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February 2020 Archives

Wrong Way Driver on Interstate 75 Kills Three

Three members of a Middletown family were killed on Friday, February 21, when a semitruck driven by Todd Bowling went through a cable barrier on Interstate 75 into oncoming traffic near Moraine, Ohio, in the area of the Heidelberg Distributing Co. facility. Bowling's tractor trailer crossed from the northbound lane into the southbound lane and struck another vehicle. Betty Davis, 57, Amanda Kidwell, 36, and Brayden Jennings, 6, were all killed in the accident. A fourth passenger in their vehicle, 8-year-old Adriana Sanchez, was also critically injured. Law enforcement is still investigating the incident and no charges have been filed at this point.

Speeding Ticket Citations

Everyone knows the feeling of driving down the interstate and seeing a law enforcement officer in the median...your stomach drops. You quickly glance at your speedometer and realize you were going well over the speed limit. Before you know it, the police officer has turned on their lights and pulled you over for speeding. On any given day, many Ohio drivers find themselves in this very scenario. Perhaps the most common traffic violation, a speeding ticket has more consequences than you would think. Depending on your traffic record, profession, or driver's license status, a person should be prepared to fight their ticket in court. While such cases can be minor, you should know your rights and be informed.

Can a Judge Order an Alleged Victim to Allow the Defendant and Their Attorney to Photograph the Inside of Their Home?

No, according a recent decision by the First District Court of Appeals. In State ex rel. S.L. v. Rucker, 2020-Ohio-584, the First District granted a writ of prohibition for S.L. preventing the trial judge from compelling her to allow the defendant or his agent access to her residence. In other words, the First District held that Judge could not order S.L. to allow the defendant access.

Ohio General Assembly to Consider Supreme Court's Proposed Bail Reform

Every year the Ohio Supreme Court proposes rules changes every year, and this year one of the rule changes impacts bail reform and Ohio Criminal Rule 46. One of the major proposed changes is a requirement that defendants have a bail hearing within two business days of arrest and that judges utilize the "least restrictive" conditions when imposing bail. Specifically:

Can Police Officers Lie To You?

Yes, police officers and detectives can lie. It is not illegal for them to do so. This does not mean all police officers do lie. But often times when they do, officers or detectives will employ deceptive tactics to suspects or people who they believe have knowledge of a crime in order to collect information. Of course, they may try this with suspects directly to obtain incriminating information or a damning admission.

What is yours is mine and what is mine is mine too?

How to determine separate property in divorce 

When entering a marriage many spouses combine all their financial assets into joint accounts, buy property together, and proceed under the assumption of 'what is mine is yours' and vice versa. However, this age-old adage does not hold true in a divorce. In Ohio, during a divorce, the court divides into two categories; separate property and marital property. Once the property is categorized, the court then makes an equitable division of all property between the spouses according to the specific facts of the case.

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Rittgers & Rittgers, Attorneys at Law

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