Tag Archives: ovi

OVI attorney Charles Rowland represents the accused drunk driver in Ohio.

How To Properly Evaluate A Plea Offer

We have all seen this scenario: An attorney triumphantly bounds out of a prosecutor's office and announced that he or she just got the best plea offer ever!  But is it? When evaluating a plea offer keep in mind the "Cleanest Pig In The Pen Fallacy."   As attorneys, often justify our actions, our plea…
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College Students and Binge Drinking

While there is not a consensus definition of what "binge drinking" is, we know that college students do a lot of it and they do it with beer.  When a person consumes heavily with the intention of achieving intoxication above .08% BAC, they are 74.4 percent of the time doing it with beer. (Nami, et…
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Fairborn Municipal Court Jury Trial Status

The Fairborn Municipal Court website allows you to check the status of their jury trials on-line [HERE]. This means that instead of showing up at the court unnecessarily, you can check on-line.  The site also gives you a telephone number (937) 754-3040, which provides updated information on whether or not a jury trial will go…
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St. Patrick’s Day DUI Blitz

It's here... OVI checkpoint season has begun in Ohio.  The following counties have announced increased grant-funded (saturation) patrols starting Friday, March 13th: Miami County, Montgomery County, Greene County, Warren County. Montgomery County will hold two sobriety checkpoints and we will bring you the locations as soon as we get the word. Middletown OVI checkpoint: The…
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DUI Attorney Ethics Rule 1.1 – Competence

The first ethical rule for a DUI attorney is set forth at the American Bar Association - Model Rules of Professional Conduct, Rule 1.1. This is the rule regarding competence.  It states, "A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the…
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What is Snow Law in Ohio?

Let it snow! With the return of winter weather, we have received some questions about what constitutes an emergency and under what authority an emergency can be deemed to exist.  We have also counseled clients who wanted to know what law would circumscribe their behavior during a significant weather event.  Here is what we learned: A…
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Top 10 Defenses to an Ohio OVI

When people need an Ohio OVI Attorney, the biggest challenge is knowing whether or not an attorney truly has the skills, knowledge, training, tools, resources, and strategies that are needed to successfully resolve and win drunk driving cases. Countless attorneys handle impaired driving cases,  but only a very small percentage have the skills, knowledge, training,…
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A Physical Control Conviction Is Not A Prior Offense

A physical control conviction does not count as a "prior offense" for purposes of enhancement.  This principle is spelled out in case law and in statute.  R.C. 4511.181 sets forth the offenses that count as prior convictions.  It does not list a violation of physical control (R.C. 4511.194) as a predicate offense.  It does not…
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Changes To The 2013 NHTSA Standardized Field Sobriety Test Manual

There is a new NHTSA Standardized Field Sobriety Test training manual and it is significantly changed from prior versions.  Included is the new focus of law enforcement on impairing drugs.  The new information lays the groundwork for full implementation of the Drug Recognition Expert protocol now making its way into Ohio law.  This article will…
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Christmas Party DUI Arrest? We Can Help!

SUMMARY:  Nobody plans on a Christmas Party DUI Arrest, but police  are out in force during the Christmas Holiday Season.  If you plan to drink and drive, prepare yourself ahead of time in these three ways:  Protect Yourself, Educate Yourself and Empower Yourself with knowledge.  See details below. 'Tis the season for Christmas parties and Christmas party…
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