QUESTION: Do the police have the right to take someone’s license at the time they are arrested for a DUI?
AUDIO ANSWER by DUI Attorney Charles Rowland:
Posts Tagged ‘Police’
Can the Police Take Your License If Arrested for a DUI?
April 4th, 2013Ohio OVI Defense Attorney Quote of the Week
August 7th, 2012
United States Supreme Court Justice Byron White in the landmark case of United States vs. Wade, 388 U.S. 218 (1967)
“Law enforcement officers have the obligation to convict the guilty and to make sure they do not convict the innocent. They must be dedicated to making the criminal trial a procedure for the ascertainment of the true facts surrounding the commission of the crime. To this extent, our so-called adversary system is not adversary at all; nor should it be. But defense counsel has no comparable obligation to ascertain or present the truth. Our system assigns him a different mission. He must be and is interested in preventing the conviction of the innocent, but, absent a voluntary plea of guilty, we also insist that he defend his client whether he is innocent or guilty. The State has the obligation to present the evidence. Defense counsel need present nothing, even if he knows what the truth is. He need not furnish any witnesses to the police, or reveal any confidences of his client, or furnish any other information to help the prosecution’s case. If he can confuse a witness, even a truthful one, or make him appear at a disadvantage, unsure or indecisive, that will be his normal course. Our interest in not convictingthe innocent permits counsel to put the State to its proof, to put the State’s case in the worst possible light, regardless of what he thinks or knows to be the truth. Undoubtedly there are some limits which defense counsel must observe but more often than not, defense counsel will cross-examine a prosecution witness, and impeach him if he can, even if he thinks the witness is telling the truth, just as he will attempt to destroy a witness who he thinks is lying. In this respect, as part of our modified adversary system and as part of the duty imposed on the most honorable defense counsel, we countenance or require conduct which in many instances has little, if any, relation to the search for truth.”
DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Dayton and throughout the Miami Valley. 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, www.facebook.com/daytondui 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.
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Dayton Adopts Mobile (Hidden?) Speed Cameras
March 2nd, 2012
The Dayton Police Department has taken what some argued was an inevitable step to increase revenue. They have deployed a mobile speed camera inside a Ford Escape which they will move around the city to catch speeders unawares. The camera technology is the same used by stationary units. According to WDTN, “[w]hen a driver exceeds the set speed, the cameras snap three photos of the vehicle. The pictures and a citation will then be sent to the vehicle owner about a week after the offense.” Dayton Police Detective Carol Johnson said she is hopeful the mobile unit will slow drivers down. “They might be more cognizant of their driving or not speed at all just because the mobile unit might pop up,” said Johnson. Warnings will be given until the end of March. Starting April, 1 (Fool’s Day) the tickets will cost drivers $85.00 for each violation. If you find yourself charged with a violation of mobile (hidden) speed cameras, contact Dayton criminal defense attorney Charles M. Rowland II at (937)318-1384 for a free consultation. You can also join the fight against red-light and speed cameras at his facebook page, www.facebook.com/daytondui.
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Yellow Springs Mayor’s Court
February 27th, 2012Twice a month David Foubert, Mayor of Yellow Springs, holds court.
The Yellow Springs Mayor’s Court hears misdemeanor offenses that occur in the jurisdiction of the Yellow Springs Police Department. The Yellow Springs Mayor’s Court is held in the Byron Community Center, located at 100 Dayton Street just adjacent to downtown Yellow Springs. The Byron Community Center also houses the Yellow Springs Police Department, which can be reached at: Non-Emergency: (937) 767-7206 or at dispatch@yso.com. For inquiries regarding court appearances, fine and costs amounts, court procedures and other court matters, you may call the Clerk of Court’s office at (937) 767-3400. If you wish, you may remove your case from the Yellow Springs Mayor’s Court to the jurisdiction of the Xenia Municipal Court located at 101 N. Detroit St., Xenia, Ohio. Removal is a decision that should be made only after a complete consultation with an attorney familiar with the Yellow Springs Mayor’s Court and the Xenia Municipal Court.
If you find yourself arrested for a DUI (drunk driving) offense in the jurisdiction of the Yellow Springs Mayor’s Court, contact Yellow Springs DUI attorney Charles M. Rowland II at (937) 318-1384. Charles Rowland served as the acting city Prosecutor in Xenia and has appeared regularly in the Yellow Springs Mayor’s court for over fifteen years. If you are arrested on a criminal offense, contact Yellow Springs criminal attorney Mark Babb at (937) 879-9542. Mr. Babb is a resident of Yellow Springs and a passionate advocate for his clients.
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New Year’s Eve By The Numbers
January 3rd, 2012
According to this storyin the Dayton Daily News, New Year’s Eve was safe. “There were relatively few OVI arrests, and the Dayton Daily News had received no reports of traffic fatalities directly attributed to drunken driving Saturday night as of Sunday afternoon.” The most active State Highway Patrol Post was Montgomery County which made seven OVI arrests over the weekend. Miami County OSP made three arrests, Warren County OSP made one and Greene County made no OVI arrests over the New Year’s Eve weekend. “Police departments from Beavercreek to Vandalia and down through Franklin also reported an uneventful New Year’s Eve, with few drunken driving arrests. In Kettering, police held an OVI Task Force on Friday night and stopped a number of drunken drivers, but Kettering reported zero OVI arrests on Saturday night.” WDTN reported that Dayton Police was very active this weekend making twenty OVI arrests while Piqua saw four arrests and Wapakoneta had only two.
Not widely reported is that the OSP and local agencies did not hold OVI checkpoints, but instead relied on tried-and-true police enforcement tactics such as “saturation patrols” and putting extra officers on the street. Now that we are achieving record levels of safety, perhaps courageous officers will come out against OVI checkpoints as ineffective and expensive as compared to saturation patrols. There is also a good argument that OVI roadblocks have engendered anger and distrust among the public whereas officers who pull over dangerous drivers are perceived as the heroes they truly are. A good example is Kettering. Kettering rarely has checkpoints, but the police are active in making the roads safe by conducting OVI “stings” at appropriate times during the year. My New Year’s resolution is to continue to fight to end checkpoints and fight for clients who are falsely accused of the highly politicized crime of drunk driving.
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