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Ohio Legal Issues Blog

Motorcyclists are the most at-risk users of the road

If you ride a motorcycle, chances are you have seen some close calls on the road. With spring and summer riding season finally here, you might be anxious to take your first long ride of the year. But, it is important to be aware of the potential dangers other drivers may pose. How can you be prepared?

People who do not ride a motorcycle have a different perspective on road safety. Drivers of passenger cars have a seatbelt, airbags, a quiet cab and a comfortable seat. They are not exposed to the elements or changes in the roadway in the same ways you are as a rider. They may have forgotten about motorcycles on the road during the colder months. This means their instinct to recognize and avoid dangerous behavior may not be as sharp as yours.

Administrative License Suspension Questions: Driving Privileges After An Ohio OVI Arrest

How can the government take my license before I am convicted of a crime?

We all know that we are innocent unless and until proven guilty in this country. Yet, after an OVI accusation, it feels as though punishment is served prior to any conviction and without due process. In most Ohio OVI cases, a person's license is taken immediately upon suspicion of OVI through the "Administrative License Suspension" (ALS). Ohio imposes the ALS because Ohio is an "implied consent" state-essentially your Ohio Driver's license is a contract between you and the state of Ohio, whereby you agree to follow Ohio's rules to drive on Ohio's roads. One of those rules is that you agree to blow into the machine and not blow over in exchange for the right to drive. If you refuse to blow or blow over, then the state can take your license on the spot. While this seems directly related to your criminal OVI charge, it is a civil action by the Ohio BMV against you for violating your implied consent agreement.1

One-Million Dollar Policy Limit Settlement In Motorcycle Case

Charles M. Rittgers, pictured here with a local treasure hunter, recently resolved a case prior to trial for the maximum policy limit of one-million dollars. The metal-detector in this picture was used to find the motorcycle's headlamp that detached during the crash. The headlamp flew into a nearby soybean field and was not found by the police or accident reconstructionist experts after the crash. Retrieving the headlamp, which was a daytime running light, ended the argument the motorcycle was not plainly visible. 

TreasureHunterandCharlieRittgers.jpg

Medical Marijuana Dispensary Possibly Coming To Lebanon, Ohio

State regulators have scheduled a final inspection of 525 Genntown Drive in Lebanon this week as part of the final step towards About Wellness Ohio obtaining the certificate of operation needed to run the facility. If the dispensary passes inspection it could open within a couple of weeks.

All fifty-nine dispensaries in Ohio with are required to be certified to operate before they are permitted to sell marijuana. Currently, thirteen of the fifty-nine dispensaries have been certified to operate. Seven dispensaries, including Lebanon, could soon open within a 60-mile radius of Cincinnati. Currently the closest to southern Ohio is in Columbus.

What Insurance Coverages Are Available For People Injured In An Uber Or By An Uber Driver?

UberCab, now known as Uber, began in 2009 by founders Garrett Camp and Travis Kalanick in San Francisco. Over the years, the company has increasingly gained popularity with Millennials as a form of transportation and a convenient way to avoid DUIs. There are over three million Uber drivers in more than 600 cities.

The coverage issue

Do You Really Need To Pay Extra For Auto Rental Insurance?

The Ohio Department of Insurance provides the following guidelines to help you decide if paying for the extra insurance is right for you.

What are you really paying for when opting for rental coverage?

Collision Damage Waiver (CDW)

It is important to remember that this is not insurance. Rather, the rental car company is offering to waive the provision in the rental contract that makes you legally liable for loss of or damage to the rental car while it is in your possession, regardless of fault. 

What You Need To Say To The Police In Order To Get A Lawyer?

If you are being questioned by the police and want a lawyer, you need to make a clear statement indicating you want a lawyer before your right to counsel is triggered.

Criminal defense lawyers are dismayed at the dismantling of constitutional rights in recent years. We were reminded of our frequent heartache in the recent case of State v. Hammett Marette, where the court held that a defendant had not properly invoked her right to counsel (i.e. her right to not be interrogated without a lawyer present).1 Specifically, the Court held that a suspect who was being questioned did not unambiguously invoke her right to counsel when she said "I want some advice; I want to get up out of here, sir" and "[w]hy shouldn't I have a lawyer at this time?"

Collision While Ubering? What You Need To Know About Coverage.

Ride-sharing options, such as Uber, have exploded in popularity since Uber's release date in 2009 (originally called Ubercab). The increase in popularity means more and more automobile collisions involving Uber and other ride sharing vehicles. Motor vehicle collisions can be caused by the Uber driver or by another driver on the road (third party). Either way, you want to make sure you are covered. In addition to using standard defenses, Uber has been known to fight lawsuits using coverage defenses.

What type of insurance coverage is available if you are injured in an accident while riding in an Uber? 

When And Where Should I File A Claim Against 3M?

When pursuing a defective ear plug claim against 3M for its Combat Arms Earplug (Version 2), you have at least two potential states you could file your lawsuit. The first state is the state where you used the defective Combat Arms Earplug (Version 2) and/or sustained your injuries. The second state is where 3M is headquartered. Each state has different laws on when a lawsuit against 3M for its Combat Arms Earplug (Version 2) has to be filed. In Ohio, the statute of limitations (time to file your lawsuit) for product liability and negligence claims is two years from the date that you knew or should have known that the Combat Arms Earplugs caused your hearing loss or tinnitus. In Minnesota, however, where 3M is headquartered, the statute of limitations is 6 years for negligence claims and 4 years for product claims alleging strict liability.

The Underlying Whistleblower Lawsuit Against 3M

On May 12, 2016, Moldex-Metric, Inc. ("Moldex"), in the name of the United States Government, filed a lawsuit against 3M company for false statements it made to the government regarding the safety of the dual-ended Combat Arms Earplug (Version 2), which 3M sold to the U.S. Military for over 10 years. The Government, through Moldex, claimed that 3M knowingly sold the government Combat Arms Earplug (Version 2) that 3M knew did not work properly. In fact, Moldex claimed that 3M employees were aware that 3M's Combat Arms Earplugs did not work as safely at 3M claimed as early as 2000. Specifically, amongst many allegations, Moldex, asserted that 3M or its affiliated companies knowingly sold Combat Arms Earplug (Version 2) to the military without disclosing that the design of the earplugs were defective, the testing of the earplugs 3M relied on were flawed, and that the noise reduction rating that 3M claimed for the earplugs was not accurate. 

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