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Monday, June 26
by
Charles Rowland
on Mon 26 Jun 2006 05:24 PM EDT
Today the decision in Bowling Green v. Lynn (2006), 165 Ohio App.3d 825, 2006-Ohio-1401 (Sixth District) was announced. The case ... more »
by
Charles Rowland
on Mon 26 Jun 2006 01:37 PM EDT
Highway Patrol Announces Summer Focus On Problem Roadways
by
Charles Rowland
on Mon 26 Jun 2006 12:15 PM EDT
The following article, from the online version of the Dayton Daily News, shows how area courts are using technology to keep tabs on probationers. If you find yourself facing a DUI (now known as OVI), keep in mind that a probation violation for alcohol consumption often results in jail time.Ankle bracelet keeps tabs on drinkersBy Nancy Bowman Staff Writer, Dayton Daily News Troy — Two Miami Valley courts have a new way to monitor offenders whose freedom requires them to refrain from drinking — and it could make them sweat. If the offender — most often charged with drunken driving or domestic violence with alcohol involved — falls off the wagon, a probation officer will know, thanks to the Secure Continuous Remove Alcohol Monitor, or SCRAM. Miami County is the first in the region to buy the bracelets that analyze the wearer's perspiration to determine blood-alcohol concentration. The bracelets, which weigh 8 ounces and cost $1,600 each, are placed on the offender's leg and worn around the clock. The bracelets can measure perspiration as frequently as every 30 minutes. The results can be viewed online by authorized probation officers. Judge Mel Kemmer of Miami County Municipal Court said each case is examined, looking at the person's employment history and number and seriousness of alcohol-related offenses to determine if the offender might be a SCRAM candidate. The offender serves some jail time before being released on SCRAM, with the balance of the jail time hanging over his head if he messes up. "It gives people an opportunity to prove to me and to themselves, more importantly, that they can be a responsible person," Kemmer said. Offenders are charged a $100 hook-up fee plus $10 daily. Tony Blakley, chief probation officer at Miami County Municipal Court, and Jeff Parsons, probation officer, said the county's 10 bracelets have been in use about two months with no problems. Blakley said the units can be worn in the shower, but should not be immersed in water. Montgomery and Warren counties are not using the bracelets. Greene County Common Pleas Court has been leasing six SCRAM bracelets from a Cleveland company for a year. Offenders are charged similar fees. "In probation, alcohol detection is difficult because it leaves the system so quickly. I am very pleased with this technology," said Bryan Lynch, county prison diversion program director. He wore a bracelet for 10 days after an offender claimed a magnet set off the detector. He found that standing near the magnet didn't set off the bracelet, but consuming alcohol did.
by
Charles Rowland
on Mon 26 Jun 2006 11:23 AM EDT
FAA Issues Final Ruling On Alcohol, Drug Use(from www.aeronews.net) Fri, 23 Jun '06 If You Use... You WILL Pay With Your TicketIt's now a matter of law. The FAA Thursday issued a long-awaited final ruling on alcohol and drug abuse, under which a pilot who either refuses a drug or alcohol test at the airport, or is found with a blood-alcohol content of more than .04-percent, will lose his medical certificate. The same rules would apply to air traffic controllers, as well. The rule also standardizes the deadline for reporting positive tests or refusals. The changes go into effect July 21, 2006. The new rules were met with opposition from the Air Line Pilots Association. ALPA says one positive test does not an alcohol or drug addict make. The FAA states that before regaining medical certification for flight, a pilot whose been revoked for drug or alcohol abuse must enter rehabilitation and must demonstrate the ability to meet the standards set out in FAR Part 67. Furthermore, a blood-alcohol level of more than .04-percent must be reported to the FAA within two days. The new rules don't change the penalties for pilots who are arrested for DUI or DWI. Even if it's unrelated to air travel, an arrest for driving under the influence or driving while impaired can still cost a pilot his ticket. Friday, June 23
by
Charles Rowland
on Fri 23 Jun 2006 07:39 PM EDT
WARNING TO MEN:
Police warn all clubbers, partygoers and unsuspecting pub regulars to be alert and stay cautious when offered ... more »
by
Charles Rowland
on Fri 23 Jun 2006 06:30 PM EDT
Here's what not to say when a cop asks "do you know why I pulled you over?" The attached wav. file is a quote from the movie Liar Liar! "Here goes... I sped, I followed too closely, I ran a stop sign, I almost hit a Chevy, I sped some more, I failed to yield at a crosswalk, I changed lanes in the intersection, I changed lanes without signalling, while running a red light and speeding." Thursday, June 22
by
Charles Rowland
on Thu 22 Jun 2006 07:00 AM EDT
If you have ever bought a lemon automobile or hired an incompetent builder/remodeler you know how quickly your dreams can be turned into agony and frustration. I have dedicated myself to practicing consumer law because I believe that consumers should get what they pay for and deserve be treated with respect. Too often consumers are told they are powerless to fight unconscionable or deceptive suppliers. Too often they pay for inferior work or products because they do not know where to turn. Too often unscrupulous sellers target poor or elderly people who are susceptible to their intimidation. Too often they are taken advantage of because they do not know their rights. Simply put, I fight for consumers because I believe that the "American Dream" is worth fighting for. I have represented consumers in many different types of cases, including Lemon Law cases, Used Car cases, Home Building cases, Home Remodeling Cases and Debt Collection cases. Some cases have been resolved with a phone call, others have gone all the way to the Ohio Supreme Court. I hope that if you find yourself in a transaction that is going from bad to worse that you will call for a free initial consultation. You can contact me at (937) 879-9542 Wednesday, June 21
by
Charles Rowland
on Wed 21 Jun 2006 12:25 PM EDT
You may be able to save time and money by following Ohio's simplified procedure for termination of your marriage. Ohio law provides that you may file a joint petition called a Petition for Dissolution. A dissolution represents an agreement between you and your spouse agree to all issues including the division of marital property, spousal support, parental rights and responsibilities, and child support. Your petition must be accompanied by a separation agreement and, if applicable, a shared parenting plan. Instead of many time-consuming hearings, you are required to appear at only one short hearing which usually lasts less than ten minutes. The purpose of the hearing is to determine if both parties actually agree to the terms of the agreement and that neither party has been coerced.
by
Charles Rowland
on Wed 21 Jun 2006 12:19 PM EDT
For operator's of a commercial vehicle requiring a CDL it is a criminal offense to drive (not operate) a commercial vehicle with a detectable amount of alcohol or controlled substance in the blood, breath or urine or with an alcohol concentration of .04% or more. In addition, if the concentration is high enough, truckers face the possibility of being prosecuted under the standard D.U.I. law. Pursuant to O.R.C. 4506.15(F) it is a criminal offense for a commercial driver to refuse to submit to alcohol or drug testing. If the driver refuses his/her CDL will be administratively suspended by the Bureau of Motor Vehicles and/or the U.S. Dept. of Transportation. Tuesday, June 20
by
Charles Rowland
on Tue 20 Jun 2006 03:01 PM EDT
Weekend checkpoint yields no drunk driversFourteen drivers cited for seatbelt violations
by
Charles Rowland
on Tue 20 Jun 2006 12:22 PM EDT
The United States Supreme Court ruled 9-0 in a Washington case, Davis v. Washington, that 911 tapes are admissible against an accused in a domestic violence case, even if the victim is not in court to testify. The legal issue involves the right of a defendant to confront his accuser (The Confrontation Clause). Justice Scalia said the taped statements can be used if police are trying to deal with an emergency, but cannot be used if the statements are gathered as evidence to file and/or substantiate charges. This can be seen as a victory for domestic violence groups who urged the court to allow the tapes use. Justice Scalia stated, "This particular type of crime is notoriously susceptible to intimidation or coercion of the victim to ensure that she does not testify at trial. When this occurs, (it) gives the criminal a windfall," In a separate Indiana case, the court ruled that testimony elicited from a victim at the scene was not admissible because the emergency had ended. Justice Thomas, however, dissented, reasoning that some other reasons could have existed for the questioning. If his logic were followed it would open the floodgates for all of the testimony, because officers are smart enough to frame the questions to elicit the testimony they need. It would create a nice legally fictional loophole through which could be driven the bulk of a defendant's constitutional protections.
by
Charles Rowland
on Tue 20 Jun 2006 03:00 AM EDT
What do law enforcement officers think of the Drug War? Jack A. Cole founded LEAP (Law Enforcement Against Prohibition), an international nonprofit educational organization that was created to give voice to all the current and former members of law enforcement who believe the war on drugs is a failed policy and who wish to support alternative policies that will lower the incidence of death, disease, crime and addiction - four categories of harm that were supposed to be alleviated by the war on drugs but which in truth were made infinitely worse by that war.LEAP's position is very straight-forward: "The first thing I need to tell you good people is that the US policy of a "war on drugs" has been, is, and forever will be, a total and abject failure. This is not a war on drugs, this is a war on people - our own people - our children, our parents, ourselves." To check out LEAP's homepage, please visit http://www.leap.cc/ Monday, June 19
by
Charles Rowland
on Mon 19 Jun 2006 12:24 PM EDT
Sunday, June 18
by
Charles Rowland
on Sun 18 Jun 2006 03:33 PM EDT
To all the fathers who may read this site, have a happy and wonderful Father's Day. If your day includes the enjoyment of a cocktail, may I suggest the following. If you are in need of information regarding all things cocktail please visit www.cocktailtimes.com
Saturday, June 17
by
Charles Rowland
on Sat 17 Jun 2006 10:57 PM EDT
We have had this battle of evolution vs. intelligent design before. It was at a little town in Datyon, Tennessee and we remember it as the Scopes Monkey Trial. We need to have this battle again, and soon! The following exerpt was from famed New York Times reporter H.L. Menchen and appeared in the Baltimore Evening Sun on July 21, 1925. At last it has happened. After days of ineffectual argument and legal quibbling, with speeches that merely skirted the edges of the matter which everyone wanted discussed in the Scopes anti-evolution trial. William Jennings Bryan, fundamentalist, and Clarence Darrow, agnostic and pleader of unpopular causes, locked horns today under the most remarkable circumstances ever known by American court procedure. Thursday, June 15
by
Charles Rowland
on Thu 15 Jun 2006 02:00 AM PDT
"DNA testing has been a major factor in changing the criminal justice system. It has provided scientific proof that our ... more » Wednesday, June 14
by
Charles Rowland
on Wed 14 Jun 2006 10:24 PM EDT
There is no denial of a constitutional right where a person under arrest for DUI/OVI is denied the right to consult with counsel prior to determining whether to take a chemical test, pursuant to R.C. 4511.191. However, a person under arrest for driving while intoxicated has a statutory right pursuant to R.C. 2935.14 and 2935.20 to communicate with an attorney, and, where an exercise of such right is requested, the police must forthwith permit the arrested person to use facilities to make such communication. A good-faith request of an arrested person to exercise his statutory right, pursuant to R.C. 2935.20, to call an attorney, before submitting to a chemical test required by R.C. 4511.191, does not constitute a refusal to take such test where the delay occasioned by the exercise of the statutory right will not unduly or unreasonably delay the administering of the test. Whether a request to consult an attorney is made in good faith and whether the exercise of the right will unreasonably delay administering a chemical test are factual issues to be determined from the facts and circumstances involved. Siegwald v. Curry (1974), 40 Ohio App.2d 313: 10th District Court of Appeals for Franklin County (taken from the syllabus)
Charles M. Rowland II maintains an after-hours number that you can contact if you find yourself involved in a DUI arrest situation. That number is (937) 776-2671.
by
Charles Rowland
on Wed 14 Jun 2006 10:17 AM EDT
For people who travel as much as I do, one of the most important things to know is where will the orange barrells be next. Ohio has a web site where you can track the orange menace and plan your trip. Just check out http://www.buckeyetraffic.org/. Tuesday, June 13
by
Charles Rowland
on Tue 13 Jun 2006 10:11 PM EDT
Ohio Legislature Passes Per Se "Drugged Driving" Bill April 6, 2006 - Columbus, OH, USA Columbus, OH: The state House ... more »
by
Charles Rowland
on Tue 13 Jun 2006 09:55 PM EDT
Gee Whiz! New York Will Fight DWI with Talking Urinals
New York Takes Crusade Against Drunk Driving to the Men's Room May 17, 2006. ABC News — The battle against drunken driving is going straight into the toilet, as New York plans to install motion-activated soap pucks, known as Wizmarks, in the urinals of 100 men's rooms at drinking establishments across Long Island's Nassau County. When guys leave a bar, the bathroom is usually the first place they visit before they go to their cars. And now, when men step up to the urinal at participating pubs, they'll hear this public service announcement as they relieve themselves: "Hey, you! Yeah, you! Having a few drinks? Then, listen up! Think you've had one too many? Maybe it's time to call a cab or call a sober friend for a ride home. It's sure safer and a hell of a lot cheaper than a DWI! Make the smart choice tonight. Don't drink and drive!"
by
Charles Rowland
on Tue 13 Jun 2006 09:43 PM EDT
The internet crime complaint center (www.ic3.gov) is a partnership between the FBI and the National White Collar Crime Center. IC3's mission is to serve as a vehicle to receive, develop, and refer criminal complaints regarding the rapidly expanding arena of cyber crime. The IC3 gives the victims of cyber crime a convenient and easy-to-use reporting mechanism that alerts authorities of suspected criminal or civil violations. For law enforcement and regulatory agencies at the federal, state, local and international level, IC3 provides a central referral mechanism for complaints involving Internet related crimes. Local crimes should be referred to your police department and/or the Ohio Attorney General, Consumer Division (http://www.ag.state.oh.us/citizen/consumer/complaints.asp) or the Better Business Bureau (http://www.bbb.org/). You should also check with a qualified consumer attorney who can advise you of your rights. Ohio has a very tough and progressive consumer law that allows aggreived consumer to recover treble (3x) damages and attorney fees. You can contact consumer attorney Charles M. Rowland II at 937-879-9542.
by
Charles Rowland
on Tue 13 Jun 2006 03:03 PM PDT
DIVORCE OR DISSOLUTION? You may be able to save time and money by following Ohio's simplified procedure for termination of your marriage. Ohio law provides that you may file a joint petition called a Petition for Dissolution. A dissolution represents an agreement between you and your spouse agree to all issues including the division of marital property, spousal support, parental rights and responsibilities, and child support. Your petition must be accompanied by a separation agreement and, if applicable, a shared parenting plan. Instead of many time-consuming hearings, you are required to appear at only one short hearing which usually lasts less than ten minutes. The purpose of the hearing is to determine if both parties actually agree to the terms of the agreement and that neither party has been coerced. Sunday, June 11
by
Charles Rowland
on Sun 11 Jun 2006 02:54 PM PDT
The article below was posited by national consumer advocate/radio talk show host Clark Howard. It is just another in a long line of "special" (unconstitutional) suggestions for treating the mythical drunk driving "epidemic."Alternative punishments for drunk driversSeptember 13, 2004 In the United States, we lose about 40,000 people a year in auto accidents each year; just over one-third of those are alcohol-related. These are completely preventable accidents, if the person simply chose not to drink and drive.
Maybe there is a better way to handle this problem. It comes from Europe and is now being used in Switzerland, Italy and France. Basically, if a resident of those countries gets the equivalent of a DUI, that person's license is taken away immediately. The offender is allowed to get a "junior license," which allows him or her to drive a very low-powered car. The car will not go above about 30 mph and there is a sticker on it saying what its maximum speed is. So drivers can't go on the interstates, but they can use surface streets. Therefore, the risk to other drivers is minimized. According to the New York Times, car manufacturers are specifically making these cars because they are in such high demand. Tens of thousands of people are paying for them, the paper said. It's an idea worth considering in America.
by
Charles Rowland
on Sun 11 Jun 2006 12:07 PM PDT
I took the kids to see the movie "CARS" this weekend. They loved it! My favorite thing was that it talked about how we are more interested in making time than in enjoying time. It decrys the destruction of "community" America. The hero, Lightning McQueen, is taught the value of community as a means of defining who you really should be. Having recently suffered through what I consider some truly horrible children's films (Doogal, Hoodwinked etc) its nice to see Disney and Pixar do what they do best. My kids also laughed at everything Larry the Cable Guy (as Tow Mater) said and did.
Saturday, June 10
by
Charles Rowland
on Sat 10 Jun 2006 08:41 PM PDT
The National College for DUI Defense, Inc. (NCDD) is a professional, non-profit corporation dedicated to the improvement of the criminal defense bar, and to the dissemination of information to the public about DUI Defense Law as a specialty area of law practice. The National College is headquartered in Montgomery, Alabama. It consists of a governing Board of Regents, a Founding Membership, a Sustaining Membership and a General Membership. College members represent the most experienced DUI defense attorneys in the country. The original Founding Members funded the establishment of the college, and are among the top DUI practitioners in the United States. Since its founding, the College continues to recognize, as Sustaining Members, defense lawyers who have demonstrated the skill and experience of the original Founding Members, as well as the generosity to financially sustain the growth of the NCDD. General Members are the backbone of the college—capable, experienced attorneys who dedicate a portion of their practice to the defense of DUI cases throughout the country. When the National College for DUI Defense was founded, the Board of Regents envisioned a Board Certification program as the culmination of its program of education. In 1999, the Board instituted Board Certification as a means of recognizing lawyers within the college who exemplify the program's standards, and who meet the criteria established by the Board of Regents: extensive experience trying DUI cases and litigating pre-trial issues, a broad knowledge of the science involved in testing for intoxicants, and a command of the legal process on which DUI cases are framed. Friday, June 9
by
Charles Rowland
on Fri 09 Jun 2006 08:30 PM PDT
The Ohio State Highway Patrol makes available to the public information related to speeding and DUI/OVI arrests. The information provided below is found at http://statepatrol.ohio.gov/statistics/activity.html
Wednesday, June 7
by
Charles Rowland
on Wed 07 Jun 2006 09:01 PM EDT
Proudly listed on Globe of Blogs, http://www.globeofblogs.com
by
Charles Rowland
on Wed 07 Jun 2006 08:35 PM EDT
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by
Charles Rowland
on Wed 07 Jun 2006 11:31 AM PDT
If you are convicted of a DUI/OVI offense in another jurisdiction what will Ohio do to your license? Out of State Alcohol/Drug Offenses If you are convicted of an out-of-state DUI offense or a drug offense similar to the type of offense that Ohio suspends licenses for, you will receive a six month suspension from the Ohio BMV. If you wish to challenge this suspension you must request an administrative hearing in writing within twenty-one days of the date of the suspension notice. This suspension requires payment of a $30.00 fee for reinstatement and will run (unless challenged) for six months from the date of the notice.
Monday, June 5
by
Charles Rowland
on Mon 05 Jun 2006 08:23 PM PDT
The following was posted on the Highway Patrol web site, which can be accessed at http://statepatrol.ohio.gov/Patrol announces plans for six low-manpower OVI checkpointsCOLUMBUS - The Ohio State Highway Patrol announced today that troopers will operate six low-manpower OVI checkpoints, funded by fines from impaired drivers and other federal funding, to deter and intercept impaired drivers this week.
The checkpoints will be held in conjunction with nearby saturation patrols to aggressively combat alcohol-related injury and fatal crashes. The counties where the checkpoints will be held will be announced the day prior to the checkpoint, and the exact locations will be announced the morning of the checkpoints. “Ohio traffic crash statistics show that there were over 17,000 alcohol-related crashes in 2005 and 477 of those crashes ended in death,” Colonel Paul D. McClellan, superintendent of the Patrol, said. “These checkpoints are designed to not only deter impaired driving, but to proactively remove these dangerous drivers from our roadways.” In addition, the Patrol also continues its strict enforcement of safety belt violations with the What’s Holding You Back?/Click It or Ticket campaign. Troopers will have zero tolerance for safety belt violations when motorists are stopped for violations and are not wearing a required safety belt or don’t have children properly restrained in child safety seats. If you plan to consume alcohol, designate a driver or make other travel arrangements before you drink. Don’t let another life be lost for the senseless and selfish act of getting behind the wheel impaired. Operational support for the sobriety checkpoint will be provided by local law enforcement agencies. Sunday, June 4
by
Charles Rowland
on Sun 04 Jun 2006 11:40 PM EDT
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by
Charles Rowland
on Sun 04 Jun 2006 11:35 PM EDT
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by
Charles Rowland
on Sun 04 Jun 2006 11:30 PM EDT
<a href="http://wholinkstome.com/" title="Click here to see who's linking to this site.">Who links to me?</a>
Friday, June 2
by
Charles Rowland
on Fri 02 Jun 2006 09:00 AM PDT
If you have ever bought a lemon automobile or hired an incompetent builder/remodeler you know how quickly your dreams can ... more » |
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