Charles M. Rowland II, DUI/OVI BLOG

Welcome to the Charles Rowland Blog

Charles Rowland — Tue, 02 May 2006 14:46:05 -0400

This blog will focus on issues relating to my DUI/OVI, criminal and appellate legal practice. It is my hope that some of the postings will answer your questions and provide you with a framework to choose an attorney and fight your case! As with my websites and other published material, you will see my philosophy on the law (and life). Contact me at: CharlesRowland@CharlesRowland.com. Please also visit my web sites for topic-specific information: www.CharlesRowland.com, www.OhioDUIdefense.com, www.DrivingUnderSuspension.com, www.OhioSpeedTrap.com, www.RecklessOperation.com, and www.OhioConsumerAttorney.com. You can reach me at 937-879-9542 or 1-888-ROWLAND. For the convenience of our clients we have also added an after-hours DUI Hotline: 937-776-2671. Thanks again for stopping by.

Rationalists Quote of the Week

Charles Rowland — Fri, 16 May 2008 14:08:38 -0400

...when two opposite points of view are expressed with equal intensity, the truth does not necessarily lie exactly halfway between them. It is possible for one side to be simply wrong.

-Richard Dawkins-

Roads are Safe and Getting Safer

Charles Rowland — Thu, 15 May 2008 15:48:08 -0400

Your chances of getting hit by a sober driver rather than a drunk driver are forty to one (40:1), and our roads are getting safer all the time. (Source: Prof. David J. Hanson, Ph.D., Sociology Department, State University of New York, Potsdam, NY). http://www2.potsdam.edu/hansondj/index.html

California Supreme Court Overturns Ban on Gay Marriage

Charles Rowland — Thu, 15 May 2008 15:13:04 -0400

Today the California Supreme Court overturned a voter-approved ban on gay marriage. In striking down the ban 4 to 3 the justices rules that the limited rights of a domestic partnership would not substitute for the rights afforded by marriage. "Today the California Supreme Court took a giant leap to ensure that everybody — not just in the state of California, but throughout the country — will have equal treatment under the law," said City Attorney Dennis Herrera, who argued the case for San Francisco. (Quote taken from the AP story by Lisa Leff). The rights could be taken away swiftly if California voters approve a constitutional amendment being offered by a coalition of conservative forces.

Justice O'Connor Testifies on Alzheimer's Disease

Charles Rowland — Thu, 15 May 2008 12:04:14 -0400

WASHINGTON (Reuters) - Retired U.S. Supreme Court justice Sandra Day O'Connor made a rare public appearance on Wednesday with emotional ...

10 FAQs About ALCOHOL, Health and the Law

Charles Rowland — Tue, 13 May 2008 14:31:09 -0400

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

Congratulations to Ohio Northern University, Pettit College of Law

Charles Rowland — Tue, 13 May 2008 14:17:31 -0400

ONU Law Graduates All Pass February Ohio Bar Exam on First Attempt

*/ --...

Joke O' the Week

Charles Rowland — Fri, 09 May 2008 14:22:10 -0400

A drunk man stumbles upon a baptism on Sunday down by the river. He walks down into the water and stands next to the Preacher.

The old preacher stops his sermon, turns and notices the drunk and says, "Mister, Are you ready to find Jesus?"

The drunk looks back and says, "You bet!... I sure am!"

The preacher then grabs the man by the shoulders and dunks the fellow under the water. "Have you found Jesus?" the preacher asked.

"No, I didn't!" said the drunk. The old preacher then dunks him under for quite a bit longer, brings him up and says, "Now, brother, have you found Jesus?"

"No, I did not." The old preacher is getting mad now. He holds the drunk under for at least 30 seconds this time, brings him out of the water and says in a harsh tone, "My Good man, have you found Jesus yet?"

The old drunk wipes his eyes and asks the preacher... "Are you sure this is where he fell in?"

www.SpringfieldDUI.com Information

Charles Rowland — Wed, 07 May 2008 14:32:34 -0400

In response to a recent inquiry, here is the web site for the Clark County Municipal Court: http://www.clerkofcourts.municipal.co.clark.oh.us/. The Clark County Sheriff is the entity responsible for maintaining the jail. They can be found here: www.clarkcountysheriff.com The sheriff's office has a great link to local law enforcement scanners: www.scanmiamivalley.com

You can find other links to Springfield and Clark County by visiting www.SpringfieldDUI.com.

Statistics from the DUI Gulag (www.DUIGulag.com)

Charles Rowland — Tue, 06 May 2008 15:24:59 -0400

Despite what MADD propaganda would have you believe, in 1996 only .0000143 percent of the American population was killed in so-called "alcohol related" motor vehicle accidents where someone had a blood alcohol content as high as 0.10% . Government statistics indicate that each year more people die as a result of accidental drowning in America than die in low BAC related motor vehicle accidents. A recent study at a major U.S. university found that low BAC drinking drivers pose far less danger to public safety than do non-drinking drivers who have sleep apnea. In fact, your chances of being killed as a direct result of medical malpractice is 28 times higher than your chances of being killed in a motor vehicle accident involving a low BAC driver.

Please visit www.DUIgulag.com for more sobering statistics.

Happy Cinco de Mayo!

Charles Rowland — Mon, 05 May 2008 14:42:23 -0400

Happy Cinco de Mayo!

Photo-Enforced Traffic on the Air

Charles Rowland — Mon, 05 May 2008 14:40:53 -0400

Today the topic of photo-enforced traffic came up on the Mike McConnell Show on 700 WLW. The Ohio Supreme Court decision out of an Akron case upholding this technology was roundly criticized as was the use of photo enforcement technology. The most prescient comments were about slippery slopes and the good ol' days when America would not stand for things like this. The host's proposed solution: vote any politician who favors photo enforcement out of office. Had I the time, I would start a web site with every official and his/her stance on these important legal issues. Please support the National Motorists Association (www.motorist.org) and monitor the global impact of these issues at www.TheNewspaper.com. To reach Mr. McConnell go to www.700wlw.com. Perhaps if enough of us speak up we can take our country back!

Construction Zone: What is the law?

Charles Rowland — Mon, 05 May 2008 14:33:19 -0400

5501.27 Increased penalties for traffic violations in construction zone.

(A) The director of transportation shall adopt rules that do the ...

The Prosecutor's Duty

Charles Rowland — Mon, 05 May 2008 14:32:23 -0400

"The [prosecutor] is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, he is in a peculiar and very definite sense the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer. He may prosecute with earnestness and vigor-indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones. It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one."

Justice Sutherland, in Berger v. US (1935), 295 U.S. 78

My Favorite Cinco De Mayo Drink Recipe

Charles Rowland — Sun, 04 May 2008 16:00:00 -0400

Michelada is roughly translated as "my cold beer". This spicy cocktail concoction is a beer with lime and some peppery seasoning. It's kind of like a Tomato Beer without the tomato. Its a great eye-opener!

I N G R E D I E N T S
1/2 lime, preferably a Key lime
Coarse salt
2 dashes Worcestershire sauce
1 dash soy sauce
1 dash Tabasco sauce
1 pinch black pepper
12 ounces beer, preferably a dark Mexican beer like Negra Modelo.

I N S T R U C T I O N S
Squeeze the juice from the lime and reserve. Salt the rim of a highball glass by rubbing it with the lime and dipping it in coarse salt. Fill with ice. Add lime juice, Worcestershire, soy sauce, Tabasco, pepper. Pour in beer, stir and serve, adding more beer as you sip.

Thanks to: www.GourmetSleuth.com

Joke O' The Week: Miles Per Gallon

Charles Rowland — Fri, 02 May 2008 11:38:05 -0400

A 2006 study found that the average American walks about 900 miles a year.

Another recent study found that Americans drink an average of 22 gallons of beer a year.

That means, on average, Americans get about 41 miles per gallon.

Not Bad!

HGN and the Hawkeye

Charles Rowland — Fri, 02 May 2008 11:15:31 -0400

AcuNetx Inc., (OTCBB: ANTX), a California company, has developed a device that follows the movements of the eye. The HawkEye System will be employed by law enforcement as an aid in the Horizontal Gaze Nystagmus (i.e. the eye test) Standardized Field Sobriety Testing. The company hopes to have the devise used by Drug Recognition Experts and DUI cops. As regular readers of this blog will recall, drivers who are impaired with Canabis alone will not exhibit HGN (nor VNG) but will likely show LACK of CONVERGENCE and DILATED pupil size. The company has not announced any research on their web site, but any consolidation of the HGN is welcome news. Obviously, the next generation of DUI cases will involve the use of marijuana. Ohio does not employ DRE trained experts for marijuana DUIs (yet?). For more on HawkEye visit the company web site at, http://www.acunetx.com/.

Happy International Worker's Day!

Charles Rowland — Thu, 01 May 2008 16:45:02 -0400

Happy May Day (International Worker's Day)!

For a great explanation of the pagan roots of this Worker's holiday, see: http://www.schooloftheseasons.com/mayday.html

State v. Miko (April 28, 2008)

Charles Rowland — Thu, 01 May 2008 16:04:00 -0400

Hurray, Hurray Hurray! The 9th District Court of Appeals has ruled the lidar laser speed detection devise as unproven. This ...

Racial Disparities and the Death Penalty (Does it Matter?)

Charles Rowland — Tue, 29 Apr 2008 11:12:32 -0400

Today, Adam Liptak of the New York Times has written an article taking a renewed look at the role race ...

Canada's Supreme Court Upholds Freedom from Searches

Charles Rowland — Mon, 28 Apr 2008 12:08:30 -0400

VANCOUVER, British Columbia (Reuters) - Canada's highest court said police do not have the authority to randomly search student ...

This Usually Doesn't Work

Charles Rowland — Fri, 25 Apr 2008 13:13:08 -0400

Lawyers Live in Fear

Charles Rowland — Thu, 24 Apr 2008 14:00:00 -0400

Lawyers Live in Fear
How to deal with the central emotional feature of the profession

"Our firm is ruled by ...

Happy St. George's Day

Charles Rowland — Wed, 23 Apr 2008 23:36:09 -0400

HAPPY ST. GEORGE'S DAY!

On St. Patrick's Day everyone is Irish. St. George's day is the English equivalent of this day where the heritage of the English is celebrated. A proper celebration should start with a warm Mackeson XXX Stout. It's creamier and less bitter than Guinness. You can also try a Fuller's 1845 Ale. This beer is produced in London's oldest brewery. After a couple o' beers pull out your favorite Shakespeare work and drink a toast to the bard. April 23rd is the birthday of William Shakespeare.

Goodbye Fourth Amendment says Unanimous High Court

Charles Rowland — Wed, 23 Apr 2008 14:47:33 -0400

WASHINGTON - The Supreme Court affirmed Wednesday that police have the power to conduct searches and seize evidence, even when ...

Study: Harsh Penalty not a Deterrent

Charles Rowland — Wed, 23 Apr 2008 13:00:00 -0400

Study: Penalties no deterrent for drunken drivers

Tougher punishments may not be effective in deterring people from driving drunk, according ...

Why Was It Called MOONSHINE?

Charles Rowland — Wed, 23 Apr 2008 11:04:05 -0400

During America's "Noble Experiment" (a.k.a. Prohibition), bourbon makers were given away by the smoke rising from their stills. G-men (government men), T-men (Treasury agents) and Revenuers would simply gather and wait for the smoke to rise. To combat this treachery, small batch connoisseurs would wait until night to cook their elixir. This came to be known as moonshining and the resultant brew as moonshine. The 'shiners were unable to barrel-age their whiskey, so the product was raw and clear and as strong as a right hook. A fast car was a necessity to transport this juice. The runners would meet up on weekends to earn bragging rights on their driving. Thus was born NASCAR.

HAPPY EARTH DAY

Charles Rowland — Tue, 22 Apr 2008 16:21:50 -0400

HAPPY EARTH DAY!

www.TheNewsPaper.com

Charles Rowland — Tue, 22 Apr 2008 13:10:51 -0400

For anyone interested in the global battle against traffic tickets, this site is a must. The blog, which is searchable, bills itself as "journal of the politics of driving."

High Stakes Cross Examination Case Before High Court

Charles Rowland — Tue, 22 Apr 2008 12:29:56 -0400

WASHINGTON -Dwayne Giles complains that his former girlfriend's statements should not have been used against him at his murder ...