Tag: xenia attorney

The New Look Xenia Municipal Court?

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xenia municipal courtGround will break on the new City Hall and Administrative offices on June 3rd, but the Xenia Municipal Court will not be moving. The new 24,000 square foot administration building will house most of the city’s administrative offices and will allow the Xenia Police Division to expand its operation out of the basement in the current Xenia City Hall building.

The Xenia Municipal Court will not be moving, but the facilities will be renovated and the court will have access to more of its current building.  Attorneys and staff are hoping for another courtroom, expanded court clerk areas and additional improvements.  And while the new building will be completed in the summer of 2016, it is unclear when the proposed improvements to the Xenia Municipal Court will take place.

Another question will be the name of the current "City Hall" building.  As a former Xenia City Prosecutor, and current Xenia OVI attorney, I'm hoping that they change it to the "Hall of Justice."

Note: Charles M. Rowland II served as the Xenia City Prosecutor and has served as a "Special" prosecuting attorney for the Xenia Municipal Court visit www.XeniaDUI.com or www.XeniaOVI.com for additional service.

Your Xenia OVI Attorney – Charles M. Rowland II

00Bellbrook DUI, Xenia DUI AttorneyTags: , , , , , , , , , , , ,

xenia ovi attorneyCharles M. Rowland II would like to be your Xenia OVI attorney.

Charles M. Rowland II maintains an established DUI/OVI practice, representing the accused drunk driver in the Xenia Municipal Court and throughout Ohio.  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.  As a Xenia OVI attorney, Charles M. Rowland II maintained an office in the Greene County seat for over 10 years.

Charles served as the Xenia City Prosecutor and has served as a “Special Prosecutor” on high-profile felony cases.  Charles is a proud member of the National College for DUI defense and in 2006 attended the intensive seminar on DUI law at Harvard University.  National Patent Analytical Systems has certified Charles Rowland in the operation, diagnostic verification and calibration of the BAC DataMaster Breath Alcohol Testing Instrument. Charles has been qualified by the United States government as an expert witness on evidential breath testing and has testified in court martial proceedings.

In 2007, Charles Rowland was the first private attorney in the State of Ohio certificated on the Intoxilyzer 8000 breath testing machine.  In 2009 and 2012, Charles Rowland attended the National College for DUI Defense Annual Scientific Evidence Seminar where he received training on the Intoxilyzer 5000 and further training on the Intoxilyzer 8000.  Charles M. Rowland II was the first attorney in the United States to earn a certificate in Forensic Sobriety Assessment. FSA certification requires proficiency in the scientific principles and research relating to sobriety testing in a DUI/OVI stop.  It subsumes the NHTSA training (knowledge of the NHTSA manual is required) and greatly extends it.

In 2010, Charles M. Rowland II attended the most current NHTSA training wherein he was trained to administer and evaluate the standardized field sobriety tests . This is the same NHTSA/SFST training course that law enforcement officers are trained in nationwide and testify to in court.  Charles is a frequent speaker and a prolific writer on all matters related to DUI defense.  In 2011, Charles spoke to the Dayton Bar Association on evidential breath testing and in 2012 Charles was honored to be one of only two DUI defense attorneys chosen to speak to Ohio’s prosecuting attorneys at the Ohio Municipal Law Institute.

He continues to provide help to the Greene County Career Center Police Academy by conducting cross-examination/courtroom training for new officers as part of their ADAP/NHTSA training.  He has been chosen as AVVO’s “Client’s Choice” for DUI defense (2012) and as as a Dayton SuperLawyer (2013).  He was featured in both Time Magazine and Car & Driver Magazine as a TOP DUI ATTORNEY in 2013.  In 2014, Charles attended and completed training in the Drug Recognition Expert Protocol giving him an understanding of how to best defend a drugged driving case.

Charles M. Rowland II dedicates his practice to defending the accused drunk driver.

The Xenia DUI law firm of Babb & Rowland, LLC and Xenia OVI Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Xenia Municipal Court and throughout Ohio.  He has the credentials and the experience to win your case and has made himself Xenia’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.”

 Visit our Xenia OVI Attorney site or get city-specific DUI information at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville 

Xenia OVI Attorney Charles M. Rowland II

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Xenia OVI attorney Charles M. Rowland II can help you win your case in the Xenia Municipal Court.  He has been practicing in the court since 1995 and has worked hard to make himself Xenia's choice for OVI defense.

He has created www.XeniaDUI.com and www.XeniaOVI.com to provide detailed information about the court, public access to your case, bond schedules, and other important information about your case.  If you find yourself in need of a qualified and experienced attorney, for a case arising in Xenia, Bellbrook, Spring Valley, Cedarville or Xenia Township, please contact Charles M. Rowland II

xenia ovi

Xenia 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  Xenia’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 us 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 us 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 Xenia OVI attorney Info and other city-specific info at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXenia, Miamisburg,Springboro,Huber HeightsOakwoodBeavercreekCenterville

Keywords: Xenia OVI

Top Ten Rules for Partying in Ohio

00DUI & College, DUI Under 21/Juvenile, Ohio Criminal Law, Physical ControlTags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

In light of the arrest made following the University of Dayton's victory, we offer college students these rules for partying (legally) in Ohio.

Rule #1: Don't Drink and Drive

Ohio has some of the most stringent drunk driving laws in the county.  A first-time offender faces 180 days in jail and a one thousand seventy-five dollar fine, loss of their driver's license for up to three years and enhanced penalties upon subsequent convictions.  A DUI (called an OVI in Ohio) is not subject to expungement, meaning it will be on your record forever, and subjects an offender to a six (6) year look-back period for enhancements and up to twenty (20) years for enhanced punishments for refusing an officer's request to provide a breath, blood or urine sample.  In addition to the penalties you will face in court, you may face suspension from your school or other discipline. (Ohio Revised Code 4511.19)

Rule #2: Don't Drink If You Are Under 21

It is illegal in Ohio for anyone under 21 to purchase, possess or consume an alcoholic beverage.  A conviction of Underage Consumption is a first degree misdemeanor and carries a maximum fine of $1,000.00 and/or up to six months in jail.  Despite efforts to lower the drinking age, the law remains rigidly enforced.  Athletes, students on scholarship and students who live in on-campus housing may face additional harsh penalties for underage drinking and be particularly vulnerable to the penalties that are sure to follow an arrest.  Ohio Revised Code Section 4301.69 contains most of the information concerning underage alcohol possession and use. Penalties are in Ohio Revised Code Section 4301.99.

Rule #3: Don't Furnish Alcohol to Minors

Furnishing someone under 21 with alcohol is a first degree misdemeanor.  If you are providing the alcohol, make sure you know where it is going.  You may be responsible if an underage person consumes the alcohol and face harsh punishments.  Ohio regularly receives funding for programs aimed at curbing underage drinking and uses these funds to go after people providing the booze.  The bigger your party the more likely it is to draw attention from law enforcement.

Rule #4: Don't Use a Fake ID

Just possessing  a fake ID is illegal in Ohio and is classified as a first degree misdemeanor.  Using the fake ID to purchase alcohol is punished by a mandatory $250.00 fine and may result in a 3 year driver's license suspension.  A popular enforcement method is for police officers to serve as vendors in drive-through establishments:  "COPS IN SHOPS"

Rule #5: Don't Drink Where You Shouldn't

Ohio has an open container law.  It is a minor misdemeanor to possess in public an open container of an alcoholic beverage.  You are subject to a fine of up to $150.00 (a minor misdemeanor).  Possession of alcohol while in a car bumps the charge up to a fourth degree misdemeanor and subjects the offender to 30 days in jail. 4301.62 Opened container of beer or intoxicating liquor prohibited at certain premises.

Rule #6: Don't Be Drunk In or Near a Car

Pursuant to Ohio Revised Code 4511.194 (effective Jan. 1, 2005), it is illegal to be in physical control of a vehicle while under the influence. “Physical Control” is defined as being in the driver’s seat of a car and having possession of the vehicle’s keys.  Physical Control does not require that the vehicle have ever been driven or even started.  Under the statute, having the keys within reach will satisfy the definition of having “physical control.”   The crime is one of potentiality, (i.e. you are so close to driving that we will punish you) and speaks to the growing neo-prohibitionist tendencies in Ohio law.

Rule #7:  Don't Be Disorderly

Disorderly conduct can occur from simply being intoxicated in public.  Officers are given a great deal of discretion in determining what constitutes disorderly behavior.  Disorderly conduct occurs when one recklessly causes inconvenience, annoyance or alarm to another due to offensive conduct. Disorderly conduct also occurs when one makes unreasonable noise in such a manner as to violate the peace and quiet of the neighborhood or to be detrimental to the life and health of any individual.  While normally a minor misdemeanor ($150.00 fine) a disorderly conduct can be enhanced to a fourth degree misdemeanor (30 days jail/$250 fine) if an officer tells you to stop the behavior and you persist. See O.R.C. 2917.11 Disorderly Conduct.

Rule #8: Don't burn stuff

Intentionally setting fire to property that might endanger other or their property, in fact damages the property of another and/or preventing police, fire or EMS personnel from doing their job is a violation of O.R.C. 2909.01 to 2909.0.  Students at public universities in Ohio who are found guilty of these crimes will lose all state-funded financial aid for two years.

Rule #9: Disperse When Instructed

Failure to disperse is also a crime in Ohio.  You should begin walking away and/or go indoors upon such an order. You must obey all lawful orders given by such persons at an emergency site.  A recent revision in the law makes a failure to disperse in situations such as campus area riots an offense for which you can be arrested and jailed. If you actively hamper police officers, firefighters, emergency medical personnel, and other public officials while they are doing their jobs you subject yourself to the charge of Misconduct During An Emergency.

Rule #10 Don't Riot

The party is getting out of control.  If more than five people are engaging in disorderly behavior the party may be deemed a riot under Ohio law.  Your participation in a riot may subject you to criminal penalties. If there is violence involved the rioting gets bumped up to aggravated rioting.  Aggravated rioting is a felony level offense.  Those found guilty of rioting and aggravated rioting must be dismissed from their university and are not permitted to enroll in any state-supported institution of higher education for one year.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Huber Heights, Beavercreek, 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, www.facebook.com/daytondui and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.comor write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

Prior Convictions Used To Enhance An OVI

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English: Main section of prisoners' call block...

It is not uncommon for a client to choose my representation on a second, third, or fourth OVI offense.  One of the first things we check is whether or not the client was represented by an attorney in the previous convictions.  We also check to see if the prior plea had a valid waiver of counsel.  Both of these issues were addressed by the Ohio Supreme Court in State v. Brooke, 113 Ohio St. 3d 199, 2007-Ohio-1533, 863 N.E. 2d 1024 (2007), wherein the Court stated:

Generally, a past conviction cannot be attacked in a subsequent case.  However, there is a limited right to collaterally attack a conviction when the state proposes to use the past conviction to enhance the penalty of a later criminal offense.  A conviction obtained against the defendant who is without counsel, or its corollary, an uncounseled conviction obtained without a valid waiver of the right to counsel, has been recognized as constitutionally infirm.

The case law following State v. Brooke has led to many cases which result in client's not having a subsequent OVI enhanced.  This area of law is fact dependent and your attorney should make a thorough review of the law in your court and appellate district when pursuing this line of collateral attack.  The Ohio Supreme Court has set forth precedent that it is the defendant's responsibility and burden to make a prima facie showing of a defect in the prior plea.  Upon this prima facie showing, the burden shifts to the state to rebut the evidence by showing that the plea did, in fact, contain a valid waiver of counsel.  See State v. Thompson, 2007-Ohio-6098 (Ohio Ct. App. 5th Dist. Fairfield County 2007). 

In 2007, the Ohio Legislature passed 2007 Am. Sub. S.B. 17 which added 2945.75(B)(3).  The purpose of this law was to overrule the law set forth in State v. Brooke which required the defendant to raise a prima facie showing and instead, place on the defendant the burden of proving by a preponderance of the evidence that the prior plea was infirm.  As Judge Weiler points out in Ohio Driving Under The Influence Law, 2011-2012 ed., pp. 402, "It will undoubtedly be challenged in the future as a violation of procedural due process. But, it will be some time before the matter reaches the appellate level and even longer before it is reviewed by the Ohio Supreme Court."

Dayton DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in FairbornSpringfieldKetteringVandaliaXeniaMiamisburgHuber 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.