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DUI Law

Admitting OVI Blood Tests Made Easier By Ohio Supreme Court

A REVIEW OF BLOOD TEST REGULATION IN OHIO In Ohio, a blood test is administered by a crime lab or the collecting health care agency. The blood must be drawn by a licensed medical professional.  In cases where blood tests are administered by a crime lab, the Ohio DUI driver’s blood sample must be drawn within three hours of the perceived infraction.  In addition, it must be tested in compliance with regulations drafted by the Ohio Department of Health. Because of their complexity, an attorney focusing on DUI defense exclusively should be considered.Please consult the articles on the ODH rules on this...

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Ohio Beer Law Changes Tomorrow!

Tomorrow is a big day for Ohio Beer Law. The Governor signed House Bill 37, into law earlier this year. The law will lift the current 12 percent alcohol by volume (ABV) ceiling. The new law goes into effect Wednesday, August 31st. Under the new law, there's no cap.  Beers are expected to be around 30 percent ABV which is far below what you would find in whiskey.Rep. Dan Ramos, a Lorain Democrat, has introduced several bills raising the cap, which was raised from 6 to 12 percent in 2002. Ramos pointed to Ohio's alcohol limits as a reason Stone Brewing chose to...

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Top 10 Defenses To An Ohio OVI

Ohio OVI - When people need an Ohio OVI Attorney, the biggest challenge is knowing whether or not an attorney truly has the skills, knowledge, training, tools, resources, and strategies that are needed to successfully resolve and win drunk driving cases. Countless attorneys handle impaired driving cases,  but only a very small percentage have the skills, knowledge, training, tools, resources, and strategies that are needed to successfully resolve and win cases. Unfortunately for the public, even attorneys who have been practicing law for many years and devote a significant portion of their practice to OVI law, often don’t have the...

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Ohio Medical Marijuana Law: The 20 Qualifying Conditions

IMPLEMENTATION OF THE OHIO MEDICAL MARIJUANA LAW In June, Gov. John Kasich signed the Ohio Medical Marijuana Law, making Ohio the twenty-fifth state to legalize a comprehensive medical cannabis program. HB 523 provides that certain specific diseases, syndromes, disorders and ailments qualify for the program.  I have been inundated with questions about what will qualify under the law.  Here is the complete list (subject to change by regulators) that Ohio has chosen.Acquired immune deficiency syndrome(AIDS/HIV) Alzheimer’s disease Amyotrophic lateral sclerosis (ALS) Cancer Chronic traumatic encephalopathy (CTE, the degenerative disease most commonly found in football players and other athletes in contact sports) Crohn’s...

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Marijuana Timeline (An Update)

Hello, this is Charlie with a medical marijuana update,I'm reposting this information about Ohio's Medical Marijuana Plan timeline. So many of you have asked me about it.  Below is the latest information we have so far.  If you have any questions, please feel free to call me at (937) 318-1DUI.Marijuana TimelineMay 26, 2016House Bill 523 PassageSeptember 6, 2016:Effective Date of Bill Affirmative Defense BeginsOctober 6, 2016Appointment of Advisory CommitteeNovember 6, 2016Advisory Committee First MeetingMay 4, 2017Dept. of Commerce Establishes Rules and Standards for CultivationSeptember 6, 2017:Dept. of Commerce...

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OVI: Aggravated Vehicular Homicide

Aggravated Vehicular Homicide, O.R.C. 2903.06, is a crime that results from the death of another caused by the defendant’s operating a vehicle while impaired. (a violation of R.C. 4511.19 -OVI) You can also be charge for driving negligently or recklessly under the law. The aggravated vehicular homicide statute encompasses driving an automobile recklessly or negligently (called vehicular homicide) whether or not alcohol played a part in the death. Often, defendants are indicted for multiple counts, with additional counts for each victim of the accident. You Face Harsh Penalties The penalties are harsh. Under the reckless section of the felony OVI statute you...

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Drugged Driving Defense: What Does The State Have To Prove

Drugged Driving Defense - It Can Happen To You! You are getting older. So you are prescribed DrugX by your physician.  You take DrugX responsibly, but a police officer stops you and because you exhibit some evidence of impairments (bloodshot eyes or constricted pupils..). The officer arrests you for drugged driving and the prosecutor allows the officer to testify as to the effects of DrugX.  With the "expert" testimony of the officer a jury finds you guilty. Is the officer's opinion enough, or must the State prove that the impaired driving was caused by DrugX? [Ed. note: Call Drugged Driving Defense Lawyer...

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Ohio House Passes Medical Marijuana Bill

For years, I have dedicated myself to ending the mistaken "War on Drugs" and treating addiction like a medical condition and not a crime. Today was a day I thought I would never see. The Ohio House of Representative passed a medical marijuana bill with support from both parties. This will give Ohio families much needed access to a medicine that has proven effective in other states. Can I get charged with OVI while driving under the influence of marijuana? Watch the video. ...

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Springfield Red Light Camera Program Restrictions Upheld

Springfield was trying to defy the (relatively) minor rules placed on their use of automated ticketing machines. On Friday, the Second District Court of Appeals ruled that it was entirely constitutional for the legislature require police presence where photo ticketing devices are in use (view ruling). Springfield refused to make any changes at all in the way their private vendors operated. They filed suit to block enforcement, objecting to the new law's requirement that a safety study justify the use of a camera and the prohibition on ticketing vehicles allegedly traveling 5 MPH or less over the speed limit."Upon review, we conclude...

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Ohio Supreme Court Address Juvenile Prior OVI Offenses

In State v. Bode, 144 Ohio St.3d 155, 2015-Ohio-1519, the Ohio Supreme Court decided an issue affecting juveniles and the ability of the state to enhance a DUI charge based on prior juvenile adjudications.As a juvenile, the defendant was arrested for violating an equivalent offense 4511.19(A)(1)(a), colloquially referred to as a DUI charge. He was not represented by counsel. By 2011 Bode had been convicted of three more DUI charges. In 2011, Bode was indicted for and convicted of felony DUI charges. The cases were felonies because of Ohio enhancement statute R.C. 4511.19(G)(1)(d), which relied on his prior juvenile offense...

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