Ohio Legal Issues Blog

Lawmakers in Ohio have passed several measures designed to get a handle on the prescription of pain medications that can be addicting. The laws are one response to a frightening epidemic of opioid abuse and the resulting deaths. According to one recent estimate, nearly 60,000 people overdosed in 2016, many of them lost to prescription and non-prescription painkillers. Drug overdoses are now the most common cause of death among Americans under 50 years old.

Responsible drug prescriptions

Ohio was forced to act in an attempt to control irresponsible practices at "pain management clinics." The popularity of these clinics rose quickly and coincided with the spike in opioid prescriptions and overdoses. Ohio law now requires that these clinics be owned and operated by one or more physicians. These physicians must meet further requirements, including:

• Having never been denied a license to prescribe, dispense, administer, supply or sell a controlled substance
• Having never had their license restricted for inappropriate actions regarding a controlled substance
• Having never been subjected to disciplinary action by a licensing entity based on inappropriate actions regarding controlled substances 

Last week, the 12^th District Court of Appeals in State v. Woodard, 2017-Ohio-6914 held that drug possession charges based upon the simultaneous possession of two or more controlled substances are not allied offenses of similar import. Essentially, allied offenses of similar import are offenses committed by engaging in the same act with the same motivation or mindset. When someone commits two or more separate offenses that are allied offenses of similar import, the court must merge the sentences of the separate offenses (known as "merger" or "the merger doctrine").

For instance, selling cocaine may bring about a drug trafficking charge and a drug possession charge. However, if a defendant is charged with and found guilty of both, a court can sentence the defendant on only one charge but not both. 

The penalties for people convicted of drunk driving have never been more severe. A conviction for operating a vehicle under the influence in Ohio can land a person in jail, lead to expensive fines, cause the person's license to be suspended and require them to enroll in treatment classes. The penalties can be more severe depending on a number of factors, including prior convictions, higher blood alcohol content levels and more.

Watch our video on the best way to conduct yourself during a police stop if you have been drinking.

Anyone stopped by police on suspicion of driving under the influence is right to be worried. If you have been drinking and the police stop you, you should do all of the following: 

A recent Ohio motorcycle case highlights the importance of your motorcycle insurance coverage 

Uninsured motorist coverage (UM) protects you in the event you are injured when the at-fault driver does not have any insurance. Underinsured motorist coverage (UIM) protects you when the at-fault driver does not have enough insurance to cover the full extent of your injuries. The cost for obtaining UM / UIM insurance is minimal and might save your future. For motorcyclists this type of insurance coverage is a no-brainer.

According to the Insurance Research Council roughly 14% of Ohio drivers do not carry any liability insurance. A large portion of the remaining cars on the road carry only minimum coverage. In Ohio the state minimum coverage for liability insurance is only $25,000. At Rittgers & Rittgers the damages in the majority of the motorcycle crash cases we handle are frequently hundreds of thousands of dollars and sometimes millions of dollars. Medical bills, alone, almost always exceed the $25,000 state minimum.