According to MADD for Southwestern Ohio (governing Montgomery County), Montgomery County had 55 traffic fatalities for 2002.  Of those deaths, 40% were "alcohol related."  By MADD's definition, this means that at least one of the drivers, passengers or pedestrians involved in the accident had consumed some alcohol.  It does not mean that alcohol caused or even contributed to the accident.  This is important because this definition, left unchallenged creates (and perpetuates) the attack on social drinkers who do not disproportionately "cause" alcohol-related traffic deaths.  The statistic is stark, in that, when we look at the fifty-five (55) "alcohol related" deaths only two involved persons having a blood alcohol concentration of .01-.07. 

The related article can be found at: www.madd.org/oh/southwestern

The Supreme Court of Ohio recently decided the case of State v. Brooke (2007), 113 Ohio St.3d 199.  In this case the Supreme Court held the state to its burden in proving the voluntariness of waivers of counsel in previous DUI convictions.  The State will be required to show more than that a conviction was recorded and, when challenged, carries the burden of proving the waiver of cousel was voluntary and complied with applicable law.  If you face a 2nd, 3rd, 4th or 5th DUI make sure your attorney makes the State live up to this burden. 

Charles M. Rowland II

937-879-9542

SEAFARER
William Carlos Williams

The sea will wash in
but the rocks - jagged ribs
riding the cloth of foam
or a knob or pinnacles
       with gannets -
are the stubborn man.

He invites the storm, he
lives by it? Instinct
with fears that are not fears
but prickles of ecstasy,
a secret liquor, a fire
that inflames his blood to
coldness so that the rocks
seem rather to leap
at the sea than the sea
to envelop them. They strain
forward to grasp ships
or even the sky itself that
bends down to be torn
upon them. To which he says,
It is I! I who am the rocks!
With out me nothing laughs.

A non-compliance suspension stems from failing to show proof of insurance at the time of an accident or traffic offense, failure to pay a court ordered judgment, or from those wonderful random letters seeking verification of your insurance status. These suspensions run ninety days for the first offense, one year for the second, and two years for each offense thereafter for each offense committed within a five year period. In addition, the revised code staggers the reinstatement fee and the ability to obtain limited driving privileges. Pursuant to R.C. 4503.232, 4510.52 and 4510.53 all driver licenses, CDLs and license plates received by the BMV are destroyed and must be repurchased once the reinstatement requirements are met. One of the most onerous provisions of this suspension is the requirement that the driver/owner maintain “HIGH RISK” insurance for three years (on a 1st, 5 yrs on subsequent).

If you or a loved one find yourself in an abusive relationship: GET OUT!  I have provided a bundle of links on my comprehensive links helpful to the victim of domestic violence.  You don't have to be a victim.  http://charlesrowland.com/main/c/links

FIELD SOBRIETY TESTS: DESIGNED FOR FAILURE?

How effective are these highly tauted field sobriety ...   more »

Do you have the time to be angered by yet another of life's distractions?  If so, join an association dedicated to ending the pain caused by daytime running lights.  Check them out at http://www.lightsout.org/

If that's not enough to get your goat how about those people that just won't get over on the highway?  Join others who are fed up at http://www.driverightpassleft.com/.

And if the libretarian in you is outraged by the government telling you to wear a seatbelt, check out http://www.buckleoff.com/

The statutory definition of reckless operation can be found at Ohio Revised Code Section 4511.20 which states:

4511.20 Operation in willful or wanton disregard of the safety of persons or property.
(A) No person shall operate a vehicle, trackless trolley, or streetcar on any street or highway in willful or wanton disregard of the safety of persons or property.

(B) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.