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August 2017 Archives

Ohio Law: When Drinking And Driving Becomes A Felony

Under Ohio law, an OVI charge is ordinarily a misdemeanor and not a felony. Unlike felonies, misdemeanors are not punishable by any prison time and the most serious misdemeanor is punishable by only up to six months of local jail time with a few exceptions. Under certain circumstances, however, operating a vehicle under the influence of drugs or alcohol can elevate to felony charges.

What if I don't want the Court to decide?

When it comes to the most important things in your life, your children and financial security, you likely do not want a stranger deciding your future. When facing divorce, many people want to know what options they have other than litigation. There are many forms of alternative dispute resolution that can be utilized before or after one files a complaint for divorce in Ohio or a petition for dissolution in Kentucky. Many clients have heard terms such as mediation or collaboration, but do not know what they mean or how they can be used in their case.

An Alarming View Of Opioid Prescriptions

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.

Ohio's Sixth District Court Of Appeals Clarifies What Constitutes A Marked Lanes Violation

The Sixth District Court of Appeals in State v. Huffman, 2017 Ohio 7007, recently released a decision clarifying what constitutes a marked lanes violation. This case is valuable for criminal defense attorneys not only because it delineates what constitutes a traffic offense but also because many of our clients charged with OVI are often initially stopped for such a violation. The Court held that a violation of Revised Code § 4511.33, the marked lanes statute, occurs when a driver travels completely across the center line or fog line.

Possessing Two Or More Drugs At The Same Time Leads To Multiple Sentences

Last week, the 12th 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").

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