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Posts tagged "ohio law"

Ohio’s Sudden Emergency Defense To Personal Injury Claims

Ohio’s sudden emergency defense to personal injury claims should be considered when pursuing and filing a personal injury case.  You can certainly bet that the insurance company and their lawyers will be considering and raising this defense if they believe it can defeat a personal injury claim.  A good personal injury lawyer always anticipates the defenses in building a case for the client.   What is the sudden emergency doctrine?  The sudden emergency defense consists of:
  1. The person was confronted by a sudden or unexpected emergency;
  2. The claimed emergency was not the result of any fault of the person or any circumstance under the person’s control; and
  3. The person exercised such care as a reasonably cautious person would exercise under the same or similar circumstances.
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The Difference Between Misdemeanors and Felonies In Ohio

What is the difference between misdemeanors and felonies in Ohio? In most instances, a misdemeanor in Ohio is a crime that is punishable by not more than one hundred eighty days in jail. One cannot be sent to prison on a misdemeanor. Some felonies are punishable by six or more months in prison. All felonies in Ohio are punishable by at least six months in prison. Felonies can be sentenced to local jail time.   Ohio law sets forth the different classes of misdemeanors and their sentencing ranges: a misdemeanor of the first degree is not more than one hundred eighty days in jail; a misdemeanor of the second degree is not more than ninety days in jail; a misdemeanor of the third degree is not more than sixty days in jail; a misdemeanor of the fourth degree is not more than thirty days in jail; and a minor misdemeanor cannot consist of any jail time. (more…)

Negligent Entrustment

If the owner of a vehicle knew at the time he or she allowed the driver to operate a vehicle that the driver was unqualified to operate the vehicle, the owner could be liable for negligent entrustment, also known as wrongful entrustment of motor vehicle. Ohio law states that the owner of a vehicle shall not allow one to drive their vehicle if they know or have reasonable cause to believe that the person: does not have a valid driver’s license; has a suspended driver’s license; or is under the influence of alcohol or drugs. The code lists some more obscure reasons, which can be found here.  When the owner and driver live in the same household and are related to each other, the law assumes that the owner knows that the household member’s driver’s license is invalid.   (more…)

No Time Limit On Charging Crimes When One Flees To Avoid Prosecution

There is no time limit on charging crimes when one flees to avoid prosecution. In State v. Bess, the Ohio Supreme Court ruled that Ohio law tolls or stops the running of the statutes of limitations when the offender purposefully avoids prosecution. This applies to crimes that had not yet been charged or even discovered, as long as the offender purposefully avoids prosecution. In this case, Bess learned in 1989 that he was being investigated for raping a young girl. He fled to Georgia and assumed a false identity in order to avoid prosecution. He was indicted later that same year. He remained in Georgia until he was arrested in 2007 and returned to Ohio. During trial preparation, the prosecutor interviewed the girl’s brother and learned for the first time that he too was raped by Bess. A second indictment charged Bess with that rape. Bess was convicted. While there was no question that the State of Ohio could try Bess for rape of the girl, the real question was whether he could be charged and convicted of a crime eighteen years after he purposefully fled to avoid prosecution. The Ohio Supreme Court said that he could be charged and convicted in this manner because he purposefully fled the jurisdiction to avoid prosecution. (more…)

Regaining Custody Of Your Children

The United States Supreme Court and the Ohio Supreme Court have repeatedly said that the “right of parents to raise their children has been deemed basic and essential, protected by due process of law.”  While a parent does not lose this right when the other parent is awarded custody of the children, this right does not help much when the noncustodial parent tries to regain custody of his or her children.   Ohio law also creates a hurdle, stating that modification of custody will not occur unless a change in circumstances of the child or child’s residential parent occurs.  If there was a shared parenting decree, the change in circumstances can occur with either parent.  The modification must also be in the best interests of the child, and: (1) the residential parent agrees to a change; (2) the child, with consent of the residential parent or of both parents in shared parenting, has been integrated into the family of the person seeking to become the residential parent; or (3) the harm likely to be caused by a change of environment is outweighed by the advantages of the change of environment to the child.   (more…)

Who Is Entitled To A Child’s School Records?

Who is entitled to a child’s school records?  Under Ohio law, both parents have the right to access their child’s school records.  The schools generally recognize the right of the legal custodian and residential parent’s access to school records.  However, some schools may not always recognize the non-residential parent’s right to access their child’s records.  If this problem arises, the legal custody papers usually contain language stating that both parents have the right to have access to their child’s school records. (more…)

Wooster DUI Attorney

A Wooster DUI attorney handles the following types of cases:  DUI, OVI, driving under suspension, and other traffic offenses.  OVI is the acronym for “operating vehicle under the influence of alcohol or drugs,” and such cases typically consist of two potential offenses: (1) the OVI charge, which alleges that the person operated a vehicle under the influence of alcohol, a drug of abuse, or a combination of them; and (2) the BAC charge, which usually alleges that the person operated a motor vehicle with a blood alcohol concentration of .08 or more, which is determined by a breath sample, or an equivalent amount by blood serum or plasma or urine, as well as levels of various drugs.  Depending on the number of prior offenses, there are minimum periods of suspension and incarceration set forth under Ohio law. (more…)

Canal Fulton DUI Attorney

A Canal Fulton DUI attorney represents individuals charged with OVI and other traffic offenses in Canal Fulton.  OVI is the short way of saying “operating vehicle under the influence of alcohol or drugs.”  OVIs can be made up of two potential offenses: (1) the OVI charge, which alleges that the person operated a vehicle under the influence of alcohol, a drug of abuse, or a combination of them; and (2) the BAC charge, which usually alleges that the person operated a motor vehicle with a blood alcohol concentration of .08 or more, which is determined by a breath sample, or an equivalent amount by blood serum or plasma or urine, as well as levels of various drugs.  Depending on the number of prior offenses, there are minimum periods of suspension and incarceration set forth under Ohio law. (more…)

In Children Services Cases Legal Custodians Have Parental Rights

In children services cases legal custodians have parental rights.  Recently, the Ninth District Court of Appeals determined that, when a children services agency files a complaint against a legal custodian that can lead to temporary or permanent custody, the legal custodian has many of the same rights afforded to parents. In this case, a children services agency took permanent custody of a child from her grandmother who had legal custody of the child at the time the child was removed from her care.  The trial court granted the grandmother some, but not all, the protections and rights granted to parents under Ohio law.  As a result, the children services agency was granted permanent custody of the child. (more…)