> January, 2016 | Daniel F. Gigiano Co., L.P.A.
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Archive for January, 2016

Ohio Courts And The People Who Work There

Identifying courts and court personnel in Ohio courts requires the right resources. There are trial courts, courts of appeals, supreme courts, and the people who work at these courts.  This article is a guide for the some of the most common Ohio courts the people who work there. (more…)

What is OVI in Ohio

What is OVI in Ohio? I typically use the term DUI in my articles because that is what most people commonly call the offense of driving under the influence of alcohol.  Even Ohio lawyers loosely use the term DUI, rather than the official term of OVI.  DWI is typically recognized as an outdated term by both laypeople and professionals.   What are DUI, OVI, DWI, and BAC in Ohio? DUI is driving under the influence.  DWI is driving while impaired.  DUI and DWI are acronyms that are no longer used in Ohio since Ohio enacted a law in 1982 that refers to driving under the influence of alcohol or drugs as OMVI or “operating a motor vehicle impaired.”  But, what is OVI in Ohio if OMVI was the official term at one point?  When Ohio removed the requirement that the vehicle be motorized, the offense was shortened to OVI, or “operating a vehicle impaired.”  This leaves us with the term BAC, which is still alive and well today in the law.  BAC refers to blood alcohol content.  In Ohio, it is illegal to operate a vehicle with a BAC of .08 breath alcohol content or greater.  If the driver is under 21 years of age, the legal limit is as low as .02 breath alcohol content.  For many people, that can be reached with as little as one drink within the hour before testing.   (more…)

Battle Between The Landlord And Tenant For The Security Deposit

There are several rules setting forth the rights and duties between a landlord and the tenants in Ohio when the tenants are using the premises as their home. This article will focus on the tenants’ right to a security deposit, as well as the landlord’s right to use the security deposit.  In other words, we will look at the batter between the landlord and tenant for the security deposit.  The landlord must return a tenant’s security deposit within thirty days of the day the tenant vacates the property as long as:  
  1. The rent has been paid in full;
  2. The premises have no damage beyond normal wear and tear; and
  3. The tenant gave the landlord a mailing address where the security deposit could be sent.
  Any security deposit withheld must be listed in a written itemization of damage or unpaid rent, which must be sent to the tenant along with the remainder of the security deposit. Damage does not include normal wear and tear.  Normal wear and tear includes routine property maintenance.   (more…)

Piercing The Corporate Veil In Ohio

Shareholders are usually not liable for the debts of the corporation. In a simple breach of contract case, creditors may only be able to pursue the corporation.  However, creditors of a corporation may sue the shareholders directly if the following are true:  (1) control over the corporation by those held to be liable was so complete that the corporation has no separate mind, will, or existence of its own; (2) control over the corporation by those to be held liable was exercised in such a manner to commit fraud or an illegal act against the person seeking to disregard the corporate entity; and (3) injury or unjust loss resulted to the creditors from such control and wrong.  This is otherwise known as piercing the corporate veil in Ohio.   (more…)

Pay To Stay In Jail

Many county jails in Ohio have a pay to stay in jail policy. The ACLU issued a report on this practice, stating that this burdens a population that likely cannot afford such fees in the first place.  Potential fees include booking fees and daily lodging fees.  According to the report, the jails in Holmes County, Medina County, Cuyahoga County, Ashland County and Summit County do not charge any of these fees.  The Wayne County jail was listed a charging a $10 booking fee but no daily fees.  The counties that offer work release as an option usually charge daily work release fees.  A work release pay to stay program may not have the same concerns cited by the ACLU because the inmates are being given the opportunity to earn amounts greater than the cost of their stay in jail.   (more…)