Tag Archives: Traffic ticket

Traffic Ticket Blitz Underway in Ohio Through July 26

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

 

 

Service and Personal Jurisdiction in OVI Cases (by DaytonDUI)

uniform traffic ticketIn order to have personal service over a defendant in an OVI case, the court must be satisfied that the citation has been properly served pursuant to Ohio Traffic Rule 3(E). Toledo v. Williams, 1991 WL 3811 (Ohio Ct. App. 6th Dist. Lucas County 1991).  Taffic Rule 3(E) requires that the officer who completes the complaint sign the ticket and serve the citation on the defendant. See City of Cleveland v. Trzebuckowski, 2002-Ohio-584 (Ohio Ct. App. 8th Dist. Cuyahoga County 2002), holding that the officer’s printing of his name instead of signing in cursive was sufficient to have satisfied the minimum requirements for completing a complaint under Traffic Rule 3(E).  Mailing the complaint to a defendant is not sufficient. See Akron v. Detweiler, 54 Ohio Misc. 5, 8 Ohio Op.3d 216, 375 N.E.2d 824 (Muni. Ct. 1978).  The Ohio Supreme Court has held that a change on an original ticket from a violation of R.C. 4511.19(A)(5) to a violation of 4511.19(A)(6) did not require additional service because the defendant received adequate notice of the charges when he was served with the original ticket. State v. Campbell, 100 Ohio St. 3d 361, 2003-Ohio-6804, 800 N.E.2d 356 (2003), reconsideration denied, 101 Ohio St. 3d 1470, 2004-Ohio-819, 804 N.E.2d 43 (2004).  While service of the citation is not usually an issue in an OVI, care should be taken to address this issue in cases wherein the defendant took a blood or urine test that was sent off for analysis.  In these cases, law enforcement is still required to comply with Traffic Rule 3(E).

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, SpringfieldKetteringVandaliaXeniaMiamisburgHuber HeightsBeavercreekCentervilleSpringboro, Franklin 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 Twitterupdates 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.

Kettering Municipal Court Traffic Safety Program (by DaytonDUI)

Kettering Municipal Court offers a Traffic Safety Program for eligible participants which allows you to attend a class instead of receiving points for your traffic citation(s). Classes are held monthly on a Tuesday evening from 6:00 to 9:00 p.m. and are taught by police officers at either the Kettering Police Department, 3600 Shroyer Road, or the Centerville Police Department, 155 W. Spring Valley Road. Upon successful completion of the program, your citation will be dismissed and will not appear on your driving record, and you will receive no points on your driving record.

You may be eligible for the Traffic Safety Program if:

  • You can provide proof of automobile insurance
  • Your traffic violation does not have any accompanying criminal charges
  • You have not had a moving traffic violation within the last 24 months
  • You have not been through the Kettering Traffic Safety Program within the last 24 months
  • You plead guilty to the offense by signing the back of your ticket
  • You have not already paid the fine for your citation
  • You must register and pay for the class by the court date listed on your citation

In addition, if you were cited for any of the following violations, you will not be eligible for the program:

  • Driving under suspension
  • Driving under the influence (of alcohol or other drugs)
  • Drag Racing
  • Reckless operation/fleeing police
  • Passing a school bus and school zone violations 10 mph or more over the limit
  • Leaving the scene of an accident
  • Traffic accident violations and violations that may result in liability issues
  • Intentional damage to property or injury to persons

The Traffic Safety Program Director has the right to deny entry to anyone based on past history or inability to meet program criteria.

Sign Up for the Program

If you would like to sign up for the Traffic Safety Program, you must apply in person at Kettering Municipal Court Probation Department. Be sure to come in to apply on or before your court date.

Please be aware: failure to attend the class when assigned will result in a guilty plea being accepted by the Court and the fee for the program will be applied to court costs, fines and school costs. For questions about the program, please contact our Probation Department at 937-296-3328.

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.

DUI Court Process: The Stopping Sequence

You are driving home when you see a car following you closely.  The car is acting unlike any other car you have ever encountered and you begin to wonder if you are in danger.  At that point you see the flashing emergency lights and hear the piercing wail of a siren.  You heartbeat begins to spike, your stomach sours with a flood of cortisol and your hands begin to sweat.  Little do you know that the officer’s DUI investigation has begun.

The National Highway Traffic Safety Administration (hereinafter NHTSA) provides the training manual for law enforcement in detection of drunk drivers.  The NHTSA manual specifically trains the officer to observe your “STOPPING SEQUENCE” and look for clues of impairment.  “These cues may include:

  • an attempt to flee;
  • no response;
  • slow response;
  • an abrupt swerve;
  • sudden stop; and
  • striking the curb or another object.

See NHTSA Manual, Feb. 2006, V-10.  “The driver’s task becomes more complex when the stop command is given.” V-10  “Stopping itself requires the driver simultaneously to turn the steering wheel, put on the brakes, use a turn signal and so on.” V-10

What Should You Do?

Stay calm and know your rights!  The police officer is looking for cues that you may be impaired by alcohol.  This is not the time to share feelings of frustration or anger at being pulled over.  Demonstrate control of yourself and your vehicle.  Pull to the side of the road and provide as much space as possible for the officer to approach your window. When the officer arrives at your car window he/she is understandably concerned about safety. Keep your hands where the officer can see them, do not run and do not touch the officer. The officer usually begins the stop by asking if you know why he pulled you over, and may ask if you’ve had anything to drink. You are not required to answer potentially incriminating questions. A polite “I would like to speak with an attorney before I answer any questions” is a good reply. On the other hand, saying that you had one or two beers is not incriminating: it is not sufficient to cause intoxication — and it may explain the odor of alcohol on the breath.

Interfering with or obstructing an officer is a crime and you can be arrested for it. You must present the officer with your driver’s license and identification upon request. Upon being stopped under suspicion of drunk driving, the officer will try to stick his head near your face and attempt to have a conversation with you. He is seeking to ascertain if you have an odor of alcohol about your breath or person. The officer is also seeking to determine if your speech is slurred. By getting a good look at your face, the officer can determine if your eyes are blood-shot or glassy. Not surprisingly, finding an odor of alcoholic beverage, slurred speech and glassy eyes will prompt the officer to ask you to step outside the vehicle to take some field sobriety tests. You have every right to refuse the standardized field sobriety tests! These tests are being conducted so as to be used against you in court. Common field sobriety tests include the HGN, a test of your eyes, the Walk and Turn test and the One Leg Stand test.

If the officer asks you to exit the vehicle you have a choice. If you do not wish to exit, you are forcing the officers hand. He or she may arrest you and take you to the station. If you do exit, the officer may ask you to take the field sobriety tests sited above. If you do not take the tests then law enforcement has less evidence against you. If you feel you are impaired a trip to the station will be less intrusive than a conviction. Refusing to cooperate with the field sobriety tests will not result in an automatic license suspension, but refusing to take a blood, breath, or urine test at the station most certainly will. By knowing that you have a right to refuse field sobriety tests, you may be able to limit the evidence against you at trial.

Once outside the vehicle, an officer has the right to pat you down for his own safety. Do not resist this search but make it clear to the officer that you are not consenting to any further search. It is not a crime to refuse to answer questions, but doing so will arouse police suspicion. Remember, if an officer is questioning you he or she is seeking evidence to use against you. Do not make any incriminating statements. A common tactic used by some experienced officers is the “it’s all over now, I’ve arrested you, let’s be honest” approach. They are seeking to solicit information to bolster the arrest and use against you in court. If you feel you are being treated unreasonably, or that your rights are being violated, the scene is not the proper place to argue the point. You can discuss the officer’s behavior with an attorney or file a complaint with the Internal Affairs Department later. A common technique that an officer will use will be to ask you “how many beers have you had?” The best answer is simply to refuse to answer the question and ask the officer if there is anything else that you can help him/her with. Again, by knowing your rights you will gain a measure of control over this intimidating situation.

Please check out the information in the “DUI PROCESS” category of this blog for important tips on how to protect yourself from the first possible moment.  Charles M. Rowland II provides this information to empower you to make the best decisions about your case.  For over fifteen years Charles Rowland has been representing the accused drunk driver and has become Dayton’s choice for DUI defense.  Please visit www.DaytonDUI.com or CONTACT Charlie at (937) 879-9542 or 1-888-ROWLAND [888-769-5263].

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Due Process for Traffic Offenders (from the National Motorists Association)

due-process-traffic-tickets

By James Baxter, NMA President

There’s a random pattern around the country where state and local courts are systematically making it harder and more expensive for ticket recipients to fight traffic tickets.

This is an admission by the judiciary and state and local governments that there is growing public resistance to being ripped off via bad laws, unethical enforcement, and revenue hungry courts.

Defendants are growing in numbers, they are coming to court better prepared to defend themselves, the police are being found lacking in knowledge and compliance with mandated procedures, ignorant arbitrary judges are being exposed, and pro-se defendants are mucking up the good “ole” boy plea bargaining system and demanding trials.

This could lead to the collapse of the whole money grubbing system that has evolved around the traffic ticket industry.

To protect itself, the “system” is fighting back. Here are a few of its strategies being implemented around the country:

1) The State of Massachusetts passed a law requiring traffic ticket defendants to pay $25 to contest a ticket; non-refundable.
To appeal a case to a more legitimate court requires payment of $50, again; non-refundable. Win, lose, or draw the court gets $75 — regardless of the merit of the ticket. What an incredible incentive for the police to write bogus tickets by the thousands! Why not, every ticket will generate at least $25 to $75, regardless of the outcome.

2) Some of the ticket camera operations run their own court systems.
There is no thought given to the obvious conflict of interest, plus requiring pre-payment of the fine and additional fees to get a one sided hearing. Even when solid evidence is provided that shows the defendant is innocent, the evidence is ignored and the victim’s money is kept.

3) If defendants learn of a law that requires certain procedures be implemented before enforcement activities can commence, the law is changed or eliminated.
For example, in California, the speed trap law required traffic engineering studies be done every five years, and the speed limit was to be set according to the results of the study. Many communities sloughed off on the engineering studies and as a result speeding tickets had to be dismissed. The State Legislature addressed this by extending the time period between studies from once every five years to once every ten years.

4) In Marion County, Indiana the local court is telling defendants that if they challenge their ticket in court they will be assessed additional fines up to $2500!
Let’s see, I can pay my $150 bogus ticket or I can challenge it in court and be on the hook for ten times, or more, than the cost of the original ticket. What’s the wisest thing to do? That would be a rhetorical question.

5) Under the guise of classifying traffic tickets as civil violations, state and local units of government strip defendants of the right to discovery, jury trials, public defenders and the requirement that guilt be proven beyond a reasonable doubt.
The testimony of police officers is openly given more credibility than that of defendants, supposedly because they have no direct or financial interest in the outcome—other than bonuses, retirement benefits, preferential work schedules, promotions, and income-pumping overtime; all rewards for being a “producer.”

The catch-22 is that to challenge this cascade of lost due process rights takes us right back to the same court system that is bent on protecting its prerogatives and its cash flow, along with reducing its work load. Here’s an idea; lets eliminate all the arbitrary, irrational, pre-emptive, and just plain stupid traffic laws seemingly intended to make every driver in America a criminal. That will kill the cash flow, but it will also cut back on the courts’ work load. The trade-off is less money, but more time on the golf course. That can’t be too bad a deal.

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