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What Do You Do When Pulled Over By The Police?

What do you do when pulled over by the police?  This really depends on the situation, but there are some tips that work for traffic stops, especially those where the officer suspects a DUI or OVI.   Be aware that the officer and perhaps his video camera is watching your every move.  Signal and pull over right away, but do so smoothly, safely, and completely.  Put the car into park or, if you have a stick-shift, move the gear to neutral and set the parking brake.  Have your license, registration and insurance in hand as quickly as possible.  Keep your seat belt on.  Turn off the radio and roll your window down.  When the officer approaches your vehicle and asks for your driver’s license, registration and insurance, hand them over.  If you still have not located these items, ask the officer for permission before going to retrieve them.  This will alert the officer that you are merely trying to comply with his or her request and that you are not retrieving a weapon.  The officer will be noting whether you are having difficulty finding these items, especially if it looks clumsy.  The officer may ask questions.  You should either politely decline or keep your answers short and true, without admitting anything.   (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…)

Notice of Intent to Relocate

What is a notice of intent to relocate?  It is a provision that is most likely tucked away within an order allocating parental rights and responsibilities, including divorce decrees, dissolution decrees, and legal custody orders.  It is a provision that is often overlooked.  If a residential parent moves, that parent must notify the court when he or she moves.  If one parent does not know where the other parent lives, they may become anxious about where their children are during that other parent’s parenting time.  This could lead to one parent employing various methods to respond.  Such methods may include methods that may not be permissible, such as withholding visitation.  That parent may also decide to call the police or file a motion in court to have custody changed, all because that parent simply did not know where their children were at during the other parent’s parenting time. (more…)

Can A Child Choose Which Parent To Live With?

Can a child choose which parent to live with?  The wishes of the child is certainly a factor the court must consider in deciding which parent will have custody or will be the residential parent for school purposes under a shared parenting plan.  However, there are many factors that courts must consider in child custody cases.  These child custody factors are set forth by Ohio law.  This article will specifically focus on the child's power to make such a decision within this legal framework.

Military Issues In Divorce And Child Custody

Military issues in divorce and child custody arise when one or both parents are currently or former members of the military.
The military distributes income in many ways.  While calculating income first appears be simple, not every situation is simple.  We all know that W-2 income earned through an employer is income for support purposes.  We also know that profits earned in a person’s business is income.  This covers direct military pay (base pay) and military contracts.  However, there are many other sources of income from the military.  Other sources of military income include: veterans administration disability payments, GI payments, housing allowance, and pay for training or other types of required drills. (more…)

Castle Law Allows You to Defend Yourself in Your Home

Ohio’s castle law allows you to defend yourself in your home.  Otherwise known as the “castle doctrine,”  the law now recognizes the security and sanctity of the home.
Ohio law previously required the victim of a home invasion to retreat before using deadly force against the intruder.  If the person in the home used deadly force, that person had to prove that he or she acted out of fear of serious physical injury or death. (more…)

What Should You Do If You Are Involved In a Traffic Accident?

What should you do if you are involved in a traffic accident?  If you get involved in a traffic accident on a public road, you are required to do a number of things.  First, you must stop and remain at the scene.  You must also give your name, address, vehicle license plate number, and name and address of the vehicle owner to the police, persons injured in the accident and to the operator, occupant, or owner of the damaged vehicle.  If he injured person is not in a position to understand or receive this information, you must immediately notify the nearest police authority of the location of the accident, your name and address and your vehicle license plate number.  You must also show your driver’s license to anyone who requests it.  You must also remain at the scene until the police arrive, unless you are transported to another location by ambulance. (more…)

Landlord Duties And Tenant Duties

There are landlord duties and tenant duties that landlords and tenants need to follow.  The law provides remedies for failure to follow such duties.  There are duties under Ohio landlord-tenant laws and under the lease.
A lease creates rights and obligations for both landlord and tenant.  A lease cannot create rights and obligations prohibited by Ohio law.  For example, a landlord may not require a tenant to pay attorney fees unless specifically permitted under Ohio’s landlord-tenant laws.  The side that prepares the lease will have any confusing provisions decided against that side; because the landlord usually prepares the lease, this usually means such confusing lease provisions will be decided against the landlord and for the tenant. (more…)

Can You Force Your Spouse into a Divorce?

I am often asked: can you force your spouse into a divorce?  Many parties get divorced by agreement, otherwise known as a dissolution.  While getting divorced by agreement can be less expensive, save time, and be less emotionally draining, sometimes the parties cannot reach an agreement or one spouse refuses to get divorced.  While most divorcing couples would simply agree that they are incompatible, otherwise known as stipulating to incompatibility, Ohio provides for a number of grounds for divorce. (more…)

Westfield Center Criminal Defense Attorney

Someone who is accused of a crime in Westfield Center, Ohio, needs a Westfield Center criminal defense attorney, who is available to provide defense for a variety of criminal cases, such as trafficking in drugs, automobile theft, assault, and DUIs.
Misdemeanors are heard in the Wadsworth Municipal Court, 120 Maple Street, Wadsworth, Ohio 44281.  Felony cases can start in the Wadsworth Municipal Court, but any trial would occur in the Medina County Court of Common Pleas.  Juvenile cases are heard in the Medina County Juvenile Court, 93 Public Square, Medina, Ohio 44256. (more…)

Medina County DUI Attorney

What is a Medina County DUI attorney? A Medina County DUI lawyer handles OVI cases, physical control cases, and baby DUI cases.  The Medina County OVI attorney can contest the grounds for the stop, arrest, or use of other evidence.  Having the OVI attorney in your corner could be the difference between spending three days at a DUI program at a local hotel, or six days in sitting in a jail cell.  On a felony DUI, the attorney could be the difference between a misdemeanor or felony conviction, which is no small matter considering OVI offenses are not eligible for expungement.

Medina County DUI Courts

  What court would a Medina County DUI be heard? Misdemeanor DUIs in Medina County are heard in Medina Municipal Court, 135 North Elmwood Ave., Medina, Ohio 44256, or in Wadsworth Municipal Court, 120 Maple Street, Wadsworth, Ohio 44281.  Felony DUIs in Medina County are heard in Medina County Court of Common Pleas, 93 Public Square, Medina, Ohio 44256.  Juveniles accused of DUI in Medina County will have their cases heard in the Medina County Juvenile Court, 93 Public Square, Medina, Ohio 44256. (more…)

Medina County Divorce Attorney

What is a Medina County divorce attorney? A Medina County divorce lawyer practices family law.  A divorce for Medina County residents begins in the Medina County Domestic Relations Court, 99 Public Square, Medina, Ohio 44256.

Medina County Divorce Process

  A divorce in the Medina Domestic Relations Court usually starts with the filing of a complaint, affidavits, and a request for temporary orders. This initial process is important as it determines support, child custody and other issues until the final hearing.  The court determines the discovery schedule and trial date in its case management order. (more…)

Norton DUI Attorney

What is a Norton DUI attorney? A Norton DUI lawyer handles: OVI as defined in Ohio Revised Code 4511.19. Physical Control cases as defined in Ohio Revised Code 4511.194. Operating a vehicle after underage consumption, as defined in Ohio Revised Code 4511.19. What court does a Norton DUI go to? Misdemeanor DUIs in Norton are heard in Barberton Municipal Court, 576 W. Park Ave., Barberton, Ohio 44203, and sometimes in Norton Mayor’s Court, 4060 Columbia Woods Drive, Norton, Ohio 44203.  Felony DUIs in Norton are heard in Summit County Court of Common Pleas, 209 S. High Street, Akron, Ohio 44308.  Juveniles accused of DUI in Norton will have their cases heard in the Summit County Juvenile Court, 650 Dan Street, Akron, Ohio 44310. (more…)

Hinckley DUI Attorney

What is a Hinckley DUI attorney? While some may also commonly refer to such an attorney as a Hinckley driving under the influence attorney, the better term is a Hinckley OVI attorney.  OVI is defined in Ohio Revised Code 4511.19 (R.C. 4511.19), bearing the title “operating vehicle under the influence of alcohol or drugs.”  OVI cases typically consists of two separate charges: (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.  The statute provides for a minimum license suspension of 180 days and a minimum period of incarceration of 72 hours upon a conviction for an OVI or BAC charge.  Such minimum penalties increase with a variety of factors. (more…)

Medina Divorce Attorney

What is a Medina divorce attorney? A Medina divorce lawyer provides representation for divorce, dissolution, post-decree motions, paternity complaint, child custody, child support, civil protection orders, and motion to modify parental rights and responsibilities. Where both parents are Medina residents, such cases would originate in the Medina County Domestic Relations Court, 99 Public Square, Medina, Ohio 44256. This article will limit the scope to outlining the basic hearings for  divorces, dissolutions, and paternity cases, but does not set out every possible motion or procedure in such cases. (more…)