Tag: OVI lawyer

Dayton OVI Attorney Charles M. Rowland II

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Looking for a OVI attorney in Dayton, Ohio?

dayton oviDayton OVI attorney, Charles M. Rowland II has been serving the people of Dayton since 1995. He focuses his practice exclusively on defending the accused drunk driver and has amassed an impressive number of credentials in his field. He was named “Top Attorney” in the area of OVI defense by Car & Driver (May 2013) and Time (August 2013). He is a former city prosecutor and special prosecutor in OVI cases. Charles Rowland has been an expert witness on matters of evidential breath testing, testifying on behalf of the United States government in Court Martial proceedings at Wright-Patterson Air Force Base.

Did you blow? Charles Rowland is certified on the Intoxilyzer 8000, the BAC DataMaster and has lectured on topics related to the machines, teaching attorneys throughout Ohio how to beat a breath test. He has completed training in the Drug Recognition Expert Protocol and is as qualified as any law enforcement officer in administering and interpreting the standardized field sobriety tests. Twice a year, Charles M. Rowland II helps the Greene County Career Center Police Academy by conducting a mock trial.

Learn more about Charles M. Rowland II by scheduling a free consultation about your Dayton DUI case. Call (937) 318-1DUI or 888-ROWLAND.

What is Snow Law in Ohio?

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English: Trees covered by snow in Boreal, Cali...

Let it snow!

With the return of winter weather, we have received some questions about what constitutes an emergency and under what authority an emergency can be deemed to exist.  We have also counseled clients who wanted to know what law would circumscribe their behavior during a significant weather event.  Here is what we learned:

A county sheriff may, pursuant to Ohio Revised Code sections 311.07 and 311.08, declare an emergency and temporarily close the state roads and municipal streets within his/her jurisdiction when such action is reasonably necessary for the preservation of the public peace. Ohio Attorney General’s Opinion 97-015, issued April 1, 1997, concluded that this authority includes state roads, county and township roads and municipal streets.

Ohio law provides for three levels of emergency classifications.

Emergency Classifications

LEVEL 1: Roadways are hazardous with blowing and drifting snow (the definition may become a matter of dispute if you ever have to challenge this law). Roads may also be icy. Motorists are urged to drive very cautiously.

LEVEL 2: Roadways are hazardous with blowing and drifting snow. Roads may also be very icy. Only those who feel it is necessary to drive should be out on the roads. Contact your employer to see if you should report to work. Motorists should use extreme caution.

LEVEL 3: All roadways are closed to non-emergency personnel. No one should be driving during these conditions unless it is absolutely necessary to travel or a personal emergency exists. All employees should contact their employer to see if they should report to work. Those traveling on the roads may subject themselves to arrest.

Ohio Revised Code 2917.13 sets forth the crime of “Misconduct at an Emergency.”  Any person who knowingly hampers or fails to obey a lawful order of the sheriff declaring an emergency and temporarily closing highways, roads and/or streets within his/her jurisdiction may be subject to criminal prosecution under Ohio Revised Code Section 2917.13, “Misconduct at an emergency” or other applicable law or ordinance. A violation under that section is a misdemeanor of the fourth degree, punishable by a jail sentence not to exceed 30 days and/or a fine not to exceed $250. If the misconduct creates a risk of physical harm to persons or property, it is a misdemeanor of the first degree, punishable by a jail sentence not to exceed 180 days and/or a fine not to exceed $1,000.  Below is the full text of the statute.

ORC 2917.13. Misconduct at emergency.

(A) No person shall knowingly do any of the following:

  • 1. Hamper the lawful operations of any law enforcement officer, firefighter, rescuer, medical person, emergency medical services person, or other authorized person, engaged in the person’s duties at the scene of a fire, accident, disaster, riot or emergency of any kind;
  • 2. Hamper the lawful activities of any emergency facility person who is engaged in the person’s duties in an emergency facility;
  • 3. Fail to obey the lawful order of any law enforcement officer engaged in the law enforcement officer’s duties at the scene of or in connection with a fire, accident, disaster or emergency of any kind.

(B) Nothing in this section shall be construed to limit access or deny information to any news media representative in the lawful exercise of the news media representative’s duties.

(C) Whoever violates this section is guilty of misconduct at an emergency. Except as otherwise provided in this division, misconduct at an emergency is a misdemeanor of the fourth degree. If a violation of this section creates a risk of physical harm to persons or property, misconduct at an emergency is a misdemeanor of the first degree.

(D) As used in this section:

  • 1. “Emergency medical services person” is the singular of “emergency medical services personnel” as defined in section 2133.21 of the Revised Code.
  • 2. “Emergency facility person” is the singular of “emergency facility personnel” as defined in section 2909.04 of the Revised Code.
  • 3. “Emergency facility” has the same meaning as in section 2909.04 of the Revised Code.

Effective Date: 03-22-2004

To view the state’s weather-related road closures and restrictions, visit the Ohio Department of Transportation’s traffic Web site at www.buckeyetraffic.org.

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. “All I do is DUI (and clean up snow)”

OVI law in Ohio

OVI Law in Ohio – Is It A Just World?

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If you practice OVI law in Ohio…

OVI law in OhioThe belief that people get what they deserve and deserve what they get, which was first theorized by Melvin Lerner in 1977.  Lerner, M.J. & Miller, D.T. (1977). Just-world research and the attribution process: Looking back and ahead. Psychological Bulletin85, 1030-1051.  Attributing failures to dispositional causes rather than situational causes, which are unchangeable and uncontrollable, satisfies our need to believe that the world is fair and we have control over our life. We are motivated to see a just world because this reduces our perceived threats,Burger, J.M. (1981). Motivational biases in the attribution of responsibility for an accident: A meta-analysis of the defensive-attribution hypothesis. Psychological Bulletin90, 496-512, Walster, E. (1966). Assignment of responsibility for an accident. Journal of Personality and Social31, 73-79, gives us a sense of security, helps us find meaning in difficult and unsettling circumstances, and benefits us psychologically.  Gilbert, D.T., & Malone, P.S. (1995).The correspondence bias. Psychological Bulletin117, 21–38.

Unfortunately, the just-world hypothesis also results in a tendency for people to blame and disparage victims of a tragedy or an accident, such as victims of rape (See Abrams, D., Viki, G.T., Masser, B., & Bohner, G. (2003). Perceptions of stranger and acquaintance rape: The role of benevolent and hostile sexism in victim blame and rape proclivity. Journal of Personality and Social Psychology84, 111-125;Bell, S.T., Kuriloff, P.J., & Lottes, I. (1994). Understanding attributions of blame in stranger-rape and date-rape situations: An examinations of gender, race, identification, and students’ social perceptions of rape victims. Journal of Applied Social Psychology24, 1719-1734) and domestic abuse (See Summers, G., & Feldman, N.S. (1984). Blaming the victim versus blaming the perpetrator: An attributional analysis of spouse abuse.Journal of Applied Social and Clinical Psychology2, 339-347) to reassure themselves of their insusceptibility to such events. People may even go to such extremes as the victim’s faults in “past life” to pursue justification for their bad outcome.(Woogler, R.J. (1988). Other lives, other selves: A Jungian psychotherapist discovers past lives. New York: Bantam.)

OVI law in Ohio does not address this bias at any phase of a trial. The just world phenomena is observed in OVI trials as a bias that can cause a jury to overlook the evidence and blame the accused driver for putting himself or herself in a position where an officer could arrest them.  When you combine this inherent bias with a society that stigmatizes drinking drivers (Friends Don’t Let Friends Drive Drunk, Drive Sober or Get Pulled Over), you are left with a turbulent trial scenario for your attorney to face.  An experienced Ohio DUI attorney will make allowances for the juries unknown bias by addressing it in the void dire and in a closing argument.  Often, simply addressing the bias is enough of an inoculation to allow the jurors to focus on the evidence, but OVI law in Ohio is replete with evidence of innocent people being convicted because a jury won’t (or can’t) overcome this bias.

OVI Law In Ohio
ovi defense

Charles M. Rowland II, OVI Defense Attorney

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Charles M. Rowland II is 100 percent focused on OVI defense.

By concentrating exclusively on defending clients who are accused of drunk driving, he is able to provide the very best representation possible. He is:

Experienced – He has been practicing OVI defense law for 20 years and has attained certifications on the Intoxilyzer 8000 and the BAC DataMaster. He is one of only a handful of attorneys in the country to hold a Forensic Sobriety Assessment Certificate. He has received certification on the administration and evaluation of the Standardized Field Sobriety Tests and has been trained in the Drug Recognition Expert protocol.

A Former OVI Prosecutor – He served as City Prosecuting Attorney for the city of Xenia and has served as Special Prosecutor for Greene County and the City of Xenia. Early in his career he served as an Arbitration Judge for the Greene County Common Pleas Court.

A OVI Teacher – Twice yearly Charlie conducts a mock trial for the Greene County Police Academy focusing on the application of the Standardized Field Sobriety Tests. He is a sought after speaker on topics related to OVI and has written over 1000 scholarly articles on OVI topics on the DaytonDUI blog.

Award Winning – In 2013, Charlie was named a top OVI attorney by both “Time “Magazine and “Car & Driver” Magazine. He has been “Superb (10/10)” rated by the attorney rating service AVVO since 2008 and has been awarded Super Lawyer status in OVI defense since 2013. He is co-recipient of the Beavercreek Chamber of Commerce Public Education Award and a Fellow to the Ohio State and American Bar Foundations. Charles has also received a Community Service Award by the Ohio State Bar Foundation.   The DaytonDUI blog has been selected for inclusion in the prestigious American Bar Association Journal. Charlie is a two-time winner of a Distinguished Service award from TCN-BHS for service to those addicted to drugs and alcohol.

Cutting Edge OVI Defense – Charlie is a long-time member of the National College for DUI Defense, a founding member of both the American Association of Premier DUI Attorneys and the National Association of DUI Attorneys. He is consulted as an “expert” making regular appearances on television and radio.

To protect your rights in an OVI case, call Charles M. Rowland II at (937) 318-1384 today.

College Students and Binge Drinking

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binge drinkingWhile there is not a consensus definition of what “binge drinking” is, we know that college students do a lot of it and they do it with beer.  When a person consumes heavily with the intention of achieving intoxication above .08% BAC, they are 74.4 percent of the time doing it with beer. (Nami, et al. 2004). Wine bingers are rare and account for only 10.9 percent of drinkers labeled as binge drinking. (Nami et al. 2004).  As you would expect, college binge drinkers are more likely than their non-drinking counterparts to experience one or more alcohol-related problems.  One study looked at binge drinking with a ten-year follow-up and found the binge drinkers were at a higher risk of becoming dependent on alcohol later in life and that binge drinkers were likely to depart early from college (Jennisom, 2004).

With these risk factors and the long term effect, you should seriously consider if getting black-out drunk is, in fact, a fun thing to do.

Charles M. Rowland II has been representing the accused drunk driver for over 20 years. Contact him at (937) 318-1384 if you find yourself facing a DUI (now called OVI) charge.