Posts Tagged ‘ovi law’

Are You Fat? Old? A Woman? Then The DUI Laws Are Biased Against You

June 5th, 2014

DUI lawsDid you know that the DUI laws are inherently biased against most of us?

Alcohol loves water and will move into spaces where water is the most prevalent.  Fatty portions of the body have a low water content and absorb little of the alcohol, while muscular portions of the body have a high water content and absorb much alcohol.  As it is carried to all parts of the body by the blood, the alcohol distributes itself in proportion to the water content of the various parts of the body.  It is the presumed relationship between the amount of alcohol in the blood at a given time and the amount of alcohol which will be present in the breath which is it he basis for the theory that we can test breath and infer a BAC result.

So we can conclude that the fatter the person, the more alcohol will remain in the bloodstream which will result in a higher BAC result.  The better a person’s physical fitness level, the more alcohol will be taken up by the rest of the body, the less which will be left in the blood, which results in a lower BAC.  This may upset the traditional assumption that the bigger the person (i.e. the size of the container) the more alcohol that the person can consume and the lower the BAC.  The “lean” to “fat” ratio, however, is an important factor.

Women have, on average, a higher percentage of body fat.  Older people have, on average, a higher percentage of body fat.  Does this mean that the breath tests are biased against older people and women.  Based on the science the answer is, yes!  The higher the percentage of body fat, the more alcohol will stay in the bloodstream, the higher the BAC which will result from the alcohol consumed, as opposed to the same amount consumed by a lean, muscular person of the same weight.  Do the DUI laws take this into account – NO! It is up to your attorney to provide the jury with a context to understand how applying the law is unfair to you.

Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio and fighting for fairness in the DUI laws and their application.  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 Ohio DUI laws check these city-specific sites at the following links:
FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

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.”

Important Keywords for this article: teachers & OVI, teachers, OVI, teachers, OVI, Teachers, OVI,

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