, we call this policing for profit when the property is targeted by police so that they can reap a benefit.  Unlike drug forfeitures, however, a vehicle forfeiture in an Ohio OVI case are caused by the actions of the accused driver not by motivated policing.

Much of the vehicle forfeiture information provided herein is set forth at Ohio DUI Law, Weiler & Weiler, 2013-2014 ed.

 

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 information about vehicle forfeiture contact me, or check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburg, Huber HeightsOakwoodBeavercreekCenterville

 

Methods for Obtaining A Test Under Ohio’s Implied Consent Law

July 28th, 2014

 

implied consent law

 

When you drive on Ohio’s roadways you are assumed to have consented to a search of your blood, breath, plasma or urine if you are arrested pursuant to the Ohio Drunk Driving statute, R.C. 4511.19(A) or R.C. 4511.19(B). Ohio Revised Code 4511.191(A)(2) is Ohio’s Implied Consent Law. It states, in pertinent part,

 

“Any person who operates a vehicle, streetcar, or trackless trolley upon a highway or any public or private property used by the public for vehicular travel or parking within this state or who is in physical control of a vehicle, streetcar, or trackless trolley shall be deemed to have given consent to a chemical test or tests of the person’s whole blood, blood serum or plasma, breath, or urine to determine the alcohol, drug of abuse, controlled substance, metabolite of a controlled substance, or combination content of the person’s whole blood, blood serum or plasma, breath, or urine if arrested for a violation of division (A) or (B) of section 4511.19 of the Revised Code, section 4511.194 of the Revised Code or a substantially equivalent municipal ordinance, or a municipal OVI ordinance.”

 

The first of three methods officer’s use to obtain a test is submission by a defendant. This is a typical scenario wherein a person is observed driving and arrested for OVI. At the station the officer reads the warnings on the SR-2255 form and requests that the defendant take a chemical test. The statutory authority for this method of obtaining a test is set forth at R.C. 4511.19(A)(2). It is necessary that a defendant be placed under arrest prior to the officer’s request to submit.

 

Section 4511.191(A)(4) applies the implied consent statute to persons who are dead or unconscious at the time a blood breath or urine sample is requested. It states,

 

“Any person who is dead or unconscious, or who otherwise is in a condition rendering the person incapable of refusal, shall be deemed to have consented as provided in division (A)(2) of this section, and the test or tests may be administered, subject to sections 313.12 to 313.16 of the Revised Code.”

 

Issues over this method of obtaining a test are often invoked in serious accident cases. Questions of fact about whether the person was semi-conscious, fully conscious or able to give consent are common. Due to the unusual circumstances of this type of case, an arrest is not necessary prior to the chemical test.

 

The third method for obtaining a chemical test under the implied consent provisions of Ohio law is the controversial forced blood draw.  Ohio adopted a “no refusal” forced blood draw statue at R.C. 4511.191, which states, “if the person refuses to take a chemical test the officer may employ whatever reasonable means are necessary to ensure that the person submits to a chemical test of the person’s whole blood or blood serum or plasma.” [emphasis added]. Obviously, the McNeeley decision places this law in jeopardy.  When a person refuses to voluntarily submit to a chemical test for BAC, if time permits, a warrant should be obtained.  In State v. Hollis, 2013-Ohio-2586, the Fifth Appellate District was faced with an appeal of a decision from the Richland County Common Pleas Court. The case was the first forced blood draw decision following the United States Supreme Court ruling in Missouri v. McNeeley, which held “that in drunk-driving investigations, the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant.  The decision of the court used the previous rules for exigent circumstancesas set forth in Schmerber v. California and does not address or rely upon the McNeeley ruling.  Instead, the court (relying on Schmerber) finds that exigent circumstances existed justifying the blood draw. Defendant was constructively arrested at the hospital after wrecking his car and likely being under the influence. The blood draw at the hospital was reasonable and with exigent circumstances. The court credits that it would have taken “hours” to get a warrant.

 

 

 

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 Ohio’s Implied Consent law contact me, or check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburg, Huber HeightsOakwoodBeavercreekCenterville

 

 

 

Pay Online At The Vandalia Municipal Court

July 24th, 2014

Vandalia Municipal CourtThe Vandalia Municipal Court has made it easy to pay your violation using its website.  To find out how to make an online payment visit HERE.  To make a payment visit the court HERE.

If you choose this form of payment, please check with the court’s online records to make sure that you are paying for any and all citations against you.  The result of your search will display all cases relevant to that search. Tickets can contain up to seven (7) separate charges, if you are paying to waive a court appearance, make sure you are paying all the charges. Multiple cases per ticket are listed with letters after the case number as illustrated below:

vandalia court records

It is also important that you make sure the Vandalia Municipal Court receives proof that you had insurance at the time of your offense(s).  Proof of insurance is a requirement.  Again, please check with the court’s online records to see if proof of insurance was shown on your ticket. If you showed proof of insurance at the time of the offense (indicated as “Proof of Ins.?: Shown”), then you have complied with the State of Ohio requirements, no further action on your behalf is required. If you did not show proof of insurance at the time of the offense (indicated as “Proof of Ins.?: Not Shown”), the Court is required to notify the State of Ohio Bureau of Motor Vehicles who in turn will mail you a request for proof of insurance. Failure to comply will result in a suspension of your driving privileges. DO NOT SEND PROOF OF INSURANCE TO THE COURT AFTER PAYMENT.

Payment of Fines/Costs are also accepted by the Clerk’s Office as long as it is received prior to the date on the Fine and Court Cost order which you signed prior to leaving the Courthouse. If you missed the date, you MUST appear in person at the Clerk’s Office as a warrant may have been issued for your arrest and/or notification to the Bureau of Motor Vehicles of a license forfeiture and/or block along with additional fees.  This is important because it is more expensive for your attorney to deal with a warrant and potentially could land you in jail until it gets sorted out.

Certain offenses are NOT payable online and a Court appearance at the Vandalia Municipal Court  required. What follows is a list of offenses that cannot be paid online, thus requiring a Court appearance:

  • ANY FELONY OR INDICTABLE OFFENSE
  • OPERATING A MOTOR VEHICLE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS OF ABUSE, OR PERMITTING ANOTHER TO DO SO.
  • LEAVING THE SCENE OF AN ACCIDENT
  • DRIVING UNDER SUSPENSION OR WITHOUT A LICENSE EXCEPT FOR EXPIRED LICENSE OF LESS THAN (6) MONTHS
  • THIRD SPEED VIOLATION WITHIN 12 MONTHS
  • ELUDING/FLEEING A POLICE OFFICER
  • DRAG RACING
  • PHYSICAL CONTROL
  • ANY SPEED CLOCKED AT 31 MPH OR MORE OVER THE POSTED LIMIT OR 16 MPH OR MORE OVER THE POSTED LIMIT IN SCHOOL ZONE
  • PASSING A SCHOOL BUS

Lastly, it is important to understand that paying your citations online is a plea of guilty.  By submitting your information to request payment, you understand that you are pleading “Guilty” to all charges against you as listed on the citation, consequently waiving your right to an appearance in court or to a trial. You further understand that, when processed, this will close your case and the Court will forward this information to the Bureau of Motor Vehicles and the appropriate points will still be added to your license.

It is always a good practice to speak with an attorney prior to making any decision about a criminal case.  Often, unintended consequences can come back at a later time to create greater problems.

Vandalia DUI 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 the Vandalia Municipal Court contact me, or check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburg, Huber HeightsOakwoodBeavercreekCenterville

Traffic Ticket Blitz Underway in Ohio Through July 26

July 23rd, 2014

traffic ticketThere is a traffic ticket blitz underway in Ohio and five other states. The Ohio State Highway Patrol will join forces with other members of the 6-State Trooper Project to focus efforts on distracted driving enforcement statewide. The high-visibility enforcement effort begins Sunday, July 20 at 12:01 a.m. and continues through Saturday, July 26 at 11:59 p.m.  The 6-State Trooper Project includes the Ohio State Highway Patrol, Kentucky State Police, Indiana State Police, Pennsylvania State Police, West Virginia State Police and the Michigan State Police.

OSP Sgt. Vincent Shirey told FOX 8 News that troopers will not just be looking out for texting.  Shirey said they will also be looking for anything that takes your eyes, and your attention, off of the road. That could be changing the radio station or turning to pay attention to your kids, according to Shirey.  “The Patrol is serious about eliminating threats on roadways, and we’re proud of this collaborative, multi- state effort,” said Colonel Paul A. Pride, Patrol superintendent. “By cracking down on distracted driving, we are making Ohio and surrounding states safer.”

Experience has told us that you can expect major traffic ticket patrols along I-75 and I-71 during this period.  Arrests for OVI are targeted during this period as well. Given the Ohio State Highway Patrol’s proclivity to conduct drug searches, you should also expect to assert your right to refuse a search.

Traffic Ticket 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 schedule a free DUI consultation about your traffic ticket or OVI contact me, or check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburg, Huber HeightsOakwoodBeavercreekCenterville