Tag: YouTube

DUI on the Water and the Return of Boating Season

00DUI & Boating, Physical Control, Reckless OperationTags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Slalom skier

With the return of the summer boating season, many people will soon be enjoying Ohio’s beautiful lakes and rivers.  This is a reminder that Ohio is cracking down on captains who indulge in alcohol while on the water.  Boating Under the Influence is illegal in Ohio. 2001 Sub. S.B. 123, eff. 1-1-04 sought to unify the drunk driving provisions with Ohio’s boating laws.   O.R.C. 1547.11(A)(1)  to O.R.C. 1547.11(A)(6) prohibit a person from operating or being in physical control of a vessel underway or manipulating water skis, aquaplanes, or similar devices while under the influence of alcohol or drugs.

O.R.C. 1547.11(A)(1) is the impairment provision of the law, preventing operation or physical control while under the influence.  The law also has a provision preventing operation with a prohibited level of alcohol which it sets at the same prohibited level (.08) as the DUI/OVI law Unlike the DUI/OVI law, there are no high-tier provisions which apply to boating. A third section of the law prohibits operation or physical control with a concentration of certain controlled substances (marijuana, cocaine, amphetamine, et al.) or metabolites of the same.  This section of the law is identical to the DUI-drug provisions found in O.R.C. 4511.19(A)(1)(j).

Subsequent amendments to the law, 2007 Am. Sub. S.B. 17, eff. 9-30-08, allows for forced blood draws for persons with two or BUI offenses.  A BUI offense can be used to enhance a subsequent DUI/OVI  offense. O.R.C. 4511.181(A)(6)-(7).  Some important differences in Ohio’s BUI law, stem from the fact that Ohio does not require an operator’s license to operate a watercraft.  Therefore, no administrative license suspension provisions are in the law.  Instead, the chief of the Division of Watercraft gives written notice that you are prevented from operating or being in physical control of a watercraft (or from registering a watercraft) for one year from the date of the alleged violation.  Another key difference is that a fourth or subsequent BUI offense is not subject to felony enhancement.

Penalties for Boating Under the Influence offenses are set forth at O.R.C. 1547.99 and are similar to those provided for DUI/OVI offenses.  Boating Under the Influence is a first degree misdemeanor and is subject to a minimum 3-day jail sentence and a maximum 6 months in jail.  The 3-day jail sentence can be served in a qualified driver intervention program.  The minimum mandatory fine for a first BUI offense is $150.  A second offense within 6 years carries a mandatory 10 day jail sentence, but the minimum mandatory fine is still $150.  A third offense requires a minimum of 30 days in jail. NOTE: The Ohio legislature is constantly “tweaking” the Ohio DUI and BUI laws, so please check with an attorney as these laws may have changed.

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.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.

DUI Defense In “My Cousin Vinny”

00DUI Court ProcessTags: , , , , , , , , , , , , , , ,

dui defense attorney

DUI defense is never far from my mind.  I was reminded of this last weekend watching one of my favorite movies, “My Cousin Vinny.” In the movie a novice New York attorney (Joe Pesci) heads to the deep south to defend his cousin and his friend in a high-profile murder case.  He is met with a hostile judge and a pompous attorney who are hell bent on seeing the two kids put away for murder. Comedy ensues.

In the course of the trial the prosecutor call George Wilbur (James Rebhorn) as an expert for the State.  Vinny objects.

Vinny Gambini: I object to this witness being called at this time. We’ve been given no prior notice he’d testify. No discovery of any tests he’s conducted or reports he’s prepared. And as the court is aware, the defense is entitled to advance notice of any witness who will testify, particularly to those who will give scientific evidence, so that we can properly prepare for cross-examination, as well as to give the defense an opportunity to have the witness’s reports reviewed by a defense expert, who might then be in a position to contradict the veracity of his conclusions.

[there is a short pause as Judge Haller appears caught off-guard by Vinny’s sudden compentence with knowledge of the law]

Judge Chamberlain Haller: Mr. Gambini?

Vinny Gambini: Yes, sir?

Judge Chamberlain Haller: That is a lucid, intelligent, well thought-out objection.

Vinny Gambini: Thank you, Your Honor.

Judge Chamberlain Haller: [firm tone] Overruled.

The State’s witness is the special automotive instructor of forensic studies for the FBI, who testified that the tire marks left at the scene of the crime match the tires of the vehicle driven by Vinny’s clients.  He has all of the traditional indicia of credibility, an outstanding education and an authoritative command of the courtroom.  The only problem with his testimony is that he is DEAD WRONG!  In the movie the kids are saved by out of work hairdresser Mona Lisa Vito (Marisa Tomei) whose real world expertise proves that the car did not match the tire tracks left at the scene.

In DUI defense we are often faced with forensic experts who are clothed in the traditional indicia of credibility.  Defense attorneys also face a machine that the state of Ohio has exempted from scientific challenge. The only thing that our clients have going for them is us!

I take great pleasure in proving the machine and the State’s witnesses wrong.  It is said that DUI is the most frequently mis-charged crime in the United States.  When you can get a jury to see an error it is as dramatic as anything Hollywood can produce. It is a feeling that most attorneys, especially me, strive to have as much as humanly possible.  Maybe one day I will have the opportunity to deliver the opening statement that Vinny Gambini uses in the movie…

Vinny Gambini: [opening statements] Uh… everything that guy just said is bullshit… Thank you.

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 learn more about DUI defense check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgHuber HeightsOakwoodBeavercreekCenterville

 

Happy Father’s Day From All Of Us At DaytonDUI.com

00Holiday MessagesTags: , , , , , , , , , , , , , ,

Father's Day

Happy Father’s Day from all of us at DaytonDUI!

“Father! 
My father knows the proper way 
The nation should be run;
He tells us children every day
Just what should now be done.
He knows the way to fix the trusts,
He has a simple plan;
But if the furnace needs repairs,
We have to hire a man.
My father, in a day or two
Could land big thieves in jail;
There’s nothing that he cannot do,
He knows no word like “fail.”
“Our confidence” he would restore,
Of that there is no doubt;
But if there is a chair to mend,
We have to send it out.

All public questions that arise,
He settles on the spot;
He waits not till the tumult dies,
But grabs it while it’s hot.
In matters of finance he can
Tell Congress what to do;
But, O, he finds it hard to meet
His bills as they fall due.

It almost makes him sick to read
The things law-makers say;
Why, father’s just the man they need,
He never goes astray.
All wars he’d very quickly end,
As fast as I can write it;
But when a neighbor starts a fuss,
‘Tis mother has to fight it.

In conversation father can
Do many wondrous things;
He’s built upon a wiser plan
Than presidents or kings.
He knows the ins and outs of each
And every deep transaction;
We look to him for theories,
But look to ma for action” 
— Edgar Albert Guest

Happy Father’s Day from all of us at DaytonDUI.com.  We hope that all dad’s celebrate by doing something you enjoy.  When I asked my kids what I should put into this post to represent Father’s Day they said, “You, sitting in your chair”.

centerville dui

Centerville DUI – Centerville OVI

00Centerville DUITags: , , , , , , , , , , , , , , , ,

If you are arrested on suspicion of drunk driving in Centerville, your Centerville DUI will be heard in the Kettering Municipal Court.  Presiding over all Centerville misdemeanor DUI cases in the Kettering Municipal Court is the Honorable Fred Dressel and the Honorable James Long. Small claims are heard by Richard Boucher, attorney-at-law. The elected Clerk of Courts is Andrea White.  Here is some useful contact information:

Kettering Municipal Court
2325 Wilmington Pike
Kettering OH 45420
www.ketteringmunicipalcourt.org
(937) 296-2466
(937) 296-3284 (Fax)

Clerk of Courts
(937) 296-2461
(937) 534-7017 (Fax)

Open Monday-Friday 8:30-4:30PM

For a listing of important links about Centerville and the Miami Valley, please visit HERE.

Xenia OVI Attorney Charles M. Rowland II

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

xenia OVI attorneyXenia OVI Attorney Charles M. Rowland II has represented clients in the Xenia Municipal Court since 1995.  He limits his practice to OVI defense and stays on the cutting edge of OVI science and the tactics necessary to defend your case.  Contact Xenia OVI Attorney Charles M. Rowland II at (937) 318-1384 or 888-ROWLAND.  Here is some important information about the Xenia Municipal Court.

Xenia Municipal Court, and the honorable Michael Murry, has jurisdiction over OVI/DUI violations of any ordinance of any municipal corporation within its territory.  The Xenia Municipal Court has jurisdiction for the cities of Xenia and Bellbrook; the villages of Yellow SpringsCedarvilleJamestown, Spring Valley, and Bowersville; and the townships of Sugarcreek,Xenia, Cedarville, New Jasper, Silvercreek, Ceasarcreek, Miami, Jefferson, Ross, and Spring Valley. The Court’s jurisdiction also includes four college campuses: Central State University, Wilberforce University, Cedarville College, and Antioch College.  Law enforcement agencies located within the jurisdiction of the court include: Bellbrook Police Department; Cedarville Police Department; Central State University Police Department; Greene County Animal Control; Greene County Sheriff’s Office; Greene County Parks District; Jamestown Police Department; Ohio Department of Parks and Natural Resources; Ohio Department of Wildlife; Ohio State Highway Patrol; Spring Valley Police Department; Sugarcreek Township Police Department; Wilberforce University Police Department; Xenia Police Division; and Yellow Springs Police Department.

Location:
Xenia Municipal Court is located on the second floor of Xenia City Hall, 101 N. Detroit Street, Xenia, Ohio.  This building is located just to the south of the Greene County Courthouse in downtown Xenia.

Hours of Operation:
Hours are 7:30 a.m. until 4:30 p.m. on Mondays, Tuesdays & Wednesdays.  Hours are 7:30 a.m. until 4:00 p.m. on Thursdays and Fridays.

Contact Information:Phone:(937) 376-7290Fax: (937) 376-7288

Xenia OVI attorney Charles Rowland is proud to have served as the city prosecutor for the city early in his career.  He worked in downtown Xenia at the firm of Cox, Keller & Rowland for the first ten years of his practice.  The experience he brings to the table as your Xenia DUI attorney is invaluable.

Xenia OVI Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Xenia 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.”

 Xenia OVI Attorney information and other city-specific info at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville