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Ohio Criminal Law

College OVI Rules – Top Ten Rules for Partying in Ohio

Don't get a college OVI. It will follow you for the rest of your life. DaytonDUI offers college students these rules for partying (legally) in Ohio. Rule #1: No College OVI -Don't Drink and Drive Ohio has some of the most stringent college OVI laws in the county.  A first-time offender faces 180 days in jail and a one thousand seventy-five dollar fine, loss of their driver's license for up to three years and enhanced penalties upon subsequent convictions.  A DUI (called an OVI in Ohio) is not subject to expungement, meaning it will be on your record forever, and subjects an...

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“All I Do Is DUI Defense” And That Inspires Some Reaction

"All I do is DUI defense." There is always that time at a party when someone will ask me what I do for a living. I proudly respond, "All I do is DUI defense." When I tell people what I do, it inspires some mixed responses. Some folks are perplexed that anyone would provide a defense to "those people."  Others attack my integrity and the integrity of the criminal justice system by stating that I am "just in it for the cash"  A more extreme reaction is to get so angry that you wish harm upon me and my family, "I...

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This Constitution Day, Let’s Restore Faith In The Criminal Justice System

The criminal law is precariously balanced between protecting our safety and preserving our freedoms. Good lawyers and good police officers work as adversaries, but in concert, to advocate for the system to be the best it can be. The current climate of "us versus them" is too prevalent in the system and has the potential for disastrous societal ramifications.Policy-makers have imposed agenda driven outside influences on the criminal justice system that make balance hard, if not impossible. When this happens we have decade long imbalance that results in citizens distrusting the system. The "War on Drugs" and Prohibition are examples...

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What If The Prosecutor Won’t File Charges? O.R.C. 2935.09

In a story that is breaking today, family members of Tamir Rice are seeking to skirt local prosecutors and ask a judge to issue warrants for murder against the police officers involved in the case.  The lawyers, tired of waiting for prosecutors to take action, are relying on a rarely used Ohio law to expedite their effort to have two officers charged.The cited statute — Ohio Revised Code 2935.09 — allows anyone with information about illegal activity to file an affidavit for an official to review. It was established in 1960 to give private citizens an avenue when they feel police are...

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A Small Way To Curtail Policing For Profit

Policing for profit is the practice of using the tools of the judiciary (police, municipal courts, probation) to generate revenue for the municipality.  It comes in the form of red-light cameras, speed cameras, license plate readers, speed traps, heavy police traffic enforcement, civil asset forfeitures, high fines and other revenue generating practices. The price of this hidden tax falls most heavily upon the poor who are more likely to find themselves unable to pay and subsequently jailed for minor offenses. It happens here in Ohio and has been addressed by the Ohio Supreme Court.In Ohio, more than 300 "mayor's courts"...

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State Patrol Seat Belt Law Campaign: What Is The Seatbelt Law?

Troopers Will Ticket You For Seat Belt Law Violations Starting Monday! On Monday (May 18, 2015) the Ohio State Highway Patrol will begin a seat belt law enforcement blitz targeting drivers and passengers who are not buckled up. The seat belt crackdown is part of the national Click It or Ticket campaign.What makes this an interesting push by troopers is Ohio's seatbelt law (O.R.C. 4513.263 ) is a secondary offense, meaning that a trooper has to have another reason for pulling you over. Primary seat belt laws allow law enforcement officers to ticket a driver or passenger for not wearing a seat belt,...

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The Day I Served A Warrant!

The Day I Served A Warrant! At the end of my second year of law school, I did an internship at the Meigs County Prosecuting Attorney's Office.  I learned a great deal about criminal law, police procedure and had my first real taste of what it would be like to be an attorney.Near the end of my internship I was told that a wanted felon was spotted near a house.  I was also made aware that there were guns suspected to be in the house.  Meigs County Sheriff James  Soulsby formed a massive team of deputies to go to the house...

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Juveniles In Solitary Confinement – Sad But True

Summary:  Juveniles in Solitary Confinement, some as young as 10 years of age, do exist in our society today.What is it like to be locked up in solitary confinement when you are just a child?Juvenile facilities across the country house children as young as 10 years old in isolation either as punishment or as part of the regular jail/detention operation.  Across the U.S, children spend days and months in solitary confinement. The ACLU found that in 2011 more than 95,000 children spent time in isolation.In a subsequent report, the ACLU writes, “This bare social and physical existence makes many young people...

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Changes To Drug Schedule Affect Hydrocodone

Drug Schedules Changing For Some Hydrocodone CombosOn October 6th the DEA rule switching"hydrocodone combination products" like Lortab and Vicodin from schedule III to schedule II came into effect.  The rule was passed to curb abuse and encourage patients and prescribers to consider alternative ways to deal with pain.  Previously, these drugs were regulated as Schedule III drugs. Common hydrocodone combinations are used as pain relievers, cough suppressants and enhance the benefits of other drugs like acetaminophen or cough/cold medicines.  We are familiar with the brand names like Vicodin, Lortab or Tussionex.  As schedule III drugs, a prescriber could write up to 5 refills...

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Drunk And Disorderly, A Definition

Drunk and Disorderly! The crime of disorderly conduct while intoxicated is a violation of O.R.C. 2917.11.  The crime of disorderly conduct is also know, and often charged, as public intoxication.  This broadly defined crime can be charged as a minor misdemeanor carrying a maximum fine of $150.00 and no jail time or as a 4th degree misdemeanor carrying a maximum punishment of 30 days in jail and a $250.00 fine.  Disorderly conduct while intoxicated can be defined as anyone who is voluntarily intoxicated and engages in one of the circumstances described below:In public or in front of two other people, behaves in a manner that would...

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