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OVI Checkpoint Tonight in Springfield

May 17th, 2013

sobriety checkpoint aheadThere will be an OVI checkpoint in Clark County tonight!  The checkpoint will take place at St. Rt. 40 & St. Rt. 68 and will begin at 8 p.m.  The checkpoint will be accompanied by aggressive saturation patrols and a crackdown on seatbelt laws as part of the Click It or Ticket campaign.

If you want to receive updated information on OVI checkpoints,  enhanced traffic enforcement, saturation patrols and other important developments that affect you, sign up for text alerts on the main page of this blog.  Text alerts will be sent directly to your mobile device/smartphone in the location you choose in the Miami Valley.  In the past month we have alerted our followers to the State Route 35 traffic initiative and three local sobriety checkpoints.  You should also know that we respect your trust and we will never send you irrelevant information and/or advertisements.  This service is free and available to the general public.

You can also put DaytonDUI on your Android Smart phone via the DaytonDUI app.  The app helps you know your rights and know yourself by providing a drink tally so that you do not overindulge.  You can send safe drinking tips to friends or use the app to find the nearest taxi for a safe trip home.  The app brings you the best of DaytonDUI’s video and audio content and gives you a chance to take pictures and record memories so that you can aid in your own defense.  Our sincere desire is to make our roads a safer place.

Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (1-888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  Immediate help is available by filling out this CONTACT form.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter at www.Twitter.com/DaytonDUI or Get Twitter updates via SMS by texting follow DaytonDUI to 40404. DaytonDUI is also available on Facebook and you can access updates by becoming a fan of Dayton DUI/OVI Defense.  You can also email Charles Rowland at: CharlesRowland@CharlesRowland.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

 

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Posted in DUI Checkpoints

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Will Ohio Lower The Legal Limit for OVI?

May 15th, 2013

Visit NBCNews.com for breaking news, world news, and news about the economy

As this site has been warning, MADD and friends at the NTSB have been pushing to lower the legal blood alcohol concentration from .08% to .05%.  Today, the National Transportation Safety Board voted to recommend to states that they lower the blood-alcohol content that constitutes drunken driving.  Currently, all 50 states have set a BAC level of .08, reflecting the percentage of alcohol, by volume, in the blood. If a driver is found to have a BAC level of .08 or above, he or she is subject to arrest and prosecution.

The NTSB is an investigative agency that advocates on behalf of safety issues.  It has no legal authority to order any change to state or federal law. It would be up to individual states whether to accept the NTSB’s recommendation, and up to the Department of Transportation whether to endorse the recommendations. States are effectively forced to comply with the Department of Transportations guidelines to qualify for federal highway funds.  If the DOT acts forcefully, we may see the new legal limit within a few years.  Following this push, the neo-prohibitionists at MADD and their friends in the government will push for a .02% BAC standard.  They will not be satisfied until prohibition is the law of the land.

It will not be a defense that you are not affected by alcohol, much less impaired if the new standards are adopted.  All the prosecution will have to show is that the breathalyzer machine said you were over a .05% BAC and you will be convicted.  What makes matters much worse in Ohio, is that under a 1984 Ohio Supreme Court decision in State v. Vega your attorney will not be permitted to challenge the workings of the machine in court.  You read that right… In Ohio if the machine says you failed your attorney cannot argue to a jury that the machine was wrong.

The last move from .10 to .08 BAC levels took 21 years for each state to implement and Ohio was one of the last states to comply with the federal mandate.  We will keep you informed of this issue and provide updates as they become available.

Ohio DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver.  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-hourshelp 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 to40404. 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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Posted in Breath Testing, DUI Case Law

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Bellefontaine OVI Checkpoint (May 11, 2013)

May 11th, 2013

sobriety checkpoint aheadThe Ohio State Highway Patrol, in conjunction with the Logan County Sheriff’s Office and the Bellefontaine Police Department announced a sobriety checkpoint will be held from 11 p.m. Saturday to 1 a.m. Sunday on South Main Street in Bellefontaine. The checkpoint will also be held in conjunction with nearby saturation patrols.

If you want to receive updated information on OVI checkpoints,  enhanced traffic enforcement, saturation patrols and other important developments that affect you, sign up for text alerts on the main page of this blog.  Text alerts will be sent directly to your mobile device/smartphone in the location you choose in the Miami Valley.  In the past month we have alerted our followers to the State Route 35 traffic initiative and three local sobriety checkpoints.  You should also know that we respect your trust and we will never send you irrelevant information and/or advertisements.  This service is free and available to the general public.

You can also put DaytonDUI on your Android Smart phone via the DaytonDUI app.  The app helps you know your rights and know yourself by providing a drink tally so that you do not overindulge.  You can send safe drinking tips to friends or use the app to find the nearest taxi for a safe trip home.  The app brings you the best of DaytonDUI’s video and audio content and gives you a chance to take pictures and record memories so that you can aid in your own defense.  Our sincere desire is to make our roads a safer place.

Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (1-888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  Immediate help is available by filling out this CONTACT form.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter at www.Twitter.com/DaytonDUI or Get Twitter updates via SMS by texting follow DaytonDUI to 40404. DaytonDUI is also available on Facebook and you can access updates by becoming a fan of Dayton DUI/OVI Defense.  You can also email Charles Rowland at: CharlesRowland@CharlesRowland.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

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Posted in Ohio DUI Defense

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Blood Contamination & Candida Albicans (by DaytonDUI)

May 10th, 2013

Feeling Faint

If a blood sample is not properly preserved it can decompose.  One of the results of decomposition is the creation of alcohol.  According to Lawrence Taylor in his seminal Drunk Driving Defense, 6th Ed., pp. 561, “Ethyl alcohol is generated by fermentation of carbohydrates and proteins in the blood sample.  This occurs through the actions of various microorganisms.  The simplest and one of the most common processes is the breakdown of enzymes by one of various species of the yeast Candida, such as Candida albicans.”  The results of the fermentation in the blood vial is dramatic.  For example, a blood sample which contains no alcohol can decompose and cause a reading of .25 percent or even higher, depending on the stage of decay. (See Taylor, Id. at 561).

Proper handling of the blood sample requires the refrigeration of the blood sample.  The problem is that refrigeration can only slow down the decomposition process not end it completely.  Another protective measure is the addition of a preservative, such as sodium fluoride.  Scientific studies (as cited in Taylor, Id. at 563) suggest that sodium fluoride can be ineffective in preventing alcohol production by Candida albicans.  Counsel should also be aware of common human errors which can occur following collection of the blood sample.  It is not at all uncommon for the blood to be collected and the vial not inverted to allow the mixing of the preservative and the sample.  Make sure that your DUI defense attorney is aware of these problems which may prevent the introduction of your blood test, or provide you with a viable defense in your case.

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”

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Posted in Blood & Urine Tests

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Pay On-Line At The Fairborn Municipal Court

May 9th, 2013

Did you know that you can pay your fines on-line at the Fairborn Municipal Court?

fairborn muni 2

Listed below is information taken from the Fairborn Municipal Court website regarding on-line payments.  If you have any questions about this process, or you find yourself facing an OVI charge in the Fairborn Municipal Court, please contact Charles M. Rowland II at (937) 318-1384 or 1-888-769-5263 [888-ROWLAND].

Payment of Citation Without Court Appearance (Waivers)

Ohio law allows certain traffic citations to be resolved by a Traffic Violations Bureau instead of appearing in Court. If your citation qualifies, payment can be made either in person, by mail, or now online, as long as it is received by the Clerk’s office prior to the Court date and time which can be found on the bottom of your citation or by accessing the record search information. You must pay the full amount, NO partial payment can be accepted. Court records are updated every 24 hours, so if you forgot or missed your court date, you should check the status after that time. You may still qualify to pay. If you do not qualify for payment, you MUST appear in person at the Clerk’s office as a warrant has already been issued for your arrest and/or notification to the Bureau of Motor Vehicles of a license forfeiture and/or block along with additional fees.

Multiple Violations on Citation(s)

The result of your search will display all cases relevant to that search. Tickets can contain up to seven (7) separate charges. If you are paying to waive a court appearance, make sure you are paying all the charges. Multiple cases per ticket are listed with letters after the case number (ex. TRD10000001A, TRD1000001B, TRD1000001C, etc.).

Proof of Insurance

Proof of insurance is a State of Ohio requirement. To verify that you showed proof of insurance to the Officer at the time of the offense, click the case number(s) on the list of case numbers matching your search criteria to see detailed information for the case. If you showed proof of insurance at the time of the offense (indicated as “Proof of Ins.?: Shown”), then you have complied with the State of Ohio requirements, no further action on your behalf is required. If you did not show proof of insurance at the time of the offense (indicated as “Proof of Ins.?: Not Shown”), the Court is required to notify the State of Ohio Bureau of Motor Vehicles who in turn will mail you a request for proof of insurance. Failure to comply will result in a suspension of your driving privileges. DO NOT SEND PROOF OF INSURANCE TO THE COURT AFTER PAYMENT.

Citations That Do Not Qualify

If a citation includes any mandatory offense, it is NOT payable online and a Court appearance is required. What follows is a list of offenses that cannot be paid online requiring a Court appearance:

  • Any felony or indictable offense
  • Operating a motor vehicle under the influence of alcohol or drugs of abuse, or permitting another to do so
  • Leaving the scene of an accident
  • Driving under suspension or without a license except for expired license of less than six (6) months
  • Third moving violation within 12 months
  • Eluding/fleeing a police officer
  • Drag racing
  • Physical control
  • Illegal license plates
  • Any speed clocked at 100 MPH or more
  • Passing a school bus
  • Some railroad crossing violations
  • Reckless operation of a motor vehicle
  • Overload violations 

Payment of Citation After Court Appearance

Payment of Fines/Costs are also accepted by the Clerk’s Office as long as it is received prior to your scheduled court date. If you missed the date, you MUSTappear in person at the Clerk’s Office as a warrant may have been issued for your arrest and/or notification to the Bureau of Motor Vehicles of a license forfeiture and/or block along with additional fees.

Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (1-888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  Immediate help is available by filling out the CONTACT form on any of these pages.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter at www.Twitter.com/DaytonDUI or Get Twitterupdates via SMS by texting follow DaytonDUI to 40404. DaytonDUI is also available on Facebook and you can access updates by becoming a fan of Dayton DUI/OVI Defense.  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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Posted in Beavercreek DUI, Fairborn DUI, Greene County

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