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Charles Melville Rowland II
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Charles Rowland’s Answers

50 total


  • How serious is an underage DUI?

    Will it be on my record forever?

    Charles’s Answer

    Ohio has made illegal the practice of operating a vehicle after underage consumption (OVUAC). O.R.C. 4511.19(B) makes it illegal for persons under 21 years of age to drive a vehicle with a concentration of .02 percent, but less than .08 percent by weight of alcohol by whole blood or breath, or with an equivalent amount by blood serum or plasma or urine. (1994 S.B. 82, eff. 5/4/94). In 2004, amended R.C. 4511.19(B) renamed the offense “operating a vehicle after underage consumption” (OVUAC). These quasi-zero tolerance levels are justified by the fact that this age group accounts for a “disproportionate share of alcohol-related accidents.” See Ohio Driving Under the Influence Law, 2009-2010 ed., Weiler & Weiler, pp. 24-25.

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  • Underage OVI v.s Adult OVI.

    Besides the point difference, What are the major differences? Does an Underage OVI look really bad for a background check?

    Charles’s Answer

    Ohio has made illegal the practice of operating a vehicle after underage consumption (OVUAC). O.R.C. 4511.19(B) makes it illegal for persons under 21 years of age to drive a vehicle with a concentration of .02 percent, but less than .08 percent by weight of alcohol by whole blood or breath, or with an equivalent amount by blood serum or plasma or urine. (1994 S.B. 82, eff. 5/4/94). In 2004, amended R.C. 4511.19(B) renamed the offense “operating a vehicle after underage consumption” (OVUAC). These quasi-zero tolerance levels are justified by the fact that this age group accounts for a “disproportionate share of alcohol-related accidents.” See Ohio Driving Under the Influence Law, 2009-2010 ed., Weiler & Weiler, pp. 24-25.

    Operating a vehicle after underage consumption (OVUAC) does not result in an administrative license suspension if the suspected juvenile both takes the chemical test and the test result is less than .08 percent. If a test result is over the “over 21″ prohibited level of .08 percent, then an administrative license suspension will be imposed. A refusal to take a chemical test also results in the imposition of an administrative license suspension.

    In State v. Gibson, 2000 WL 303134 (Ohio Ct. App. 4th Dist. Ross County 2000), the Fourth Appellate District held that “because the pers se limit for a violation is so minimal, an officer may have probable cause to arrest a person under twenty-one on more ‘subtle’ factors than tranditional indicia of probable cause for adult drivers. You may hear DUI defense attorneys refer to OVUAC as “baby DUIs.”

    A violation of this law is a first degree misdemeanor which can subject you to a maximum six month jail sentence and a maximum $1,000 fine.

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  • Will I get my license reinstated at the court date when my first ovi reduced to reckless driving? I live in ohio

    I was pulled over 2 weeks ago and charged with first and last ovi offense and I blew 0.9, and I'm so stressed and afraid, but I hired a experienced lawyer because I can't afford dui in record because I work in the health field and I'm studying hea...

    Charles’s Answer

    Trust the lawyer you hired. Give him a chance to answer all your questions. I'm really glad to hear you say good things about the hard work good lawyers do.

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  • Made illegal left on the way to an AA meeting. Privileges on paper out of date. Parole violation. Do I need lawyer at hearing?

    Original Sentence for DUI and failure to control vehicle, 1st time, .08 breath. To end April 29th, 2014. If all requirements filled, Oct. 2013. Original privileges ended Aug. 14, 2013 including AA meetings. Recall opting to not make change to p...

    Charles’s Answer

    If you already have an attorney, please don't use forums like this to second guess or look for a different answer. It is unfair to you and your attorney. The lawyer you hired or had appointed is in a much better position to evaluate your case and offer advice. If you have not hired (or have had appointed) an attorney, I think that you should do so.

    You should hire an attorney who is familiar with the Court and can guide you through the process of not having a probation violation/parole violation filed. If it is already filed, the attorney can make a big difference in how the probation officer/parole officer and the judge view your case. There are many great Cleveland area attorneys to choose from on AVVO.

    Lastly, you really need to get ahead of this issue and be very proactive. You should be applauded for your efforts at sobriety, but lingering court issues can be a very disruptive problem. Do not expect things like this to work themselves out. Jail sucks and you need to avoid it.

    Best of luck and continued sobriety.

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  • Can a person with a CDL convicted of a DUI still get some sort of ID without it affecting the satus of the CDL?

    His liscence through the court was suspended for 6mo and his CDL was suspended for a yr. He was told if he got an ID it would void the CDL and he would have to take the test again

    Charles’s Answer

    Yes, you can obtain a "temporary ID" through the Ohio BMV. If you ask for a "State" ID it will cancel your license and your CDL. Make sure to get an attorney to do this for you so that you don't mess this up. We have at least one client every couple of years have to re-test due to not getting the right type of ID. I also recommend letting an attorney do this for you because the Ohio BMV rules are complex and constantly changing. We stay on top of these matters.

    O.R.C. 4507.50 reads as follows:
    "Any person who is a resident or temporary resident of this state whose Ohio driver's or commercial driver's license has been suspended or canceled, upon application in compliance with section 4507.51 of the Revised Code and, except as provided in division (B) of this section, payment of a fee of three dollars and fifty cents, may be issued a temporary identification card. The temporary identification card shall be identical to an identification card, except that it shall be printed on its face with a statement that the card is valid during the effective dates of the suspension or cancellation of the cardholder's license, or until the birthday of the cardholder in the fourth year after the date on which it is issued, whichever is shorter. The cardholder shall surrender the identification card to the registrar or any deputy registrar before the cardholder's driver's or commercial driver's license is restored or reissued."

    Here is a link to the Ohio BMV website dealing with CDL drivers: http://www.bmv.ohio.gov/cdl.stm

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  • A friend got a obi wat is a obi?

    He was driving. I assume he got pulled over I dnt know for sure. And got a arrested for it bond is 10,000 10% to get him out and hasnt went to court yet why so much?

    Charles’s Answer

    An OVI is the same as a DUI. it is a serious misdemeanor offense. He needs the best attorney he can afford. I'd be happy to help.

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  • Will my charges be possibly dropped of my DUI?

    I was pulled over two months ago for a DUI then charged with refusing a breathalyzer and left of center. I did field tests, but they read me my rights then put me in the back of the cop car. They took me to base and let me sit, for what seemed li...

    Charles’s Answer

    It is confusing and overwhelming to face a DUI/OVI charge. Contact a lawyer who can provide you context and give you a plan. Your first step is to contact an attorney who can figure out where your case stands and what steps you need to take. If you need to do a warrant check give me a call at (937) 318-1DUI. My office is located near Dayton. I invite you to check out my AVVO profile and that of other attorneys who practice DUI law in your area.

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  • I received an underage drinking ticket while i have a pending dui charge. will i be able to get diversion for the underage?

    i have a lawyer for the dui charge i received, that case is currently waiting for pretrial. i got a citation for underage drinking from undercover cops at a concert last week and was told to ask for the diversion program to expunge it from my reco...

    Charles’s Answer

    The attorney that has been working on your DUI case is in the best position to give you advice about the new charge. There are too many factors that will need to be taken into account to provide an adequate response here.

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  • Physical control still considered an OVI

    I was charged with an OVI last Nov 2010 and it was suppose to be lowered to a Physical Control with a 1 year license suspension since I refused. Well the year has pased and I just recieved a letter from the BMV that states what I need to do to ge...

    Charles’s Answer

    The BMV sends out an initial letter upon receiving the Automatic License Suspension information informing you of your ALS suspension. The initial information is sent based on the charge of OVI. Therefore, your letter may say "first OVI" when in fact your "record" will reflect the reduction to Physical Control. Physical Control is a separate (and very much better) charge than OVI. DUI is O.R.C. 4511.19 and P.C. is O.R.C. 4511.194. It is not the same thing to the BMV.

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  • How do i sue without a lawyer in district court?

    I need to sue someone who in writing promised to pay a $13,00.00 medical bill I have. I can not find a lawyer that handles small disputes, they all say the amount is too small or they only handle lanlord tenant disputes. I am now in collections ...

    Charles’s Answer

    Keep looking for an attorney and/or contact your local bar association for a recommendation. Most people will do their own legal work in the same way they would do their own dental work or medical work...poorly. You need a professional.

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