"WORK HARD, PLAY BY THE RULES, NEVER QUIT!"
View Article  Lawyer Joke of the Week

A man who had been accused of murder went to a lawyer seeking defense. He didn't want to go to jail. But his lawyer told him, "Don't worry. You'll never have to go to jail with all that money."  And the lawyer was right. When the man was sent to prison, he didn't have a dime.

View Article  Troy, Piqua and Tipp City (Miami County DUI information)
People seeking representation in Miami County can find valuable information at www.PiquaDUI.com, www.TroyDUI.com and www.TippCityDUI.com.  These sites were developed to provide practical information regarding Troy, Piqua, Tipp City and Miami County's tough drunk driving law. There you will find information on DUI (now called OVI) law in the Miami County Municipal Court and in the Miami County Common Pleas Court.  The Judges who will hear your case in the Miami County Municipal Court are the Honorable Elizabeth S. Gutman and the Honorable Mel Kemmer. You may also appear before Magistrate Gary Zuhl. Judge Gutman's office can be reached at (937) 440-3936. Judge Kemmer's telephone number is (937) 440-3933 and Magistrate Zuhl's is (937) 440-3908. The operating hours of the court are 8:00 a.m. to 4:00 p.m., Monday through Friday. The Clerk of the Miami County Municipal Court is (937) 440-3918 and the fax number is (937) 440-3911. If you need to speak to the prosecutor, call (937) 440-3928. Please follow the links below for more specific information:

Miami County Government
Miami County Common Pleas Court
Miami County Common Pleas Rules of Court
Miami County Municipal Court
Miami County Municipal Court Rules
Miami County Muni. Ct. Public Access
Miami County Municipal Court Forms
Miami County Sheriff's Department
Troy Daily News

Charles M. Rowland II represents clients from all of the following areas of Miami County: Bradford, Casstown, Covington, Fletcher, Huber Heights, Piqua, Pleasant Hill, Potsdam, Tipp City, Bethel Township, Brown Township, Concord Township, Elizabeth Township, Lost Creek Township, Monroe Township, Newberry Township, Newton Township, Spring Creek Township, Staunton Township, Union Township and Washington Township.

View Article  Jury Instruction for "Under the Influence"
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.

This instruction is derived from State v. Hardy (1971), 28 Ohio St.2d 89, 276 N.E.2d 247.

View Article  Facts About the Dayton Municipal Court

The Dayton Municipal Court was created in 1913 by the Ohio State Legislature and began its judicial operation in 1914. The court serves the citizens of Dayton, Ohio and is located at 301 West Third Street at the coner of Third and Perry Streets.  Five full-time judges and two full-time Magistrates serve on the court.  You can find out more about the Dayton Municipal Court by visiting www.DaytonDUI.com or www.DaytonMunicipalCourt.com.  One of my favorite features on the site is the recently added "pay fines on-line" program.  If you find yourself facing a charge in this court please contact attorney Charles M. Rowland II at 937-879-9542 or 1-888-ROWLAND.

Court Building

View Article  North American Police Work Dog Association

The North American Police Work Dog Association (http://www.NAPWDA.com) was formed in 1977 and is composed of law enforcement officers throughout the United States and several other countries. Their mission is that they are Dedicated to Assisting Police Work Dog Teams Throughout the World. They conduct in-service training workshops in various states throughout the year and hold a major national workshop in a different state yearly. Officers and their K9's attend these workshops for problem solving, legal updates, new techniques in various phases of police work dog use and certifications to their standards.

If you have a drug case involving the use of a drug-sniffing dog, this may be a good place to look for standards, protocols and certification standards.  If anyone knows of any studies that support banning the introduction of evidence from these dogs, please contact Attorney Charles M. Rowland II at 937-879-9542.

View Article  Fact Sheet on Minorities in the Juvenile Justice System

The following fact sheet appears at http://www.juvenilecoalition.org/.  The conclusions drawn from numerous sources are chilling.

 FACT SHEET

MINORITIES ...   more »

View Article  Why Do We Drive on the Right?

According to Guinness: The Book of Answers:

'Of the 221 separately administered countries and territories in the world, 58 drive ...   more »

View Article  Diddy to Start Limo Service for Drunk Celebrities

Rapper/urban mogul wants to help keep A-listers from being arrested for DUI.

Sean ‘Diddy’ Combs wants to start a limousine service for celebrities to help keep them from being arrested for drunk driving. Combs said his recent involvement with the branding and marketing of Ciroc vodka led him to the idea. According to a spokesman for Combs, the rapper is interested in making sure everyone parties responsibly.

Combs, founder of Bad Boy Entertainment and host of MTV’s Making the Band, is said to be targeting ‘famous’ celebrities. Just last year, A-list celebrities such as Lindsay Lohan, Paris Hilton, Vivica A. Fox, Nicole Richie and Mischa Barton were charged with driving under the influence.

This article originally appeared on www.DUI.com without attribution to an author and/or other source.

View Article  Charles Rowland Responds to Smear

On March 17, 2008, the KBA PAC reached an all-time low.  Someone posing as me went onto an unmonitored blog-site run by the Dayton Daily News and made vile, juvenile, hurtful statements.  It was obviously an attempt to personally insult me as most of the statements were derogatory in nature.  Most of the insults were directed at me.  Any thinking person could see that these posts were not done by me and as soon as the Dayton Daily News found out about this incident, the bogus posts were removed.  The KBA-PAC, however, chose to send these messages as true postings made by me in an attempt to smear and embarrass. 

 

I want to make this clear:  I have never posted a message on the Dayton Daily News site and the offending blog posts were not made by me.  I have requested that the Dayton Daily News do an investigation to see who made these posts.

 

What we are left with is one of two possibilities.  Either the KBA leadership lacks the mental acuity to discern these were mean-spirited posts designed to insult me, or they don’t care about the truth and wish only to spin the story to smear a political opponent.  Having been on the receiving end of seven-plus years of this treatment, I have come to conclude that truth is the last thing the KBA- PAC is concerned with.  Nevertheless, I have never sunk to the level of responding…until now.

 

This is a dirty type of politics that has been unknown in Beavercreek prior to the KBA-PACs arrival.  Despite running one of the most vitriolic races in recent history, not one KBA-endorsed candidate was elected.  They have now resorted to personal insult and politics by sucker-punch.  I, for one, think that Beavercreek has grown tired of their game and that this latest trick should provide further proof of their failed agenda.  How long are we going to give people like this credibility?  Beavercreek is better than this! 

 

Charles M. Rowland II

View Article  US Supreme Court in historic hearing on gun laws

by Kerry Sheridan (Yahoo News) http://news.yahoo.com/s/afp/20080318/ts_afp/usgunsweaponsjustice

WASHINGTON (AFP) - The right of Americans to keep guns will be tested in ...   more »

View Article  Need a Hangover Cure? (www.hungover.net)

Here are the top ten HANGOVER CURES from the good folks at www.Hungover.net.

SEE THE DOCTOR
Our local doctor writes, "As a lay MD, I prescribe for you head-holding sorry lot, 500-1000 mgs aspirin, a rehydrating sports drink like Gatorade, and one 25 mg Dramamine (Dimenhydrinate) tablet which will drive vertigo, nausea, and Satan himself from yer gulliver."
PAPILION STYLE
We like Papilion's style. He says "lots of fresh home made orange juice (usually 3 oranges and 1 lemon) then a nice long shower and then lots of sex :)"
EXCEDRIN MIGRAINE
Caset Rae reckons "the miracle cure is Excedrin Migraine. Its got a little bit of caffeine, pain reliever and anti-nausea medicine. It'll have you feeling better in 30 min."
MONKEY BUSINESS
Ronan from Ireland says, "eat a bananna as they contain potassium which is guaranteed to revitalise your body after a heavy session."
COLLECT THE CAPS
Bill from Bondi, Australia says, "When I'm out on the squirt I take the top from every beer I drink and put it in my pocket. When I get home i count the caps and that's how many glasses of water I gotta get through. Works even better when you're seeing double."
PEDIALITE POPSICLES
Improving on Pedialite is Mr Drunk C. Bum. "Pedialite works great but it tastes awful. Try Pedialite Popsicles. They taste better, have the same effect and work just as quickly. It's also easier to keep the ice down when you are feeling sick and it's nice and cold to help your pounding head."
SECRET WOMENS' BUSINESS
Michelle Hebert, from Houston in Texas, has a cracker idea. She says "Premium P.M.S. pills work within 20-25 minutes. They cure a headache, nausia, diarrea, and light headedness. I'm not sure what it will do to the guys, but it works wonders for women."
SWEAT IT OUT
Paavo says, "Here in Finland, many people say that taking a nice, long and hot sauna session kicks the H.O away." Follow up with a massage and spa.
THE 5 MINUTE CHALLENGE
Crazy Monkey Man says: "My trick for not getting a hungover is to drink at least 5-6 full glasses of water when i'm at my most drunk, right before I pass out. This way I'm not dehydrated, and I enjoy seeing how many glasses of water I can drink in under 5 minutes."
CALL A PARAMEDIC
Ann Cash is lucky. She's a paramedic and she says, "when I've been out all night on a drunken adventure we practice our IV skills on one another and fill up with some IV fluid! Great on the rehydrating scale, but bad on the pain scale, especially when you miss the vein! You can completely rehydrate yourself within one hour!" If only we had access to such advanced hangover technology.

View Article  Happy St. Patrick's Day

Happy St. Patrick's Day!

From Brown, Rowland & Kelly

View Article  Fingerprint Technology Studied for Detection of DWI

Lumidigm, a New Mexico company, has developed fingerprint sensor that detects blood alcohol content (BAC) in suspected drunk driving cases.

Finger Print BAC TechnologyLumidigm, based in Albuquerque, has developed a unique technology that can be used for detection of drunk driving in New Mexico. They initially designed a light-based scanner that takes three-dimensional images of fingerprints. The sensors, however, can be adjusted to test for the presence of alcohol emanating from the skin.

The company has been testing the handheld equipment with the help of the Bernalillo County Sheriff's Department. Darren White, speaking on behalf of the sheriff’s department, is encouraged by the potential of a new tool to determine if a motorist is driving while intoxicated. He felt the evidence gathered would also improve the prosecution’s chances of securing a conviction for DWI.

In the current United States Defense Appropriations Act, two million dollars were allocated for the development of a handheld fingerprint scanner. The technology is then expected to enter the private law enforcement sector.

Matthew Ennis, an executive with Lumidigm, projects the use of biometric technology in automobiles within a few years that can provide security and detect elevated blood alcohol content.

THIS ARTICLE APPEARS ON WWW.DUI.COM AND APPEARS WITHOUT ATTRIBUTION TO AN AUTHOR

View Article  Mothers Against Drunk Driving Calls for Interlock Ignition Devices

Statement of Attribution to Andrea C. Rehkamp, Executive Director, MADD Southwestern Ohio Affiliate

(COLUMBUS, Ohio) – February 21, 2008 – ...   more »

View Article  Posting Bond: Kettering Municipal Court Rules

The Kettering Municipal Court website, www.http://www.ketteringmunicipalcourt.com/index.php?page=posting-bond has some great information on posting a bond, types of bonds (cash or surety) ...   more »

View Article  Court rules smoking ban is constitutional

View Article  Rationalist Quote of the Week
"If we can't think for ourselves, if we're unwilling to question authority, then we're just putty in the hands of those in power. But if the citizens are educated and form their own opinions, then those in power work for us. In every country, we should be teaching our children the scientific method and the reasons for a Bill of Rights. With it comes a certain decency, humility and community spirit. In the demon-haunted world that we inhabit by virtue of being human, this may be all that stands between us and the enveloping darkness."
Carl Sagan
View Article  Charlie Earns Forensic Sobriety Assessment Certificate

Today, with the help of Dr. Steven Rubenzer, I passed my Forensic Sobriety Assessment Test and became the first attorney in the State of Ohio to earn my FSA Certification.  This new certification seeks to go one step beyond the NHSTA "agenda driven" science and calls for the Standardized Field Sobriety Tests to be held up to scientific scrutiny.  Dr. Rubenzer is the first person to publish a peer reviewed article on the SFTs entitled: The Standardized Field Sobriety Tests: A Review of Scientific and Legal Issues.  For the DUI practitioner, this article appears in Law and Human Behavior.  As I learn more I will post on these topics.

View Article  Domestic Violence Shelters in Ohio

Listed below are the domestic violence shelters in ohio and ways to reach them.  If you or a loved one ...   more »

View Article  States Eye Lowering Drinking Age

Vermont latest to eye lower drinking age
By JOHN CURRAN Associated Press Writer

More than two decades after the country ...   more »

View Article  Case Information in the Miamisburg Municipal Court

If you want to look up information on a case in the Miamisburg Municipal Court, go here: http://64.56.106.117/connection/court/

 

View Article  Information on the Horizontal Gaze Nystagmus

Nystagmus Terms at a Glance

Vestibular nystagmus: caused by movement or action in the vestibu1ar system (inner ear); four kinds: rotational, post-rotational, caloric and positional alcohol

Rotational nystagmus: occurs when a person is spun around

Post-rotational nystagmus: occurs when a person stops spiruring around

Caloric nystagmus: occurs when liquids of varying temperatures are put in opposing ear canals

Positional Alcohol Nystagmus: caused when alcohol alters the specific gravity of the blood versus the vestibular fluid

Neurological nystagmus: consisting of optokinetic, physiological and gaze nystagmus

Optokinetic nystagmus: occurs when eyes fixate on objects that suddenly move or when eyes view sharply contrasting images

Physiological nystagmus: naturally occurring to avoid eye strain; normally too subtle to observe

Gaze nystagmus: occurs when a person's eyes move from a center position; three types: horizontal, vertical and resting

View Article  The More You Know...

It is legal to have a drink and drive.  However, most of us know that an "odor" of an alcoholic beverage can lead to all sorts of problems.  I have represented clients who have tried all types of masks when they are pulled over by police officers.  Often, to avoid the hassle of field sobriety tests and the distinct possibility of an arrest, they will light a cigarette or cigar, chug mouthwash, or put in gum.  Other more interesting tricks include chewing on a raw potato, putting pennies (or nickles) in your mouth or biting your lip until it bleeds. 

Experienced officers will tell you that most of these "tricks" are easy to recognize and not all that effective.  Jif to the rescue!  Peanut butter, according to officers, is the best masking agent for the "odor" of alcohol.  So keep a package of peanut butter crackers in the car or have a peanut butter sandwich with your coffee before you leave the bar.