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Posts tagged "Medina criminal defense attorney"

Will Ohio Lower DUI Limit To .05

Will Ohio lower DUI limit to .05?  In March 2017, Utah’ legislature set up the state to become the first state to lower the legal threshold for drinking and driving to .05 blood alcohol concentration.  While states are looking to get more aggressive with DUI laws, such efforts can result in problems in the actual application of the law.  This articles examines the law and the impracticality of enforcing the law on the street and in the courtroom.

 

Proposed DUI Law Criticized

 

Critics have said the bill fails to address the real problem, which are the 77% of alcohol-related traffic deaths in Utah caused by drivers with a blood-alcohol content of 0.15 and above.  The proponent of the law said the problem with the 0.08 BAC law is that “it send the message that you can drink up to a certain point and then drive.”  The proponent then noted that several foreign countries have a 0.05 limit. 

 

Proposed DUI Law Problems

 

The field sobriety tests were designed to determine if someone is at a 0.10 BAC or above.  When states lowered the limit to 0.08, that already signaled a move away from criminalizing driving under the influence and towards outlawing drinking and driving.  A 0.05 BAC limit is simply another step in that direction.  Someone at 0.05 could very well pass the field sobriety tests.  If the person is not under the influence of alcohol, can that person be arrested?  If the person cannot be arrested, the request for a breathalyzer does not occur. 

 

Attorney Daniel Gigiano.  Experienced.  Aggressive.  Dedicated.

 

Attorney Daniel Gigiano was admitted to the practice of law in Illinois in 1993.  He immediately began practicing as an assistant prosecutor working in a courtroom that focused on major traffic cases, such as DUI and driving under suspension, spending over one year focusing on the many issues in these cases.  Attorney Daniel Gigiano then spent the next five years of his government practice working on misdemeanors, felonies, grand jury and preliminary hearings, juvenile delinquency cases, and abuse and neglect cases.  In 1999, he was admitted to practice in Ohio.  In 2000, he took his experience to a private practice in Wadsworth, Medina County, Ohio.  Attorney Gigiano has maintained his private practice in Wadsworth since that time.  Call now at 330-336-3330 if you need the services of an experienced Medina criminal defense attorney in Wadsworth.


Ohio Felony Sentencing

Ohio felony sentencing laws place most Ohio crimes into five classes.  These range from the lowest (fifth degree felony) to the highest (first degree felony).  This article will focus on the basic sentencing scheme.  This article will not discuss specialized Ohio felony sentencing laws, such as the death penalty, life imprisonment, and mandatory additional prison time.  Rape and murder are crimes that fall into such specialized Ohio felony sentencing laws. 

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Certificate Of Qualification For Employment

What is a Certificate of Qualification for Employment (CQE)?  A CQE is an order from the common pleas court in the county in which you reside that allows to apply for employment or a professional license even if your conviction may have disqualified you in the past.  Many employers exclude convicted felons as potential job candidates.  This makes it even more difficult for a convicted felon to re-integrate himself or herself into society.  A CQE can provide the employer the assurance needed to give someone a chance.
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Ohio Has A Unique Restriction On Traffic Stops

Ohio has a unique restriction on traffic stops.  The Ohio Supreme Court, in its Robinette decision, said that police officers may not request consent for a search of a vehicle, once the purpose of the initial traffic stop is completed and there is no evidence of any wrongdoing beyond the reason for the traffic stop.  The Supreme Court of Ohio said that the courts have an obligation to protect the ordinary law-abiding citizen from intrusive, illegal and overbearing government action.  This protection is necessary because most people are not aware of their right to refuse consent to a search of their vehicle. The United States Supreme Court, in its review of this decision, declined to adopt this rule for the entire nation.  In doing so, the rule was left intact in Ohio.  This was an unfortunate decision, as the Ohio Supreme Court got it right in this instance.  Authorities should not be allowed to further detain people and request consent after they have already issued a citation, and checked for license, registration and insurance.  This person should be free to drive off without being subjected to a fishing expedition. (more…)

Medina Criminal Defense Attorney

What is a Medina criminal defense attorney? A Medina criminal defense lawyer provides defense for a variety of criminal cases.  Such cases include traffic cases, such as speeding, driving under suspension (DUS), leaving the scene of an accident (hit skip), and DUI or OVI.  A Medina criminal lawyer provides defense for misdemeanor cases, including assault, domestic violence, petty theft and disorderly conduct.  A Medina criminal attorney provides defense for felony cases, including felony theft, trafficking in drugs, sex crimes, and felony DUI or felony OVI.  This is not a complete list, as the number of crimes fill books and are too numerous to list here. (more…)