Posts Tagged ‘ovi law’

The Ohio “Clear and Convincing Evidence” Standard

February 27th, 2014

clear and convincing evidence

Clear and Convincing Evidence is required for the standardized field sobriety tests to be admitted. Ohio Revised Code 4511.19(D)(4)(b) sets forth the standards for admissibility of the results of field sobriety tests in OVI (drunk driving) prosecutions.  See State v. Bozcar, 113 Ohio St. 3d 148, 2007-Ohio-1251, 863 N.E.2d 115 (2007).  In order for the tests to be admissible, the State must demonstrate:

  1. By clear and convincing evidence.
  2. The Officer administered the tests in substantial compliance.
  3. The testing standards for any reliable, credible, and generally accepted test.
  4. Including, but not limited to, the standards set by NHTSA.

The only guidance provided for determining the meaning of “substantial compliance” has come from State v. Burnside, 100 Ohio St. 3d 152, 2003-Ohio-5372 (2003), wherein the court indicated that errors that are clearly “de minimus” or “minor procedural deviations” are not substantial.  Thus, the State must set forth the testing standards, offer some testimony that the testing standards have been accepted and that the officer has substantially complied.  If the State fails to introduce testimonial or documentary evidence of the standards (most likely via the NHTSA training manual), then they have not met this burden. See Village of Gates Mills v. Mace, 2005-Ohio-2191 (Ohio Ct. App. 8th Dist., Cuyahoga County), wherein the State did not meet this burden despite the Court having its own copy of the manual.

Clear and convincing evidence  is defined  in In re Chappell (1938), 33 N.E.2d 393, 397, as “…that degree of proof which will produce in the mind of the court a firm belief or conviction of the truth of the charges and specifications sought to be established. Cross v. Ledford (1954), 161 Ohio St. 469, paragraph 3 of the syllabus: “Clear and convincing evidence is that measure or degree of proof which is more than a mere ‘preponderance of the evidence,’ but not to the extent of such certainty as is required by ‘beyond a reasonable doubt’ in criminal cases, and which will produce in the mind of the trier of facts a firm belief or conviction as to the facts to be established.” Also see Lansdowne v. Beacon Journal Publishing Co. (1987), 32 Ohio St. 3d 176, 180-181; In re Meyer (1994), 98 Ohio App. 3d 189, 195; Cincinnati Bar Assn. v. Massengale (1991), 58 Ohio St. 3d 121, 122; In re Adoption of Holcomb (1985), 18 Ohio St. 3d 361, 368; In re Brown (1994), 98 Ohio App. 3d 337, 342-343.

Ohio 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.”

Find information on clear and convincing evidence and other city-specific info at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

DaytonDUI: Dayton’s DUI Law Firm

September 19th, 2013

Dayton DUI law firm

If you are searching for a DUI law firm in Dayton, you’ve come to the right place.

The DUI law firm of Babb & Rowland, LLC was founded in 2013 as an extension of the practices of Charles M. Rowland II and Mark Babb.  An attorney since 1995, Charles Rowland dedicates his practice exclusively to representing the accused drunk driver and has worked to amass more credentials than any attorney in his field.  Here are just a few advantages to hiring the Dayton’s DUI law firm.

  • Graduated magna cum laude from Wright State University as a University Honors Scholar with a B.A. in Political Science, 1992
  • Recipient of the H.E. Ashcroft Memorial Scholarship to attend Ohio Northern University, Pettit College of Law, 1992
  • Visiting Scholar University College London, Bentham Inns of Court, London, United Kingdom, 1993
  • As an L-2, Charles was a finalist at the National Tax Moot Court Competition in Houston, Texas, 1994
  • Graduated from Ohio Northern University (top 25% of his class), 1995
  • City Prosecuting Attorney (responsible for DUI prosecutions), 1999
  • Special Prosecutor in and for Greene County (handling high-profile felony cases), 1998-2000
  • Served two terms on the Beavercreek City Schoool Board, 2000-2006
  • President of the Board of Directors of TCN-BHS, Greene County’s Drug and Alcohol provider from 2003-2005
  • Ohio State Bar Foundation recipient of the Community Service Award for Attorneys under 40 years old, 2004
  • Named a Fellow to the Ohio State Bar Foundation, 2005-2006
  • Adjunct Professor of Political Science, Wright State University Honors Program, 2007
  • National College for DUI Defense (attended the 2006 Institute at Harvard University)
  • DUI/Standardized Field Sobriety Testing seminar to the Greene County Bar Association
  • Co-recipient of the 2006 Beavercreek Chamber of Commerce Public Education Award
  • Certified by NPAS on the BAC DataMaster breath testing machine, 2006
  • First private attorney in Ohio certified on the Intoxilyzer 8000 breath testing machine, 2007
  • President of the Greene County Bar Association, 2008-2009
  • C0-authored an update to the Anderson’s Ohio Civil Practice along with J. Timothy Campbell and Steven A Wolaver
  • First attorney in Ohio to earn a Forensic Sobriety Assessment, 2009
  • Certified in the NHTSA Standardized Field Sobriety Standards, 2010
  • Qualified as an Expert Witness on Evidential Breath Testing and testified in WPAFB Court-martial proceeding
  • DUI presentation before the Dayton Bar Association, 2011
  • DUI presentation on the Intoxilyzer 8000 to the Ohio Municipal Attorneys Association, 2012
  • AVVO’s Client Choice for DUI Defense, 2012-present
  • Named a Fellow to the American Bar Foundation, 2013
  • Certified as an Ohio SuperLawyer, 2013
  • Featured in the May, 2013 edition of Car & Driver Magazine and the August, 2013 edition of Time Magazine for DUI Defense

 

When you are looking for a DUI law firm, pick a DUI law firm that has a track record of experience and credentials.  Charles M. Rowland II  and the DUI law firm of Babb & Rowland dedicate their practice to defending the accused drunk driver in the Miami Valley and throughout Ohio.  They have the credentials and the experience to win your case and have made themselves 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.”

 Find city-specific DUI law firm information at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

 

 

Teachers & OVI: Do I Report an OVI?

September 9th, 2013

teachers, ovi

You Don’t Need To Report

Teachers, if you have an OVI (drunk driving) conviction, you may be worried about your career.  We have represented many teachers and strive to have every OVI reduced or dismissed so that it cannot have an adverse impact on your future.  One question we frequently encounter is, “Do I have to report and OVI conviction on my application?”  The answer is NO!

A great OVI resource for teachers is the Ohio Educator Conduct FAQ provided by the Ohio Department of Education’s Office of Professional Conduct.  It states, 

Do I have to indicate an OVI or DUI conviction on my application?

A conviction for operating a motor vehicle while intoxicated (OVI) or driving under the influence (DUI) is a traffic offense and therefore does not have to be reported on an application.

There are other great answers on this page and we highly recommend that teachers consult this page for information about what information needs to be disclosed on your professional application regarding OVI.  Having served two terms on my local school board, I know how much teachers impact our kids.  I know that without great teachers I could not have seen the path to law school.  I will go the extra mile to make sure that your dream of educating kids is fulfilled.  An OVI will not stand in your way.

Ohio DUI/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 (here) or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500.  Follow DaytonDUI on Facebook, 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.”

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OVI In The Fairborn Municipal Court

September 3rd, 2013

Fairborn Municipal CourtInformation about OVI cases in the Fairborn Municipal Court

If you are charged with an OVI in Fairborn, your misdemeanor OVI case will be heard in the Beavercreek/Fairborn Municipal Court.  The Fairborn Municipal Court, located at at 1148 Kauffman Ave., Fairborn, Ohio 45324, maintains a copy of its fee schedule on its web site. The Fairborn Municipal Court serves Fairborn, Bath TownshipBeavercreek and Beavercreek Township. The court conducts preliminary hearings in felony cases, handles traffic and non-traffic misdemeanors, and civil cases where the money in dispute does not exceed $15,000. The Greene County Common Pleas Court (in Xenia) handles felony criminal cases.  You can contact the Fairborn Municipal Court at; (937) 754-3040 or by fax at  (937) 879-4422.  The presiding Judge of the Fairborn Municipal Court is Beth W. Root who became judge of the Fairborn/Beavercreek Municipal Court in January 2008.

Fairborn OVI Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Fairborn Municipal Court 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.”

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville 

Does Alcohol Consumption Kill Brain Cells?

August 27th, 2013

alcohol brainIt has become a common belief that alcohol consumption kills brain cells, but is that true?

Much of the anti-alcohol rhetoric comes from the prohibition era.  The early temperance writers made the assertion that alcohol killed brain cells and also insisted that the alcohol in their blood could cause “drunkards” to catch fire and burn alive. Hanson, David J. Alcohol Education: What we Must Do. Westport, Connecticut: Praeger, 1996, p. 13.  While such over the top arguments have been dropped, they have left the impression that drinking alcohol hurts your brain.  Fortunately, nothing could be further from the truth.

Scientific medical research has actually demonstrated that the moderate consumption of alcohol is associated with better cognitive (thinking and reasoning) skills and memory than is abstaining from alcohol. Moderate drinking doesn’t kill brain cells but helps the brain function better into old age. Studies around the world involving many thousands of people report this finding.  See, for example, Antilla, Tiia, et al. Alcohol drinking in middle age and subsequent risk of mild cognitive impairment and dementia in old age: a prospective population based study. British Medical Journal, 2004, 329, 538-539; Harrison, P.G. Moderate Drinking Helps Preserve Women’s Brains. Reuters Health, June 15, 2001; McDougall, Graham. Older Women’s Cognitive and Affective Response to Moderate Drinking. Presented at the meetings of the National Congress on the State of Science in Nursing Research. Washington, D.C., October 7-8,2004; University of Texas at Austin. Moderate drinking in older adult women has positive influence on memory. News release, October 3,2004; Matthews, Robert. Alcohol sharpens your brain, say researchers. The Telegraph(UK), August 1, 2004; Galanis, D. J., et al. A longitudinal study of drinking and cofgnitive performance in elderly Japanese American men: The Honolulu-Asia Aging Study.American Journal of Public Health, 2000, 90, 1254-1259; Elias, P.K., et al. Alcohol consumption and cognitive performance in the Framingham Heart Study. American Journal of Epidemiology, 1999, 150(6), 580-589. Bates, M.E., and Tracy, J.I. Cognitive functioning in young “social drinkers”: Is there impairment to detect? Journal of Abnormal Psychology, 1990, 99, 242-249.

Older people who drink in moderation generally suffer less mental decline than do abstainers, another study finds. Ganguli, M., et al. Alcohol consumption and cognitive function in late life: A longitudinal community study. Neurology, 2005, 65, 1210-12-17.  Moderate alcohol consumption protects older persons from the development of cognitive impairment.  Zuccala, G. , et al. Dose-related impact of alcohol consumption on cognitive function in advanced age: Results of a multicenter study. Alcoholism: Clinical and Experimental Research, 2001, 25, 1743-174.  A study reported at the annual Congress of Epidemiology in Toronto found moderate consumption of alcohol to be associated with superior mental function among older women compared to abstainers. Harrison, P.G. Moderate Drinking Helps Preserve Women’s Brains. Reuters Health, June 15, 2001. See also Reuters, Associated Press, ABCNEWS, and HealthSCOUT of same date.  Women who consume alcohol moderately on a daily basis are about 20% less likely than abstainers to experience poor memory and decreased thinking abilities, according to recent research.Stampfer, M.J., et al. Effects of moderate alcohol consumption on cognitive function in women. New England Journal of Medicine, 2005, 352, 245-253; Heslam, Jessica. Women age better with a fine wine: Study: Alcohol helps memory. Boston Herald, January 20, 2005; Stein, Rob. Study: Moderate drinking good for cognitive health. Washington Post, January 20, 2005.

Of course, long-term heavy consumption can lead to problems.  Alcohol has a severe dehydrating effect on the body. In extreme cases the body may become so dehydrated that permanent damage is caused to the brain. This is one effect of a condition known as alcohol poisoning.  Alcohol-related brain damage is also used to encompass several medical conditions related to alcohol consumption. These include alcohol-related dementia and Wernicke-Korsakoff syndrome.  Wernicke-Korsakoff syndrome is caused by a deficiency in thiamine, also known as vitamin B1. This deficiency is common to many alcoholics – up to 80%.  Alcohol consumption has been associated with mental health problems, such as anxietyor depression.  Moreover, more serious mental health problems, such as psychosis, can be caused by “extreme levels of drinking.”

Some studies suggest that alcohol consumption does not kill brain cells, but it can damage them. It damages the dendrites of neurons which bring information to the cell body.  The damage results in problems relaying information between the brain cells.  Not surprisingly, the damage particularly affects the cerebellum, which is the part of the brain concerned with learning and motor coordination.    Research on rats suggests that the damage caused by binge drinking can be temporary.  During simulated alcohol “binges,” rats’ ability to create new brain cells was reduced. But after the animals no longer consumed alcohol they had a “huge burst” in new brain cell development. The study is the first to demonstrate that brain cell production can return after abstinence from alcohol abuse. Nixon, K. and Crews, F. The Journal of Neuroscience, Oct. 27, 2004; vol 24: pp 9714-9722.  But even in such extreme cases, there’s a lack of evidence that alcohol kills brain cells.

Ohio 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 emailCharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

 Find city-specific Ohio DUI information or alcohol treatment, please follow these links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville