The Gas Chamber

Characteristics of DUI recidivists: A 12-year follow-up study of first time DUI offenders.

Cavaiola AA, Strohmetz DB, Abreo SD. Addict ...   more »

LOS ANGELES - Mothers Against Drunk Driving said Wednesday that allegations of illegal underage drinking had led it to sever ties with 18-year-old Katie Blair, the reigning Miss Teen USA.  MADD said it was "disappointed" by news reports of hard partying by Blair and Miss USA Tara Conner, who on Tuesday tearfully admitted drinking at New York nightclubs as a minor. Conner turned 21 on Monday.

"In the past, MADD has teamed with Miss Teen USA to raise awareness about the serious and often deadly consequences of underage drinking. However, we do not feel, at this time, that Ms. Blair can be an effective spokesperson on underage drinking and will not ask her to represent MADD in future initiatives," Heidi Castle, a spokeswoman for MADD, said in a statement.

The Ohio Supreme Court, in State v. Earlenbaugh(1985), 18 Ohio St.3d 19, 21-22, stated, "we believe that the statute simply provides two definite and clear bases upon which a finding of guilt may be premised. A person may be found guilty of violating R.C. 4511.20 if he acts willfully. Such conduct implies an act done intentionally, designedly, knowingly, or purposely, without justifiable excuse. Black's Law Dictionary (5^th  Ed.1979) 1434. Or conversely, R.C. 4511.20 is violated when a person acts wantonly in disregard of the safety of others. A wanton act is an act done in reckless disregard of the rights of others which evinces a reckless indifference of the consequences to the life, limb, health, reputation, or property of others. (Citations omitted.)"

-When I was younger I did not take many vacations.  Now that my kids are getting older I promised to go on at least one a year.  This year we went to Walt Disney World.  After a week with the mouse we are glad to be back.  I am anxious to attack the annual injustices such as road blocks, DUI targeting, profiling...etc.  If you find yourself charged with a -DUI this holiday season, please contact attorney Charles M. Rowland II at 937-879-9542.

Improper police coercion to submit to chemical testing can lead to suppression of test results.  If implied consent provisions are not applicable—e.g., the suspect was driving on
property not used for vehicular traffic or was never arrested—but the suspect is erroneously advised that refusal of the test will lead to an administrative license suspension, the consent isn’t voluntary, and the result should be suppressed. State v. Gottfried, 86 Ohio App. 3d 106, 619 N.E.2d 1185 (Ohio Ct. App. 6th Dist. Ottawa County 1993).  At least one court has held that a suspect is improperly coerced into submitting to a test by the threat of incarceration. State v. Ewers, 1992 WL 235721 (Ohio Ct. App. 2nd Dist Clark County 1992).

Today, Charles M. Rowland II attended a 6 hour DUI seminar in Cincinnati describing the latest techniques in representing the accused drunk driver.  If you are in need of competent DUI counsel, pleae contact Charles M. Rowland II at 937-879-8542,

 

 

A person recently called our office asking if you can be convicted of DUI on a bicycle.  R.C. 4511.01(A) - Defines "vehicles" to include "bicycles." All "vehicle operators" are restricted by every Ohio traffic law including speeding, drunk driving, traffic control device rules, reckless operation, etc.  R.C. 4511.52 specifically makes all traffic laws applicable to bicycles whenever a bike is operated on any road or "any path set aside for the exclusive use of bicycles." Based on this statute biking drunk on any of the many scenic paths in the Miami Vally may lead to a DUI (kna OVI) conviction.

If you think this is a rare occurrence, visit your local municipal court. Last week I heard of two such charges, one in Xenia and another in Mason.  Please consult with a good DUI/OVI attorney because the penalties for these offenses are just as harsh as automobile offenses.

 

Here is the answer to a recently asked question about the current Bowl Championship Series and traditional conference tie-ins:

Unless their champion is involved in the BCS National Championship game, the conference tie-ins are as follows:

• Rose Bowl - Big Ten vs. Pac-10.
• Fiesta Bowl - Big 12.
• Orange Bowl - ACC.
• Sugar Bowl - SEC.

The Big East Champions are in the pool with four at-large teams.  As Boise State (this year) and Utah demonstrate, the mid-major conferences can get into a BCS game.

If you are placed under arrest you will be afforded the opportunity to make bond. In a D.U.I. case the bond is usually low enough that most people will only have to spend one night in jail. If, however, you are unable to make bail you will remain in jail until your first scheduled court appearance. The first court appearance is called an arraignment. The arraignment has its roots in our Constitution's abhorrence for the practice of English authorities who would throw someone in jail and not inform them of the charge against them. Within a short period of time you will be brought before the Municipal Court judge and you will be asked to enter a plea of guilty, not guilty or no contest. It is vital that you not enter a plea of guilty or no contest unless you have spoken to an attorney. Do not give up your rights on the hope that you will be released from jail or because you feel embarrassed and humiliated.

WASHINGTON (November 20, 2006) – In a bold new effort designed to eradicate one of the nation’s deadliest crimes, Mothers ...   more »

Ninety percent of our lawyers serve ten percent of our people.  We are over-lawyered and under-represented.

former President Jimmy Carter