Posted on February 06,2023 in Criminal Defense

When facing an OVI (operating a vehicle impaired) charge, it is important to know your rights. Individuals with a blood alcohol concentration above the legal limit are considered intoxicated per se. One of the most common methods for determining intoxication is through a breathalyzer test, but these tests are not foolproof. Consequently, a failed breath test does not automatically mean that the driver will be convicted of drunk driving.

Here are five potential issues with a breathalyzer test that could potentially lead to an acquittal, the OVI case being dismissed, or the charges against you dropped.

Breath Testing Devices Have to be Calibrated to Function Correctly

Breathalyzers have to be serviced and calibrated on a regular basis in order to ensure their accuracy. If it is discovered that the device used during your test was not properly calibrated and maintained, this greatly reduces the reliability of the results. This could potentially be grounds for dismissal of the OVI charge.

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 Posted on January 25,2023 in Estate Planning

Most people consider the term "estate planning" to be synonymous with creating a will. A last will and testament is a very useful estate planning instrument. It can allow you to dictate how you would like your assets to be distributed after you pass away as well as establish a guardian for minor children if you pass away before they are adults.

However, there are other estate planning tools available, such as trusts, that can be even more beneficial in certain situations. In Ohio, trusts come in two forms: revocable and irrevocable. Both have their advantages and disadvantages; it is important to understand the differences between them before deciding which one is best for your estate.

Revocable Trusts May Be Modified and Give You Continued Control over Trust Assets

A revocable trust allows you to maintain control over the assets contained in the trust while you are still alive. This means that you can decide when, how, and to whom the funds will be distributed and change your mind at any time. Living trusts are typically revocable trusts during the person's life and then become irrevocable upon their death.

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 Posted on December 15,2022 in Personal Injury

When most people think of car accident claims and lawsuits, they usually imagine situations where two or more vehicles were involved in a collision caused by one of those drivers engaging in an activity or behavior that resulted in the crash. Unfortunately, there are also many people injured – even killed – in accidents that are the result of a dangerous or defective vehicle part. In these situations, the injured individual may be able to pursue legal action against the vehicle manufacturer or other responsible entity for damages they sustain as a result of the accident.

Vehicle Recalls

Every part of the manufacturing of a vehicle, from the initial design of the vehicle to the time it rolls off the assembly line, involves a process that is supposed to include multiple safety checks and inspections to ensure that all parts of the vehicle are safe. Consumers depend on this process, trusting that the vehicle they are purchasing is free from defects or dangerous issues.

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 Posted on November 02,2022 in Divorce

Traditionally, in the past, when a couple married, whatever assets they each brought to the marriage and whatever assets they amassed together were typically shared. If the couple divorced, then the court would make the final decision on how those assets would be distributed between the two spouses.

Today, many couples execute prenuptial agreements (or in some cases postnuptial agreements), and/or they keep the majority of their assets separate. This usually makes the division of assets fairly straightforward in the event the couple divorce. But even with prenups and separate financial accounts, there are still many couples who choose the traditional route of commingling assets. How does Ohio law address those divorces, especially if the couple has a high net worth?

Equitable Distribution Method

Under Ohio law, the marital estate is distributed according to the equitable distribution method. Keep in mind, however, that equitable does not necessarily mean equal, as is the case in states that use the community property method that divides the marital estate in half. The court’s goal of equitable distribution is to ensure the couple’s assets are divided fairly, and fairly does not always mean equally. Some of the factors the judge will consider include:

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 Posted on October 17,2022 in Criminal Defense

Facing any kind of criminal charge can be a scary experience. Depending on the seriousness of the charge you are facing and the case the prosecutor is preparing against you, a guilty verdict could have a significant impact on your life and your future. You could even be facing prison or jail time. This is why no matter what the issue is, it is in your best interest to have a skilled criminal defense attorney advocating for you.

Motions for Discovery

There are many legal tools criminal law attorneys have to defend their clients. One critical tool is the legal right to obtain any information and evidence the prosecution has gathered in their case against a defendant. The process of obtaining evidence in any legal proceeding is referred to as “discovery.”

In a criminal case, a seasoned defense attorney will file a motion for discovery during the pre-trial phase, requesting the court to order the prosecution to turn over its evidence. This evidence can include:

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 Posted on September 10,2022 in Estate Planning

One of the most exciting times in a person’s life is the birth of a child. There are so many changes and wonderful moments to cherish as you marvel over your new baby and the last thing you are probably thinking about is drafting an estate plan. Many people are under the mistaken impression that estate plans are just for senior citizens, but the truth is that every adult should have an estate plan in place. This is especially true for new parents. Regardless of your marital status, having the legal documents in place that express your wishes for the care of your child should something happen to you is an often overlooked but critical issue for parents to address.

Drafting a Will

A will an essential part of any estate plan, but it is particularly important for parents of minor children. Your will is where you name the person you want to be the legal guardian of your child, the person to whom you will entrust the care of your child if you are unable to care for him or her yourself. If you do not have a person named as a legal guardian, the court will do it and the person they choose may not be the same individual you would have chosen.

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 Posted on August 05,2022 in Family Law

There are many issues that must be decided in an Ohio divorce. If the couple has children, child support may be included in that list. Unfortunately, child support can become a very contentious issue even though which parent will pay and the amount of support are determined by the court. There is often resentment by the paying parent over being legally required to pay. Understanding what child support is actually used for may be able to alleviate some of that resentment.

Child Support in Ohio

Under the laws of Ohio, child support is calculated using the income shares model. Under this method, the court looks at both parents’ gross income and determines what amount of that combined income was dedicated to the child’s care before the parents split up. Economic tables are used by the court to estimate the monthly cost of raising a child and then the paying parent pays a percentage of that amount based on their proportional share of both parents’ combined income.

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 Posted on July 07,2022 in Personal Injury

One of the staples of the Fourth of July weekend is the traditional fireworks celebrations. Many Americans attend community events, but there are also millions of families across the country that put on their own firework displays. Unfortunately, while firework shows can be exhilarating to both old and young alike, they can also be dangerous. National data shows that the number of injuries and deaths that are firework-related has increased by approximately 25 percent over the past 15 years.

Firework Injury Statistics

According to statistics compiled by the U.S. Consumer Product Safety Commission (CPSC), more than 11,500 people were injured in accidents involving some type of firework. Nine people were killed. According to the report issued by the CPSC, the number of victims could have actually been higher except many public events were canceled due to the COVID-19 pandemic. There were 15,600 victims who sought treatment for firework-related injuries in 2020.

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 Posted on June 03,2022 in Estate Planning

Many people work hard all of their adult lives, saving for the future and for their families. When the time comes to finally retire, they may have saved a significant “nest egg” and are secure in the knowledge that their family will be taken care of should anything happen to them. However, there are important issues that people often do not even consider when they are thinking about their estate plans. This is where a skilled estate planning attorney can help.

Estate Planning Considerations with Adult Children

When you sit down with your attorney to work out your estate plan, you will likely be surveying things based on the current situation. For example, your adult children may be happily married with children of their own and you likely consider their spouse as one of your own children.

But what happens if – after you pass, and your adult child has inherited that significant amount of money you have left them – they and their spouse decide to divorce. Will their spouse get half of that nest egg in the divorce settlement?

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 Posted on May 04,2022 in Criminal Defense

Divorce equals stress. There is no way around it. People going through divorce are often dealing with overwhelming stress while navigating not only through the emotional and financial woes of ending a marriage, but also navigating through the family court system.

The last thing a person dealing with this major life event needs to worry about is being arrested and charged with OVI. Unfortunately, it happens, far more often than you would think. Even more unfortunate is not only are there criminal charges to deal with, but an OVI charge can also impact divorce proceedings in a number of ways.

Adds Even More Emotional Stress

Even if you are going through a “friendly” divorce, there is still so much to deal with, no matter how well you and your soon-to-be ex-spouse get along. But throw in an OVI charge and the fragile truce between you and your spouse could collapse over the negative impact this charge can have on you and the relationship you have with your spouse, your children, family, and friends.

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