After Prohibition ended in 1933, many states passed ...   more » Leave Comment  |  Permanent Link  |  Cosmos Wednesday, September 20   DUID Legislation, What It Means, Who's Behnid It by Charles Rowland on Wed 20 Sep 2006 06:00 AM EDT "YOU ARE GOING DIRECTLY TO JAIL" DUID Legislation: What It Means, Who's Behind It, and Strategies to Prevent It by ...   more » Leave Comment  |  Permanent Link  |  Cosmos Tuesday, September 19   Pennsylvania Judge Sees the Light by Charles Rowland on Tue 19 Sep 2006 09:40 PM EDT The following is from a presiding justice's dissenting opinion in a Pennsylvania appellate decision affirming a DUI conviction: I must vigorously dissent from the well-written opinion of the majority, as it seems we are coming perilously close to turning a blind eye to questionable conduct by our police officers. While I acknowledge that our police officers are charged with the awesome and sometimes onerous responsibility of protecting the public, I cannot sanction the whisperings of the majority that that protection comes at the deprivation of the constitutional rights of citizenship. We do not want a police state, and it seems we are on the precipice of becoming one, in the name of DUI. I suggest that the Court, and the police, can ill afford to sanction this type of conduct.  (Emphasis added.)  Fortunately, the Pennsylvania Supreme Court reversed this lower court ruling a few days ago and, in so doing, agreed with the dissenting justice's comments. Comes the dawn? (Thanks to the DUI Blog of Lawrence Taylor) (Thanks to Fred Slone and Troy McKinney.) www.wapakonetadui.com, www.sidneydui.com, www.troydui.com, www.piquadui.com, www.greenvilledui.com, www.eatondui.com, www.middletowndui.com, www.hamiltondui.com, www.cincinnatiduidefense.com, www.lebanondui.com, www.springborodui.com, www.hillsborodui.com, www.chillicothedui.com, www.wilmingtondui.com, www.circlevilledui.com, www.washingtoncourthousedui.com, www.columbusduidefense.com, www.londondui.com, www.urbanadui.com, www.tippcitydui.com, www.xeniadui.com, www.fairborndui.com, www.beavercreekdui.com, www.bellbrookdui.com, www.wrightpattersondui.com, www.ketteringdui.com, www.oakwooddui.com, www.vandaliadui.com, www.miamisburgdui.com, www.claytondui.com, www.huberheightsdui.com, www.trotwooddui.com, www.morainedui.com, www.centervilledui.com, www.daytondrunkdriving.com, www.daytonduidefense.com. www.ohiodivorceattorney.com, www.markbabb.com Leave Comment  |  Permanent Link  |  Cosmos   America's Oldest Brewery by Charles Rowland on Tue 19 Sep 2006 10:00 AM EDT What is the oldest active brewery in America? D.G. Yuengling & Son has been brewing beer at Pottsville, Pennsylvania since 1829, ranking it as America's oldest brewery. Founder David Yuengling carved aging cellars deep into the rocky hillside on which the brewery is perched. During prohibition, the company made near beer (de-alcoholized beer) and dairy products. Today, the brewery is still in the hands of the Yuengling family, and is experiencing its greatest success yet. Leave Comment  |  Permanent Link  |  Cosmos Monday, September 18   Kinky calls for legalized weed by Charles Rowland on Mon 18 Sep 2006 04:00 AM EDT AUSTIN -- Independent gubernatorial candidate Kinky Friedman on Wednesday called for the decriminalization of marijuana to avoid further clogging state ...   more » Leave Comment  |  Permanent Link  |  Cosmos Saturday, September 16   BMV Reinstatement & Abstract by Charles Rowland on Sat 16 Sep 2006 07:56 PM EDT Below is a link to get both an abstract and the reinstatement requirements from the BMV.  It was generously provided by one of Ohio's great DUI attorneys Cleve Johnson via the Ohio Academy of Criminal Defense Lawyers.  Thanks Cleve for the useful tool. https://www.dps.state.oh.us/netsys/netdb/ENGLISH/MMENU.asp Leave Comment  |  Permanent Link  |  Cosmos Friday, September 15   Drunk Driving Defense by Charles Rowland on Fri 15 Sep 2006 11:10 AM EDT I am proud to announce a relationship between Charles Rowland and the web site www.drunkdrivingdefense.com.  Please check out their links. If you are in need of competent, credible DUI counsel, please contact Charles M. Rowland II at 937-879-9542. Leave Comment  |  Permanent Link  |  Cosmos   Republicans are fun! by Charles Rowland on Fri 15 Sep 2006 11:05 AM EDT Who says that our current Republican-controlled legislature are not a bunch of fun guys.  They have agreed to loosen the ...   more » Leave Comment  |  Permanent Link  |  Cosmos Thursday, September 14   Alcohol Vaporizing Devise by Charles Rowland on Thu 14 Sep 2006 11:06 AM EDT ORC 4301.65 – Creates a ban on the purchase or sale of “alcohol vaporizing devices.”: (A) As used in this section, "alcohol vaporizing device" means a machine or other device that mixes beer or intoxicating liquor with pure oxygen or any other gas to produce a vaporized product for the purpose of consumption by inhalation. (B) No person shall sell or offer for sale an alcohol vaporizing device. (C) No person shall purchase or use an alcohol vaporizing device. * A violation of 4301.65(C) is an MM.   Leave Comment  |  Permanent Link  |  Cosmos Wednesday, September 13   Ohio Is The Worst State in the Union by Charles Rowland on Wed 13 Sep 2006 06:00 AM EDT According to an article on CNN Money, Ohio issues more speeding tickets than any state in the union.  Congrats Ohio, your number one. The states that issue the most speeding tickets nationally include Ohio, Pennsylvania and New York, he said.  The average cost of a traffic ticket, including court fees, is roughly $150. You'll pay roughly $300 more in the next three years on higher insurance fees. If you fight the ticket, then add on the cost to hire a lawyer. And of course, you'll have to factor in lost time from work to plead your case. "It's a big racket -- it's a way for states to make money," said Eric Skrum, communications director for the National Motorists Association.  Many states make it easier to just pay the ticket than fight it. For example, some states allow you to pay the ticket on the spot with a credit card. Indeed, for many towns, traffic tickets provide a substantial source of their revenue. The town of Waldo, Fla., for example, home of a notorious speeding trap on Route 301 between Tampa and Jacksonville, gets nearly 33.5 percent of its income from traffic tickets, according to Shir Lee Cox, a division manager for the American Automobile Association in Miami. The town of Lawtey, Fla., earns nearly 68.2 percent through traffic fines. As a result, AAA recommends its members use other routes. for full article see http://money.cnn.com/2002/05/22/news/q_speed_cost/ Leave Comment  |  Permanent Link  |  Cosmos Tuesday, September 12   Red Red Wine by Charles Rowland on Tue 12 Sep 2006 10:05 AM EDT Red wine is a rich source of biologically active phytochemicals, chemicals found in plants. Particular compounds called polyphenols found in ...   more » Leave Comment  |  Permanent Link  |  Cosmos   How far will they go? by Charles Rowland on Tue 12 Sep 2006 04:00 AM EDT Imagine a world where your government can set up road-blocks and order you to the side of the road.  Upon being stopped you are interrogated, "Where are your papers?"  "Have you been drinking?" "Why aren't you wearing your seatbelt?" I don't want to cooperate you say...leave me alone.  "We will take your license for a year if you won't blow into our machine."  But those machines are faulty, you say.  "You can't challenge our machines, they have the force of law," they say.  What about the Fifth Amendment, the Fourth Amendment?!?, you can't do this!  This is un-American!  "Hey buddy, our friends the greiving mothers go to the judges and the politicians and have taken away those "technicalities. You might as well cooperate."  I'll get the best lawyer, he'll argue for me.  He'll tell the jury how this all works and they will tell you to go to hell.  "Well, we have already picked your jury by buying a bunch of media air time telling them what a problem you are.  We tell the public that there is a crisis.  But best of all, we've convince the public that you are a menance and someone to be scared of." Why are you doing this, what do you have to gain? "Well, you see, its big business for us.  Grants, revenue, good will, its all about the cash." This scenario was unthinkable just a few years ago.  Now, it happens everyday. How far will they go?  How far will you let them?    Leave Comment  |  Permanent Link  |  Cosmos Friday, September 8   www.DUI.com by Charles Rowland on Fri 08 Sep 2006 06:00 AM EDT I am proud to announce that I have reached an agreement with www.DUI.com to be listed as one of their Ohio attorney referrals.  This site is one of the leading sites on DUI information, providing not just attorney info but information on all issues pertaining to alcohol.  The site was started by a former drug and alcohol counselor and it shows.  Please check out www.DUI.com and look up Ohio attorneys to find this site. Charles M. Rowland II, 1-888-ROWLAND Leave Comment  |  Permanent Link  |  Cosmos Thursday, September 7   Blogburst by Charles Rowland on Thu 07 Sep 2006 08:59 PM EDT <script type='text/javascript' language='javascript'  src='http://app.blogburst.com/Public/ValidationScript.aspx?id=B9LZFurJSuHHz150oHTp10nK'></script>   <a href="http://www.blogburst.com/"> <img border="0" src="http://www.blogburst.com/Resources/Images/blogburst_80x15.gif?id=B9LZFurJSuHHz150oHTp10nK"> </a>    more » Leave Comment  |  Permanent Link  |  Cosmos   Outside the Box, Inside the Code by Charles Rowland on Thu 07 Sep 2006 12:58 PM EDT Breath Test Company Refuses to Disclose Code, to Defense Lawyers' DelightMarch 12, 2006 MIAMI - Timothy Muldowny's lawyers decided on ...   more » Leave Comment  |  Permanent Link  |  Cosmos   Flex Your Rights - Just Say No! by Charles Rowland on Thu 07 Sep 2006 07:00 AM EDT A great web site to visit is www.flexyourrights.org.  This site gives information on how to protect your rights during ...   more » Leave Comment  |  Permanent Link  |  Cosmos Monday, September 4   Defenses to a DUI/OVI by Charles Rowland on Mon 04 Sep 2006 08:01 PM PDT WHAT ARE THE DEFENSES TO AN OVI OFFENSE? 1. The Defendant was not "operating"a "motor vehicle" on a "public highway." 2. The Defendant was not "under the influence." 3. The Police Officer improperly stopped the Defendant. a. The Officers did not have an "article suspicion" legally sufficient to stop the defendant. b. The stop was made pursuant to an unconstitutional roadblock. 4. The Police Officer improperly arrested Defendant. a. The Officers lacked probable cause sufficient to justify an arrest. b. The Defendant did not commit an illegal act in the presence of the officer. c. The Officer lacked jurisdiction to make the arrest. d. The arrest was the result of an unlawful home entry. e. the arrest was the result of an unlawful search and seizure. f. The Officer who made the arrest had not complied with the statutory police qualifications. 5. The Police Officer did not give the Defendant adequate warnings. a. Miranda warnings b. Warnings required by statute of limitations. 6. The Defendant has an affirmative defense. a. Necessity i. Injury or threat of injury to human or animal life ii. The imminent danger of injury iii. The danger required that the defendant drove to avoid the injury b. Duress i. The offense was committed to avoid serious injury or death ii. No alternative existed to avoid the serious injury or death iii. The harm avoided by the commission of the offense was greater than the harm produced by the defendant iv. The defendant had a good faith belief that the commission of the offense was necessary to avoid serious injury or death v. The defendant's belief was reasonable under the circumstances vi. The defendant did not create the situation that imposed the threat of serious injury or death. c. Entrapment d. Involuntary Intoxication i. The defendant became intoxicated through force or threat of force 7. Defendant's right to a speedy trial was violated. Leave Comment  |  Permanent Link  |  Cosmos   What's Beer Worth to You? by Charles Rowland on Mon 04 Sep 2006 11:00 PM EDT US beer industry employs 48,600 in brewing, 890,000 total, for $21bil wages The Beer Institute and The National Beer Wholesalers Association sponsor Beer Serves America, which was organized in 1986 to represent the industry before Congress, state legislatures and public forums across the U.S. (i.e. they're lobbyists). They recently released their analysis of the 2005 data. The industry includes approximately 2,400 brewers and beer importers, 1,900 beer wholesalers, and 550,000 retail establishments. The industry’s economic ripple effect benefits packaging manufacturers, shipping companies, agriculture, and other businesses whose livelihood depends on the beer industry. . They estimate the total number of beer industry related jobs including suppliers and "induced impact" at 1.8 mil. earning $54 bil. in wages. (It's not clear whether they included website hosts or other media). The industry has $162 bil. of total economic impact. About $30 bil. in beer related earnings and consumption taxes were collected in 2005. Leave Comment  |  Permanent Link  |  Cosmos Friday, September 1   The History of the Three Day Weekend by Charles Rowland on Fri 01 Sep 2006 05:36 PM EDT Happy Three-Day Weekend! (Or What Does Presidents' Day Mean To You?) by Bill Kauffman by Bill Kauffman          When tradition faces off against the almighty buck, smart gamblers put their money on the money. Consider one of the overlooked revolutions of the '60s: the Uniform Holiday Act of 1968, under which Congress decided that George Washington's face on the dollar bill trumps George Washington's birthday. The act provided that beginning in 1971, Memorial Day, Columbus Day, Veterans Day, and Washington's Birthday (later demoted to the beloved "Presidents' Day") were to fall only on Mondays. For years, Florida Senator George A. Smathers, the smarmy playboy best known as JFK's sidekick in the pursuit of venereal happiness, had been the Braveheart of the three-day weekend. The eminently practical Smathers even wanted to junk Thanksgiving Thursday and bid bye-bye to the Fourth of July. The Monday holiday bill found its weightiest ally in the U.S. Chamber of Commerce. The chamber's arguments for uprooting the old holidays were no more elevated than the bottom line: It would reduce absenteeism – no more rabble calling in sick on Friday after getting smashed on a Memorial Day Thursday. Production would not experience midweek disruptions. Travel-dependent industries would prosper. When the bill came to the House floor in May 1968, shrewd supporters had tacked on a provision establishing Columbus Day as a national holiday. This ensured the measure's passage, despite the futile effort of Rep. Edward Derwinski (R-IL) to rename Columbus Day "Discoverers of America Day" as a way to honor Polish explorer Jan z Kolna and "put an end to the Polish jokes which have swept the country." (Lech Walesa eventually did that.) The Daughters of the American Revolution "vigorously protest[ed] this downgrading of our national heroes," but the white-haired bluebloods were no match for Chamber of Commerce greenbacks. Neither was the ramshackle Lord's Day Alliance, whose director complained, "Most ministers like long holidays about as much as they do the devil. The choir, ushers, Sunday School teachers, and the whole congregation join the mass exodus." Congressman Robert McClory (R-IL), who co-managed the bill on the floor, gamely conjectured that families would spend the long weekends visiting Arlington National Cemetery, Gettysburg, and other "famed battlegrounds and monuments," including, presumably, the Tomb of the Unknown Shopper. New York Democrat Samuel Stratton, self-proclaimed "father of Monday-holiday legislation" (but no friend to the Father of our Country) declared that three-day weekends would "refresh and restore the spirits and the energies" of federal employees. The bill's cantankerous opponents were not impressed. Michigan Republican Edward Hutchinson called it "a rejection of our historic past"; North Carolina Democrat Basil Whitener grumbled that "a few business organizations would make more profit on Mondays" at the expense of "the tradition and background of our Nation...Let us not peg everything to the dollar." Rep. Joe Waggoner (D-LA) thundered, "Holidays and commemorative events were not created for the purpose of trade or commerce...You have helped to destroy history for future generations." The intrepid Waggoner, whose district must have had a shortage of Knights of Columbus, was the only member at take aim at Mr. 1492: "I think it needs to be said since we seem to be so proud of Columbus, that when he left for this country he did not know where he was going, and when he got here, he did not know where he was, and when he got back, he did not know where he had been." The traditionalists had a monopoly on wit. Fletcher Thompson (R-GA) offered an amendment to rename our holidays "Uniform Holiday No. 1, Uniform Holiday No. 2," etc. The immortal skinflint H.R. Gross (R-IA), who had opposed spending money to keep lit the eternal flame over JFK's grave, proposed to move Christmas and New Year's Day to Monday. The Mondaynes were not amused. The Uniform Holiday Act of 1968 passed the House, 212-83, and the Senate by voice vote, without debate. "This is the greatest thing that has happened to the travel industry since the invention of the automobile," rejoiced the president of the National Association of Travel Organizations. Rep. Dan Kuykendall (R-TN) saw it differently: "If we do this, 10 years from now our schoolchildren will not know what February 22 means. They will not know or care when George Washington was born. They will know that in the middle of February they will have a 3-day weekend for some reason. This will come." This has come. February 14, 2004 Bill Kauffman's [send him mail] most recent book is Dispatches from the Muckdog Gazette: A Mostly Affectionate Account of a Small Town's Fight to Survive (Henry Holt). An earlier version of this essay appeared in The American Enterprise. Leave Comment  |  Permanent Link  |  Cosmos