"WORK HARD, PLAY BY THE RULES, NEVER QUIT!"
View Article  Trial Lawyer's Quote of the Week

Magic, it must be remembered, is an art which demands collaboration between the artist and his public.

E.M. Butler (1948)

View Article  Redflex Battles Anti-Speed Camera Votes in Ohio
Chillicothe advertisementAs Redflex Traffic Systems fights a shareholder revolt at home in Australia, the speed camera vendor is simultaneously battling a public revolt against photo ticketing in two Ohio cities. Next Tuesday residents of Chillicothe and Heath will have the opportunity to vote on citizen-led initiatives that would ban the use of red light cameras and speed cameras. Redflex has poured substantial cash into an advertising blitz covering both towns.

"Vote NO on Issue 5 and keep Heath safe," read a Redflex brochure sent to Heath voters this week. "In the last four months alone, at enforced intersections in Heath... red light running has reduced by almost half... 90 percent of speeders are not Heath residents."

Duane Goodwin, who helped put the referendum on the city ballot, insisted that the Redflex numbers regarding the cameras' safety benefit were bogus. He cited Redflex traffic counts that showed 58,754 fewer automobiles had traveled on camera-monitored roads -- a 27 percent decrease in traffic -- as a result of out-of-town motorists avoiding the cameras by shopping elsewhere.

"Our little town revolves around business," Goodwin said. "It's a crushing blow."

A survey of six national chain stores that operate in Heath as well as nearby Lancaster and Zanesville showed that Heath sales were off nearly 14 percent compared to a 2 to 3 percent drop in the other cities.

Redflex has fought back against the citizen initiative in Chillicothe with an even more aggressive advertising campaign. In addition to mailing a version of the Heath brochure with one new photograph and the city name replaced, Redflex enlisted Police Chief Roger Moore as the company's spokesman in a radio promotion. Moore told voters that approving the initiative would result in a total ban on the use of radar guns and other commonly used police equipment.

"The language is pretty clear," Moore explained in an interview with WBEX radio. "I just can't see a scenario where a police officer is running radar and he can stop a car in one location, freeze them in time, go to that vehicle and write a citation. Without that happening they would be in violation of this proposed change."

Rebekah Valentich, head of the group Citizens Against Photo Enforcement (CAPE), rejects Moore's interpretation and wonders whether it is ethical for an appointed city official to appear in a commercial meant to influence an election for the financial benefit of a foreign corporation. A review of the proposed referendum language suggests it would allow the use of radar as long as "a law enforcement officer" presents the ticket to the alleged offender (view initiative text).

Compared to the resources available to Redflex to defend its multi-million dollar contracts, the citizen opponents must make do with a less well-financed response. CAPE has purchased a small newspaper advertisement along with twenty radio spots in Chillicothe -- despite a failed effort by Redflex to buy all available airtime. In Heath, Goodwin happens to be owner of the Dr. Signs sign-making shop. Goodwin says the city's business owners and residents across the entire city have been more than happy to put anti-camera signs on their property. At the end of the day, Goodwin believes his cause will succeed.

"I'm faithful," Goodwin told us. "As mad as people are and as bad as business is hurting, I can't believe we'll be the first people to keep them."

No city has ever voted in a referendum to keep photo enforcement. A copy of the Redflex campaign ads can be found in a 700k PDF file at the source link below. Source
View Article  Halloween Checkpoint in Beavercreek
The Greene County OVI sobriety checkpoint will be 10 p.m. to 3 a.m. Thursday, Oct. 29, on North Fairfield Road, between Kemp Road and Lakeview Road in Beavercreek. 

The OVI sobriety checkpoint, funded by fines from impaired drivers and other federal funding, is planned to deter and intercept impaired drivers.

The patrol will work with the Greene County Sheriff’s Office and the Beavercreek Police Department during the event. The checkpoint will be held in conjunction with nearby saturation patrols to aggressively combat alcohol-related injury and fatal crashes.

View Article  Legalization Coming?

With the Obama administration's decision not to prosecute medicinal marijuana dealers and users, even though they violate federal law, the country is "probably in the process now of legalizing marijuana," conservative columnist George F. Will said today.

Speaking on ABC's "This Week with George Stephanopoulos," Will compared what has been happening with marijuana with the gradual changes in laws regarding alcohol, gambling and even prostitution.

"We have legalized gambling in this country over two generations. It used to be considered a sin and a crime. With no national debate, and no decision moment, we just did it," Will said. "We legalized prostitution as anyone who opens a telephone book and looks under 'escort' can tell you. And we may be doing, probably in the process now of legalizing marijuana."

It is not just the new Obama administration policy on marijuana, but the expanding definitions of medical applications for the drug in the growing number of states that allow pot to be grown, sold and used as a treatment for various conditions.

"Now medical use can be marijuana to cure anxiety, to cure insomnia, all the rest," Will said.

View Article  US SCt decision on DUI stops (Christian Science Monitor)

Supreme Court declines to set rule on drunk driving stops
By Warren Richey
Christian Science Monitor

RICHMOND, Va. — The ...   more »

View Article  Pre-Halloween OVI Checkpoint

The Ohio Highway Patrol will hold a low-manpower, multi-agency OVI sobriety checkpoint in Greene County on Thursday, Oct. 29.  The OVI sobriety checkpoint, funded by federal grant funds, is looking for impaired drivers.  The location of the checkpoint will be announced Thursday morning.

View Article  Criminal Defense Attorney Quote of the Week

Trust a witness in all matters in which neither his self-interest, his passions, his prejudices, nor the love of the marvelous is stongly concerned. When they are involved, require corroborative evidence in exact proportion to the contravention of probability by the thing testified.

Thomas Henry Huxley (1825-95)

View Article  Sobriety Checkpoints Tonight?

I have checked with WHIO News, the Greene County Ohio State Highway Patrol Post, the Montgomery County Ohio State Highway Patrol Post, the Clark County Ohio State Highway Patrol Post, the Greene County Sheriff and all the other media sources.  All report that there will be no sobriety checkpoints this weekend (Oct 23-25). 

You can keep abreast of all checkpoints in the Miami Valley by following me on Twitter: www.twitter.com/CharlieRowland.  Have a safe weekend.

View Article  OH SCt. Allows Anti-Speed Camera Referendum

Ohio Supreme Ct Clears Anti-Speed Camera Referendum for Vote
Chillicothe, Ohio residents will retain the right to vote out speed ...   more »

View Article  Prohibition: The Failed Experiment (from Youtube)

View Article  New Drug Policy from the Obama Administration

AP - Federal drug agents won't pursue pot-smoking patients or their sanctioned suppliers in states that allow medical marijuana, under new legal guidelines to be issued Monday by the Obama administration.  See full story here:

http://news.yahoo.com/s/ap/20091019/ap_on_go_pr_wh/us_medical_marijuana

View Article  Gun Show Loophole

I support the 2nd Amendment, but this is ridiculous.

View Article  No Checkpoints Tonight!

I have checked with WHIO News and with the Greene County Ohio State Highway Patrol Post. Both report that they have no news of a DUI/OVI checkpoint this weekend.  Be safe and have a celebratory weekend.  Make sure to visit Johnathan Dayton tonight at Newcome's Tavern in the Oregon District.  Find me and get a free drink ticket.

 

View Article  Ohio Supreme Court Criminalizes Breathalyzer Refusal (from www.thenewspaper.com)
Supreme Court of Ohio upholds the imposition of criminal sanctions on drivers who refuse to take a breathalyzer test.
The Supreme Court of Ohio last Wednesday voted 4-3 to impose criminal sanctions for the first time on a motorist exercising his right to refuse to submit to warrantless testing after being accused of driving under the influence of alcohol (DUI). Until recently, the only sanction imposed for such refusal was administrative.

The decision came down in the case of Union County resident Corey Hoover who had been pulled over by Deputy Kelly S. Nawman on September 8, 2006. Nawman testified that Hoover's tire crossed over the center line of the road, that he smelled of alcohol and that he performed poorly on field sobriety tests. Nawman arrested Hoover and asked him to perform a breathalyzer test at the sheriff's office. Hoover refused.

In 2004, the Ohio legislature "enhanced" the criminal penalty for anyone with a prior DUI conviction who refused to take a breath test upon the demand of a police officer. As a result, Hoover was sentenced to serve the minimum twenty-day jail term set by the enhanced penalty statute. Had he not exercised the refusal option, Hoover's sentence would have been reduced to just ten days in jail. The majority insisted that imposing criminal sanctions in this way did not violate the Fifth Amendment protections against self-incrimination and double jeopardy or the Fourth Amendment protection against warrantless searches.

"It is crucial to note that the refusal to consent to testing is not, itself, a criminal offense," Justice Judith Ann Lanzinger wrote for the majority. "The activity prohibited... is operating a motor vehicle while under the influence of drugs or alcohol. A person's refusal to take a chemical test is simply an additional element that must be proven beyond a reasonable doubt along with the person's previous DUI conviction... Asking a driver to comply with conduct he has no right to refuse and thereafter enhancing a later sentence upon conviction does not violate the constitution."

The high court pointed out that only the license suspension penalty would be imposed on a driver who refused a breath test but was not convicted of DUI. Three justices disagreed with this analysis, insisting the majority was indeed criminalizing the exercise of a constitutional right.

"The issue here is whether the state can criminalize a person's failure to consent to a warrantless search, or in other words, to force a consent to search through the coercive power of threatened jail time," Justice Paul E. Pfeifer wrote in the dissent. "Imposing criminal sanctions for failure to consent goes far beyond the state's power... to regulate the licensure of drivers. The statute at issue herein imposes a codified dilemma -- consent to a warrantless search or face the possibility of a criminal penalty -- and thus amounts to coercion. [The statute] therefore violates defendants' rights under the Fourth Amendment to the United States Constitution and Section 14, Article I of the Ohio Constitution."


A copy of the decision is available in a 65k PDF file at the source link below.Source: PDF File Ohio v. Hoover (Supreme Court of Ohio, 9/30/2009)
View Article  Top Beer Drinking Countries

What country tops the list of beer drinking countries?  It's not the US.  Visit Beer Info to find out who drinks the most.

http://tinyurl.com/yzxn7ad

View Article  ACLU Renews Call for Moratorium on Executions
CLEVELAND- The American Civil Liberties Union of Ohio renewed its call on Governor Strickland to put an immediate halt on ...   more »
View Article  Court Sides with ACLU in Religious Freedom Case

Federal Court Orders Judge to Remove Display that Unfairly Promotes One Religion Over Others

MANSFIELD, OH- The American Civil Liberties ...   more »

View Article  Biography of Charles M. Rowland II

BIOGRAPHY OF CHARLES M. ROWLAND II

 

Charles M. Rowland II maintains an established DUI/OVI and criminal practice, representing the accused drunk driver in State and Federal Courts in the Miami Valley and throughout Ohio. Since 2005, Charles Rowland has dedicated his practice exclusively to representing the accused drunk driver and has worked to amass more credentials than any attorney in his field.

 

DUI/OVI CREDENTIALS Charles served as the Xenia City Prosecutor and has served as a “Special Prosecutor” on high-profile felony cases.  Charles is a proud member of the National College for DUI defense and in 2006 attended the intensive seminar on DUI law at Harvard University.  National Patent Analytical Systems has certified Charles Rowland in the operation, diagnostic verification and calibration of the BAC DataMaster Breath Alcohol Testing Instrument, the most commonly used breath testing instrument in Ohio for DUI / OVI arrests. In 2007, Charles Rowland was the first attorney in the State of Ohio certificated on the Intoxilyzer 8000 breath testing machine.  In 2009, Charles Rowland attended the National College for DUI Defense 16th Annual Scientific Evidence Seminar where he received training on the Intoxilyzer 5000.  Charles M. Rowland II was the first attorney in the United States to earn a certificate in Forensic Sobriety Assessment. FSA certification requires proficiency in the scientific principles and research relating to sobriety testing in a DUI/OVI stop.  It subsumes the NHTSA training (knowledge of the NHTSA manual is required) and greatly extends it.  In 2009, Charles M. Rowland II will be an attendee in the most current NHTSA approved SFST training curriculum. This is the same NHTSA SFST training course that law enforcement officers are trained in nationwide and testify to in court.

 

CREDENTIALS BEYOND THE COURTROOM In addition to awards and certificates, Charles M. Rowland II has a wealth of real-life experience.  He was the 2004 Ohio State Bar Foundation recipient of the Community Service Award for Attorneys under 40 years old. In 2005, Charles Rowland was given the singular honor of being named a Fellow of the Ohio State Bar Foundation. In 2006, Charles Rowland presented a seminar on standardized field sobriety testing before the Greene County Bar Association.  Twice-elected to the Beavercreek City School Board, Charles M. Rowland was a co-recipient of the 2006 Beavercreek Chamber of Commerce Public Education Award.  Charles also served as President of the Board of Directors of TCN-BHS, Greene County’s Drug and Alcohol provider from 2003-2005.  In 2008, he contributed to a revision to Anderson’s Ohio Civil Practice along with the judges of the Greene County Common Pleas Court.  He has also been a Wright State University Visiting Professor of Political Science for the University Honors Department.  Charles Rowland has appeared on television, radio and in newspapers, authoring DUI-related articles for the popular "Ask an Attorney" section of the Xenia Daily Gazette, the Beavercreek News Current and the Fairborn Daily Herald.  

 

EDUCATION Charles Rowland is a 1988 graduate of Beavercreek High School and a life-long resident of Beavercreek, Ohio. He graduated magna cum laude from Wright State University in 1992, earning a Bachelor of Arts degree in Political Science and a minor in Sociology with a concentration in Criminology. Charles earned the degree of University Honors Scholar with Honors from the Political Science Department, received the Academic Letter Award for earning Outstanding Attorney Awards in the WSU Mock Trial Programs, was awarded Phi Kappa Phi distinction and was selected to represent Wright State University as a Student Ambassador to the People's Republic of China.

 

Charles M. Rowland II was awarded the H. E. Ashcroft Memorial Scholarship to attend Ohio Northern University's Pettit College of Law. While in law school, Charles studied International Law and European Economic Community Law at the University College London, Bentham Faculty of Laws. As an L-2, Charles was a finalist at the National Tax Moot Court Competition in Houston, Texas.  For his efforts he was chosen to serve as an Associate Justice of the Ohio Northern Moot Court Program.  Charles Rowland was named to the prestigious Order of the Barristers for excellence in appellate advocacy. He graduated in the top 25% of his class in 1995 and returned to the Miami Valley to begin his practice.

 

 

BROWN, ROWLAND, BABB & CAMPBELL One of Greene County’s biggest and most dynamic firms, Brown, Rowland, Babb & Campbell offers a full array of client-centered services.  Charles M. Rowland II, (www.CharlesRowland.com) Managing Partner, provides aggressive defense to the accused drunk driver.  Richard Brown, of counsel, concentrates his practice in the field of Elder Law.  Mark Babb, (www.MarkBabb.com) Senior Partner, is one of the Miami Valley’s most recognized criminal defense attorneys.  Patricia Campbell (www.OhioDivorceAttorney.com) is a credentialed and dedicated family law practitioner.  Zachary Bushatz (www.OhioBankruptcyAttorney.com) concentrates his practice on Bankruptcy Law.  The firm is proud to offer services in Personal Injury, Medical Malpractice, Consumer Law and Employment Law.  Whatever conflicts life may bring, we at Brown, Rowland, Babb & Campbell are prepared to stand by your side.  If you are in need of an aggressive litigation-oriented firm, call BRB&C today at 937-879-9542 or 1-888-ROWLAND.

View Article  How To Fail a Breathalyzer Test! (Firday Video of the Week)

View Article  Plea Bargaining Quote of the Week!
Cannibals prefer those who have no spines.
Stanislaw Lem
View Article  Health Care Reform Quote of the Week!

Why do we need a public option?

I got the bill for my surgery. Now I know what those doctors were wearing masks for. James H. Boren

View Article  Defenses to a DUI/OVI

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.

View Article  Upholding the 4th Amendment is as American as...

View Article  Understand Your DUI/OVI Charge
The term OVI (Operating a Vehicle while Impaired) is the latest acronym for the universally understood DUI; they mean the ...   more »
View Article  10 FAQs About ALCOHOL, Health and the Law

Alcohol: Also known by its scientific name “ethanol”, alcohol is a colorless, volatile, and pungent solvent in liquid form found ...   more »

View Article  DUI NEWS: Drunk Driving with Ambien?

Ambien and Sleepwalking Risk

Tuesday, March 14, 2006 (http://www.washingtonpost.com/wp-dyn/content/article/2006/03/13/AR2006031301315.html)

· Sleep researchers have reported an unusual number of incidents of sleepwalking in people taking Ambien, the top-selling sleep aid in the U.S. The Food and Drug Administration has received similar reports. Some incidents involve eating or driving while asleep; some have led to criminal charges. No conclusive link between the drug and the incidents has been established.

· Ambien maker Sanofi-Aventis says the side effect is rare and the medication is safe and effective when used as directed. The label strongly cautions patients not to use alcohol while taking the drug.

· Sleep specialists recommend patients seeking treatment for sleep problems discuss concerns with a physician and consider non-drug treatments first. They advise people taking Ambien be alert to the risk of sleepwalking incidents and to report all side effects to their doctor.

View Article  Personal Injury News

The law firm of Brown, Rowland, Babb & Campbell is proud to announce the launch of three new web sites which will provide valuable information to anyone dealing with an injury.

www.Ohio-PersonalInjury.com

www.Ohio-MedicalMalpractice.com; and

www.Ohio-WrongfulDeath.com

These sites provide information on Ohio's complex personal injury laws and on how to best choose an attorney to fight your case.