"WORK HARD, PLAY BY THE RULES, NEVER QUIT!"
View Article  DUI Resources (from Forensic Sobriety Assessment)

NHTSA and Prosecution Materials

*National Highway Traffic Safety Administration, U.S. Dept. of Transportation (1984/2006). DWI Detection and Standardized ...   more »

View Article  What is Alcoholism?

What is alcoholism?

Alcoholism, also known as alcohol dependence, is a disease that includes the following four symptoms:

  1. Craving--A strong ...   more »
View Article  MADD wants .05 BAC!

Mothers Against Drunk Driving (MADD) supports legislation setting the illegal blood alcohol content (BAC) limit for adult drivers who have ...   more »

View Article  DUI Clients: Get Rid of Your My Space Site
The latest trend making the rounds on DUI-related chat boards are rumors of prosecuting attorneys using Facebook and My Space pages/posts to blindside defendants at sentensing.  Apparently, some people who plead guilty have gone onto these sites and detailed how they are breaking probation and/or not following the court-ordered "no alcohol" policy.  This should be something to go over with the typical DUI client who is of an internet generation in a way  most "seasoned" DUI attorneys are not.  Just as we say on this site: "Please do not post anything you would not want your grandmother (or the judge) to see."  If you find yourself in need of a DUI attorney, please contact Charles M. Rowland II at 937-879-9542 or 1-888-ROWLAND.
View Article  Trial Lawyers Quote of the Week

"If ye love wealth greater than liberty, the tranquility of servitude greater than the animating contest for freedom, go home from us in peace. We seek not your counsel, nor your arms. Crouch down and lick the hand that feeds you; and may posterity forget that ye were our countrymen." --

Samuel Adams

View Article  Information on DUIs and Insruance from About.com

How Does a Drunk Driving Conviction Affect Your Insurance?

If you are convicted of drunk driving, in most states your automobile ...   more »

View Article  What if the Election was Today?

Here's is what the election would look like if it were held today.  Obama: 292 (winner); McCain: 195 (red states) and Ties: 51.  The greatest site for following the horse race is www.electoral-vote.com

View Article  Ohio State Troopers Cheat on DUI Exam

'The Ohio State Highway Patrol does not tolerate inappropriate behavior." Col. Richard Collins, patrol superintendent, said this in April before ...   more »

View Article  The Bloodsuckers Have Won (watch for them...)

Governor Ted Strickland is expected to sign legislation that will give police greater powers to force a blood or urine sample from certain motorists. The bill would allow police to demand samples from drivers who have been convicted of driving under the influence in Ohio two or more times.

Under current Ohio DUI laws a warrant must be obtained from a judge if the motorist declines to submit a blood sample. The new bill would make the blood draw a requirement even without a warrant. Opponents of the plan point out that a repeat DUI offender could be stopped for any traffic infraction, not just suspicion of drunk driving, before being asked to submit a blood sample. Those states that have provisions for warrantless blood draws usually limit the action to situations where a driver involved in an accident involving an injury or fatality is suspected of impaired driving.

The Ohio chapter of the American Civil Liberties Union is expected to challenge the new law on the basis of constitutionality.

View Article  George Will: Beer Equals Civilization (www.WashingtonPost.com)

Survival of the Sudsiest

By George F. Will

Thursday, July 10, 2008; Page A15

Perhaps, like many sensible citizens, you ...   more »

View Article  Our Schools Today

Recently a group of police officers entered El Camino High School in Ocenside California and announced that several popular kids had been killed over the weekend by a drunk driver.  Most students wept, some became hysterical.  The problem?  This was all a cruel hoax.  Apparently the callous school administration adopted the MADD position that no scare tactic is over the top when drunk driving is involved.  The school counselor who dreamed up this violence defended the program by saying that it had the intended impact.  This augments the decades old theatre performance where our kids are trotted out of class to see two popular kids splayed across a wrecked car covered in blood.  Here, the students were understandably outraged.  If you are not outraged please let me know how you would feel if it were any other issue that the young adults were terrorized with: AIDS, domestic violence, negligent cell phone use, swimming without a life guard? 

 

Source: Dayton Daily News, June 13, Associated Press article by A. Hoffman.

View Article  Fair Discovery (A Cleveland Plain Dealer Article)

It's time for a fair playing field: Regina Brett

Wednesday, July 09, 2008

Regina Brett

Plain Dealer Columnist

The Holliman ...   more »

View Article  Traumatic Brain Injury

Often, a DUI offense will stem from a one-car traffic accident.  Officers arriving on the scene see someone who is ...   more »

View Article  Holiday DUI suspects risk forced blood test
Holiday DUI suspects risk forced blood test -- Court's OK likely if breath exam is refused
Thursday,  July 3, 2008 ...   more »
View Article  Happy Fourth of July -- God Bless America

Trial lawyers are a lucky breed.  We get to spend our lives talking to juries about the magesty of our Constitution. More than others we get to see how ideals matter and how fragile our system really is.  For the majority of my life I have seen my leaders fight hard to uphold the Constitution.  While I may have had political differences with a politician, I have never actually feared that one group was actually a threat to our core American values.  I now fear for our Constitution.

As you enter your holiday weekend, please spend some time asking what kind of country do we deserve.  Do we need habeas corpus?  Do we want random traffic stops without probable cause?  Do we want weakend privacy rights and a wholesale abandonment of the 4th Amendment?  Do we stand for pre-emptive war?  Should our government spy on its citizens?  Does a flag on your lapel, a yellow magnet on your SUV or a God Bless the USA CD mean you are more or less patriotic than the person sporting a weatherbeaten peace sign on his '82 VW? 

I love my country and I wish any person who may come upon this blog a safe and happy 4th of July.  God bless the United States of America.

View Article  What do I do after my case to protect my license?

Dealing with the Ohio Bureau of Motor Vehicles can be a nightmare. So, you will want to avoid problems before they rear their ugly heads. Don't worry! You can make this as painless as possible by following these simple rules.

1. Make sure the BMV knows how to reach you. The burden is upon you to notify them of any address change. Courts will accept their statement that they sent you information at your last known address as valid even if you did not get it. You can apply for an address change on line at https://www.dps.state.oh.us/bmv/VehSetID.aspx.

2. Make sure the court knows how to reach you.  As with the BMV, the court will send valid notices to your last known address.  Not keeping this information current can be disastrous.  If your probation officer cannot reach you, he/she may issue a warrant for your arrest.

3. Follow the rules!  If you are required to attend a weekend intervention program and/or sign up for treatment, please do so.  Not attending a program and/or missing a schedule evaluation usually results in a letter being sent to the court.  The court, in turn, schedules a hearing on why you have disobeyed.  The hard work of your attorney can be undone.  It is also important to realize that most weekend intervention programs run on a tight schedule.  They can and will lock you out of the program for being late.

4. Follow all the rules!  It is much easier for your attorney to obtain a new driving privilege order than to defend you for driving under suspension.  Please drive only on valid privileges. If your job and/or hours change, make sure the changes are reflected on your order.  You should also only drive at the time and to the location provided for in your order.

5. Show proof of insurance to everyone, all the time, every where…at least twice.  The police officer can mark proof of insurance.  Your attorney can show proof of insurance prior to the disposition of your case.  The judge can mark proof of insurance on the file and the proof can be maintained in the file.  However, the BMV should be sent a separate notice of proof at least two weeks prior to filing for reinstatement.

6. Pay your reinstatement fee.  At least two weeks prior to the end of your suspension arrive at the BMV with your proof of insurance and your reinstatement fee.  I have abandoned giving the advice to mail it in.  Suck it up and go to the BMV in person.  You are likely to have proof that day and all issues will be solved.  You are not valid until the reinstatement fee is paid.

7. Pay your court fees and costs on time.  Failure to do so may result in jail time, driving suspensions and/or monetary fines.  The failure to pay fines may also impact your probation.

8. Renew your license on time even if you are under suspension.  Many times people will avoid paying the renewal during a suspension.  This is not a good idea.  To be valid at the end of your suspension, you must have a valid license.  Unwittingly, you may put yourself in the awful position of having to re-test.

9. If you need identification during a DUI case, please contact the BMV for a "temporary" i.d.  Do not under any circumstances get a state issued

View Article  City Caught Misleading Citizens on Red Light Camera Violations
Earlier this year, Middletown, Ohio trumpeted a drop in red light camera violations as a sign that the safety program has been a great success. The Middletown Journal newspaper reported today that this may not be true and that the drop in violations may be explained by factors unrelated to any improvement in driver habits. The city consistently told reporters that the drop in violations was proof of an increase in safety. In February, for example, WCPO-TV reported the following: "Back in Middletown, Major Mark Hoffman says the number of drivers running red lights is down, and he says that means that their mission is accomplished. 'It's been nearly three years since you put the first cameras up,' Major Hoffman said. 'I think the program has been a success.'" From April to December 2005, there were 5708 tickets issued or 20.8 per day. In 2006, there were 5732 or 15.7 per day. In 2007, there were 5415 or 14.8 per day. This year, January through May shows just 1844 tickets or 12.2 per day. The big drop started in May 2007 when the German company Traffipax bought out the camera ticketing contract from Peek Traffic. Since then, one of the city's eight cameras has been out of service and unable to issue any tickets. The city has also complained that the new vendor has kept poor records of both accidents and tickets. The city was also outraged when revenue plunged from $142,250 in 2006 to just $107,518 in 2007. Anticipating a greater drop this year, the city council earlier this month even considered dropping the program. The Middletown Journal reports that city officials have now been convinced to save the program by hiring a new company to take control of ticketing.
Source: Drop in red-light citations is misleading (Middletown Journal (OH), 6/29/2008) and www.thenewspaper.com