"WORK HARD, PLAY BY THE RULES, NEVER QUIT!"
View Article  Speed Cameras Ruled Illegal (Girard, Ohio)
Judges Rules Girard, Ohio Speed Cameras IllegalGirard, Ohio speed cameras shut down after judges finds program illegal. Refunds to ...   more »
View Article  Ohio's War on Drunk Drivers

OHIO'S WAR ON DRUNK DRIVERS

The U.S. has a low traffic fatality rate (drunk , as well as sober) and is a very safe nation in which to drive. And it's been getting safer for decades. There is now only about one death (including the deaths of bicyclists, motorcyclists, pedestrians, auto drivers, and auto passengers) per fifty million vehicle miles traveled. Alcohol-related traffic fatalities have dropped from 60% of all traffic deaths in 1982 down to 41% in 2002 (the most recent year for which such statistics are available). Alcohol-related traffic fatalities per vehicle miles driven has also dropped dramatically -- from 1.64 deaths per 100 million miles traveled in 1982 down to 0.61 in 2002 (the latest year for which such statistics are available). Alcohol-related crash fatalities have fallen 1/3 since 1982, but traffic deaths NOT associated with alcohol have jumped 43% during the same time. Despite these numbers, the Ohio legislature has continually increased the penalties for driving under the influence.

In 1982 the State of Ohio declared war on drunk drivers with the enactment of Senate Bill 432. Grants subsidized an increased law enforcement presence and task forces were formed to satiate the public desire for stricter laws regarding drunk driving. Again, in 1990, the Ohio legislature voted for increased penalties for D.U.I. convictions and lowered the prohibited alcohol levels for juveniles and commercial drivers. The penalties were again increased in 1993 adding impoundment of licenses, immobilization and forfeiture of vehicle provisions to the law. In 1994 it became law that occupational privileges (your right to drive back and forth to work) would be denied any offender with three or more convictions within a prior seven year period. In 1996 the State legislature made the fourth or higher D.U.I. conviction a felony and allowed courts to consider convictions as old as six years to count as prior convictions. Ohio bowed to federal pressure and reduced the prohibited alcohol level to .08% and has increased the penalties for any driver testing above a .17%. The clear message sent by the law is: "DON'T DRIVE UNDER THE INFLUENCE IN OHIO!" It is also clear that if you find yourself charge with a D.U.I you need good legal representation. This web site is designed to give you information on the charge of Driving Under the Influence and provide you some insight on how law enforcement approaches the problem of impaired drivers.

View Article  The Lone Ranger Creed

THE LONE RANGER CREED

I believe that to have a friend, a man must be one;

That all men are created equal and that everyone has within himself the power to make this a better world;

That God put the firewood there, but that every man must gather and light it himself;

In being prepared physically, mentally, and morally to fight when necessary for that which is right;

That a man should make the most of what equipment he has;

That sooner or later...somewhere...somehow...we must settle with the world and make payment for what we have taken;

That all things change, but the truth, and the truth alone lives on forever;

I believe in my Creator, my country, my fellow man.

View Article  Optokinetic Effect

The optokinetic effect could be used to attack the validity of an HGN test.  The National Highway Transportation Safety Administration ...   more »

View Article  Definitions of DUI

In Ohio, driving under the influence includes driving while intoxicated with too much alcohol, or driving under the influence of a drug of abuse. The traditional offense is "driving under the influence of alcohol" (DUI). Ohiohas also enacted a second, so-called "per se" offense: driving with an excessive blood-alcohol concentration (.08%). In Ohio, BOTH offenses are usually charged.

A jury instruction which is given at every D.U.I. trial states,

  • UNDER THE INFLUENCE. "Under the influence means that the defendant consumed some (alcohol)(drug of abuse)(alcohol and a drug of abuse), whether mild or potent, in such a quantity, whether small or great, that it adversely affected and appreciably impaired the defendant's actions, reactions, or mental processes under the circumstances then existing and deprived him of that clearness of intellect and control of himself which he would otherwise have possessed. The question is not how much (alcohol)(drug of abuse)(alcohol and a drug of abuse) would affect an ordinary person. The question is what effect did any (alcohol)(drug of abuse)(alcohol and a drug of abuse), consumed by the defendant, have on him at the time and place involved. If the consumption of (alcohol)(drug of abuse)(alcohol and a drug of abuse) so affected the nervous system, brain, or muscles of the defendant so as to impair, to an appreciable degree, his ability to operate the vehicle, then the defendant was under the influence.
View Article  Coors Drunk Driving Arrest

Beer Exec Pete Coors Cited in May for DUI

By P. SOLOMON BANDA Associated Press Writer

DENVER (AP) _ Beer ...   more »

View Article  Harvard Seminar

I just wanted to let everyone know that the National College for DUI Defense seminar was all it was cracked up to be and then some.  I will fill you in when I return.  Until then, god speed from Mass.

Charles M. Rowland II

View Article  Fatalities Down

According to the State Highway Patrol, fatalities on Ohio roadways are down compared with this time last year.  Americans should be proud of themselves for having a safe interstate highway system.  For some inovative ideas on creating an "American Autobahn" please visit the National Motorists Association at www.motorists.org.

View Article  700 WLW's Bill Cunningham Advocates Death Penalty for DUI driver

In a tragic accident an allegedly drunk driver killed two bicyclists and a driver in a head-on collision.  The driver ...   more »

View Article  State v. Farris, 109 Ohio St.3d 519, 2006-Ohio-3255

Last week the Ohio Supreme Court ruled in the case of State v. Farris, 109 Ohio St.3d 519, 2006-Ohio-3255 ...   more »

View Article  Charlie at Harvard
Tomorrow I will leave to attend the Summer Seminar for the National College for DUI Defense at Harvard University.  I look forward to the trip and I will be sure to share some of the information on this blog.  One of the reasons I give for choosing me to represent you is my committment to continuing to educate myself in the defense of the impaired driver.  Later this summer I will attend the certification course on the BAC Datamaster.  If you are in need of representation, please contact me at 937-879-9542.
View Article  Ohio State Bar Foundation

One of the greatest organizations in Ohio is the Ohio State Bar Foundation.  I was honored to be asked to be a member in 2005 after winning an award for community service.  The message below is from their web site which you can access at www.osbf.net.

Membership in the Foundation is an honor extended only to lawyers whose careers have demonstrated their dedication to the highest ideals of the legal profession and the welfare of their community. Outstanding individuals from around the state are invited each year to become part of this select group.

Each year's Fellows Class meets several times during its members' first 12-14 months in the Foundation, to learn more about the Foundation and its mission of promoting public understanding of the law and improvements in the justice system throughout Ohio. New members also collaborate on a Fellows Class project that furthers the Foundation's mission

View Article  Willie Nelson Quote of the Day

If we're backing up its just to get a running start.

 

 

View Article  Ohio's Death House (Lucasville)
For perhaps the creepiest video you will ever see, go the the Springfield News Sun (www.SpringfieldNewSun.com) website and ...   more »
View Article  Saliva Test for Marijuana

Learn these acronyms: DUID (driving under the influence of drugs) and DRE (drug recognition expert).  The next stage in the ...   more »

View Article  New Crash Statistic Model Employed by OSP

Ohio's major papers are all announcing the implementation of new data crunching software by the Ohio State Highway Patrol. Information ...   more »

View Article  Fun Quote of the Day
"When I read about the evils of drinking, I gave up reading." - Henny Youngman.
View Article  New Sponsorship Agreement (www.DaytonDUI.com)

I am pleased to announce that beginning today, July 10, 2006, I have agreed to a sponsorship agreement with Cox ...   more »

View Article  Willie Nelson Quote of the Day

You know why divorces are so expensive? They're worth it.

Willie Nelson

View Article  Ohio's Worst Record
Man with 19 DUIs skips hearing

LEBANON – A judge is issuing a warrant for the arrest of Curtis E. Sears, a Lebanon man who is tied for Ohio’s worst drunken-driving record, after Sears failed to show up today for a court hearing on charges of speeding and driving under suspension.

Municipal Judge Mark Bogen was preparing the order for Sears, 48.

Sears has 19 drunken-driving convictions and 31 suspensions on his Ohio driving record. So he wasn’t supposed to be behind the wheel on June 22, when a Monroe police sergeant accused him of driving 66 mph in a 35-mph zone along Greentree Road at Interstate 75.

That accusation came 10 months after Sears was released from an Ohio prison. He had served almost three years behind bars for Warren County drunken-driving and theft convictions, state prison officials said.

Their records also indicate Sears spent six months in prison from 1989-90 on a Montgomery County escape charge.

The followig appeared in the Cincinnati Enquirer and can be found at: http://news.enquirer.com/apps/pbcs.dll/article?AID=/20060706/NEWS01/307060021

 
View Article  Prepaid Entertainment Contract
 

The Prepaid Entertainment Contract Act, O.R.C. 1345.41 et seq.

Have you ever been talked into signing up for a dance class, a dating service or martial arts classes? What about the health spa membership that you were intimidated into purchasing and will never use? The Prepaid Entertainment Contract Act may be of interest to you. The following information is designed to empower you in situations involving these types of contracts.

The Prepaid Entertainment Contract Act (PECA) provides significant protection for purchasers of contracts involving health spas, dance studios, martial arts training, dating services and weight reduction centers. The Act now applies to any contract for the specified services, regardless of the cost of the contract or the duration of the program. While the contract must still be "prepaid" the Act now applies to any contract for the such specials as "$20 for 20 visits" at health spas, $5-a-week diet programs if there is any payment in advance of receiving the services, and six to eight week exercise classes.

View Article  Civil Sex Offender Registry
The Toledo Blade reports that Ohio authorities over the weekend unveiled their plans for an on-line civil registry of sex offenders who have not been convicted of crimes. The provision was part of a larger sex offense bill passed earlier by the General Assembly. The new law would allow a sex abuse victim to seek a declaratory judgment finding that their abuser committed a sex offense even though the civil statute of limitations has expired. If a judge finds that a sex offense was committed, the offender’s name, address, and photo would be placed on the registry. The state will conduct a public hearing on the new registry next month.