• November 03, 2022
  • OVI
driving under ovi suspenstion ohio

Your Driving Under Suspension in Ohio Questions Answered In Ohio, OVI means operating a vehicle impaired. It falls under the same umbrella of charges as a DUI (driving under the influence) but applies to both motorized and non-motorized vehicles. In Ohio, you commit driving under OVI suspension when you operate a vehicle with a driver’s license that was suspended because of an OVI charge. The crime of driving under OVI suspension is generally a first-degree misdemeanor. Its penalties vary depending on the number of OVI suspension offenses you’ve had. If you have been arrested for driving under OVI suspension in Ohio, you should contact an OVI defense attorney today. What Is the Penalty for Driving with a Suspended License in Ohio? In Ohio, driving under suspension is typically a first-degree misdemeanor offense that carries up to six months in jail. You also face up to $1,000 in fines. The court may also: Impound your license plates, Immobilize your vehicle, or Order you to perform community service. If you are convicted a third time for DUS, you face criminal forfeiture of your vehicle. Finally, you will face an extension of your license suspension of up to one year. When you do get your license back, you must pay reinstatement and service fees. You may also have to take a driving course and a written test to get your license back. Repeat DUS offenses could subject you to having your driver license revoked permanently. DRIVING UNDER OVI SUSPENSION OHIO FAQ What Happens After Each Offense? The penalties for driving under OVI suspension become more severe with the more offenses you have. DRIVING UNDER OVI SUSPENSION OHIO FAQ First Offense Your first arrest for driving under OVI suspension is a first-degree misdemeanor. It carries a mandatory jail term of three consecutive days or 30 consecutive days of house arrest. It also carries a $250 to $1,000 fine and up to a one-year suspension of your license. Furthermore, if the vehicle you were operating is registered in your name, the State will impound both the vehicle and your license plates for up to 30 days. DRIVING UNDER OVI SUSPENSION OHIO FAQ Second Offense Your second arrest for driving under OVI suspension within six years of your first offense is still a first-degree misdemeanor. It carries a jail term of at least 10 consecutive days to one year or house monitoring of at least 90 days to one year. It also carries a $500 to $2,500 fine and up to a one-year suspension of your license. Additionally, the State will impound both the vehicle and your license plates for up to 60 days if the vehicle is registered in your name. DRIVING UNDER OVI SUSPENSION OHIO FAQ Third Offense Your third offense of driving under OVI suspension within six years of your first offense is an unclassified misdemeanor. It carries a jail term of at least 30 consecutive days to one year. It also carries a $500 to $2,500 fine and a license suspension of up to one year. Unlike your first or second offense, you lose the vehicle you were operating to the State if it is registered in your name. An Ohio OVI attorney can help you understand how these penalties might apply to your case. DRIVING UNDER OVI SUSPENSION OHIO FAQ What Are the Possible Reasons for Driver License Suspension in Ohio? You can lose your driver license in Ohio for reasons that include: OVI/DUI conviction, Reckless operation of a vehicle, Lack of registration or insurance, Default on your child support, and Excessive traffic violations. If you fail to appear for a court date or default on a judgment, the court also has the option of suspending your license. One of the most common reasons for license suspension is getting arrested for DUI or OVI. When the police arrest you on DUI charges, your license is automatically suspended. You can appeal the suspension through the Ohio Bureau of Motor Vehicles (BMV). However, you have only five days to formally request an administrative hearing to appeal. Note that these charges can potentially be reduced or eliminated with the help of a DUI defense lawyer. DRIVING UNDER OVI SUSPENSION OHIO FAQ How Can an OVI Defense Lawyer Help You? Driving with a suspended license in Ohio puts you at risk for a variety of harsh penalties. Repeat offenses place you at an even greater risk for jail time and fines. For these reasons, talking to a criminal defense lawyer about your options is critical. Because Ohio DUS penalties can be so harsh, your attorney may recommend appealing your suspension if possible. The process for appeal can be daunting, and unless you understand how this process works, you may lose your appeal. Having an attorney to represent you at your BMV hearing will give you the best chance of success. A lawyer can help you defend against a charge of driving under OVI suspension. Common defenses a lawyer can raise arise from your rights under the United States Constitution. DRIVING UNDER OVI SUSPENSION OHIO FAQ Possible Defenses to Your Arrest After Driving Under Suspension in Ohio Constitutionality of the Traffic Stop A lawyer can challenge the constitutionality of your traffic stop when defending against your OVI suspension charge. Under the Fourth Amendment, police need reasonable suspicion to pull you over. Reasonable suspicion means that specific articulable facts support an inference that you committed a crime. Most of the time, an officer observing any traffic infraction supports reasonable suspicion. Sometimes, facts surrounding the stop may not support a finding of reasonable suspicion. Talk to an OVI defense lawyer today to find out if you can challenge evidence supporting your charge under the Fourth Amendment. Coerced Statements You have the right not to make self-incriminating statements under the Fifth Amendment. Sometimes, after an arrest, a police officer may coerce you into making statements before advising you of your constitutional right to remain silent. If a police officer manipulated you into making incriminating statements, an OVI defense lawyer...

Read More
second degree misdemeanor

Facing criminal charges is a daunting prospect for anyone. On top of the risk of fines and jail time, having a criminal record can disrupt your life in a number of other ways. If you face second-degree misdemeanor charges, it is vitally important to understand the potential consequences that follow a conviction.  Potential Penalties for Second-Degree Misdemeanors Ohio law splits misdemeanors into five different categories or levels. Ohio law bases the misdemeanor level on the seriousness of the crime. Minor misdemeanors are the least serious, and first-degree misdemeanors are the most serious. The severity of punishment corresponds with the level of the crime. Above first-degree misdemeanors are fifth-degree misdemeanors.  In Ohio, second-degree misdemeanors include theft, shoplifting, vandalism, and manufacturing or selling drug paraphernalia. Conviction of a second-degree misdemeanor can bring two primary types of punishment in Ohio: a fine and jail time. The maximum incarceration period for a second-degree misdemeanor in Ohio is 90 days. The maximum fine is $750. If convicted of a second-degree felony, the punishment can include one or the other, or both. It is important to note that these are the maximum punishments that a judge can impose.  Mitigating Circumstances and Mitigating Punishments Punishment for a second-degree misdemeanor may end up less severe than the maximum based on mitigating circumstances. Mitigating factors do not mean that a person did not commit a crime. Instead, they lessen the severity of a crime in the eyes of the law and society and thus lessen the imposed punishment’s severity. Mitigating factors include things like: Remorse of a perpetrator; The culpability of the victim; A perpetrator’s clean record; Irregular circumstances surrounding the crime; and Relative necessity. An experienced criminal defense attorney will work closely with you to figure out which mitigating factors they should present to the judge to lessen the severity of a second-degree misdemeanor sentence.  Mitigating punishments may also lessen the severity of the jail time or fine imposed by the courts. Mitigating punishments include things like community service, probation, counseling, drug treatment, or license suspension. In some cases, a judge will impose a mitigating punishment of their own volition. However, in other cases, someone facing criminal charges and their defense attorney can ask for mitigating punishments themselves. A judge will assess the facts of the case and mitigating factors to determine whether circumstances warrant a mitigating punishment. How a Criminal Defense Attorney Can Help If you face a second-degree misdemeanor charge, the best thing you can do for yourself is to hire an experienced criminal defense attorney. Your criminal defense attorney will work closely with you to hear your side of the story and craft a suitable defense for it. On top of the possibility of beating the case in court, your attorney can fight to have your case dismissed, argue for your sentence to be reduced or mitigated, or negotiate a plea bargain to drop the criminal charges to a lower level. An experienced criminal defense attorney is your best bet to beat or lessen the severity of criminal charges. Contact Us If You Are Facing a Second Degree Misdemeanor Charge in Ohio If you face a second-degree misdemeanor charge in Ohio, you may feel like you are against the world. However, you don’t have to be alone in your fight to protect yourself. Gounaris Abboud, LPA’s criminal defense attorneys can help you fight to prove your innocence. With over 50 years of combined experience, the attorneys at Gounaris Abboud, LPA, have seen it all and helped countless clients. Our firm is bold in its criminal defense and not afraid to take on the most challenging cases. No matter what the charge is, Gounaris Abboud, LPA, is here to help, so contact us today for a free consultation.

Read More
First-Degree Misdemeanors Ohio

Arrested for a first-degree misdemeanor in Ohio? Call 973-222-1515 The United States government is set up to allow each state to create its own criminal law. In most states, including Ohio, most crimes fall into two categories or “grades”—felonies and misdemeanors. While misdemeanors are less serious than felonies, a misdemeanor conviction can still have a significant impact on your life. For example, depending on the offense, a first-time misdemeanor offense can carry the possibility of fines, probation, and even jail time. If you’re ready to start your defense, contact the experienced Ohio criminal defense attorneys at Gounaris Abboud, LPA today. The Degrees of Ohio Misdemeanors In Ohio, there are five types of misdemeanors. Minor misdemeanors, Fourth-degree misdemeanors, Third-degree misdemeanors, Second-degree misdemeanors, and First-degree misdemeanors. Minor misdemeanors are the least serious, and first-degree misdemeanors are the most serious. Many crimes can be graded in different ways, depending on the facts alleged by the prosecution. For example, domestic violence (Ohio Revised Code section 2919.25), can be a fourth-degree misdemeanor, third-degree misdemeanor, second-degree misdemeanor, or first-degree misdemeanor.  In the case of domestic violence, the crime is a first-degree misdemeanor if someone knowingly causes or attempts to cause physical harm to a family or household member. Domestic violence is also a first-degree misdemeanor if you recklessly cause serious physical harm to a family or household member. Other examples of first-degree misdemeanors include: Driving under the influence of drugs; Petty theft of items valued at $1,000 or less; Driving on a suspended license; and Assault. As stated, first-degree misdemeanors are the highest grade of this crime classification and generally carry the stiffest penalties. Punishments for First-Degree Misdemeanors In most cases, if you are convicted of a first-degree misdemeanor in Ohio, the judge has discretion in how to sentence you. This means the judge will hear arguments from your misdemeanor attorney as well as the prosecution and then determine what the appropriate sentence will be. In some cases, the judge may also allow the victim to present a “victim impact statement.” However, generally, a first-degree misdemeanor conviction carries the following penalties: Up to six months in jail; and Up to a $1,000 fine. Depending on the nature of the offense, a judge may also impose other punishments, including mandatory house arrest, community service, probation, drug testing, or counseling. Typically, these punishments are alternatives to incarceration. For instance, if the judge sentences you to probation with community service and drug testing but you fail to complete the requirements as ordered—the court will likely sentence you to jail time instead. When determining what the appropriate sentence is, a judge will consider several factors: The prosecutor’s recommendation; The impact the crime had on the victim’s life; The level of remorse expressed by the defendant; The defendant’s prior record; and The impact incarceration would have on the defendant’s life. Generally, a first-time misdemeanor charge will not result in a jail sentence. However, in the case of more serious misdemeanors, jail time may be on the table. Additionally, some first-degree misdemeanors carry mandatory minimum sentences. Why Having a Criminal Defense Attorney Is Crucial for Those Facing First-Degree Misdemeanor Charges It is important for anyone facing first-degree misdemeanor charges to contact an experienced criminal defense attorney. Not only will a criminal law attorney help you determine the best way to defend against the allegations, but they can also advocate on your behalf during plea negotiations and at a sentencing hearing.  For sentencing hearings, attorneys know the types of things judges want to hear and the most effective way to convey this information. For example, many people convicted of a first-degree misdemeanor believe that they should hide their substance abuse issues from the judge because it may involve admitting to past criminal activity. However, often a judge who learns of a defendant’s mental health issues (including substance abuse) may be more inclined to fashion a rehabilitative sentence instead of one that includes jail time. It isn’t that drug use is an “excuse” for a person to commit a crime, but it certainly plays into the overall circumstances that a judge may consider when coming up with a sentence.  That said, it is also essential to present this information in an effective manner that may compel the judge to be lenient. Experienced attorneys know how to do this, and they often even know the judge. Knowing the predisposition of the judge can be quite valuable, and help your attorney fashion an argument that is most likely to get you a positive result. Attorneys may also be able to negotiate an agreement between you and the prosecution for a sentence that you can live with. This avoids the uncertainty of trial and can spare you the stress of not knowing what your future holds. Contact an Experienced Ohio Criminal Defense Lawyer Today If you were recently arrested for a first-degree misdemeanor, reach out to the dedicated criminal defense attorneys at Gounaris Abboud, LPA. At Gounaris Abboud, LPA, our Ohio criminal defense lawyers have decades of experience representing clients facing all types of crimes, ranging from a first-time misdemeanor offense to serious felony charges. We understand that facing criminal charges is a stressful experience, and we do everything we can to put your mind at ease throughout the process. To learn more, and to schedule a free consultation, give us a call at 937-222-1515 today. You can also reach us through our online contact form.

Read More
commonly used weapons in homicides

According to the CDC, there were 24,576 homicides in the United States in 2020. Broadly, homicide is defined as the deliberate and unlawful killing of another person. There are many ways people commit murder using objects clearly defined as weapons, everyday objects, or no weapon at all. However, there are three categories of commonly used weapons for homicides: firearms, knives, and body parts, including fists or feet. As you will see, firearms come out on top of the list of most common weapons used for homicides in our country. Murder by Numbers In the United States, as one might imagine, firearms are the leading cause of homicides. Firearms are a vast category encompassing many different types of guns. There are several different types of firearms most often used in homicides. The FBI researched to determine homicides by weapon type within the United States. The data was based on 13,922 out of 16,425 total homicides in the U.S. in 2019. The main focus of the study was to determine which firearms were most frequently used. However, the study did also compare those murder rates to non-firearm homicides. The data revealed that non-firearm weapons made up for about a quarter of all murders in the U.S. This includes knives and bodily weapons such as hands, fists, and feet.  Most Common Murder Weapon Of the leading causes of murders in the U.S., the FBI report unsurprisingly concludes that firearms are at the very top of the list. Out of the 13,922 homicides analyzed, 10,258 were committed using a firearm.  The study dove deeper and further broke that down by firearm type, classifying them into four categories: handguns, rifles, shotguns, and unknown types. While the news and media often spotlight “assault-style rifles,” that is not the most common murder weapon. Handguns were the type of weapon found to be the leading cause of murders. The FBI data further revealed that handguns were used in 45.7% of homicides nationwide. The following is a simple breakdown of the percentage of each type of firearm used in nationwide homicides: Handguns 45.7%; Rifles 2.6%; Shotguns 1.4%; and Firearms (type unknown) 23.9%. Although assault-style rifles are generally the center of attention, it does make sense on a fundamental level why the most common weapons used for homicides are handguns. Handguns are easy to carry because they are lightweight, small, and easily concealable. It stands to reason that handguns would be the gun of choice for homicides, robberies, and gang violence. A pistol is ideal if the perpetrator needs to hide the weapon to avoid being caught. The more diminutive stature of a handgun makes it favorable over a long gun. The need for a small, concealable firearm is especially true in inner cities and heavily populated urban areas.  Ohio Statistics In 2019, there were 521 homicides in Ohio, and 178, or 34.2% of them, were committed using a handgun. During the same time period, 188 homicides were committed using a firearm, while only 26 used a knife or other cutting instrument, and only 25 used bodily weapons.  Knife Deaths in the U.S.  While it is clear the most common type of murder weapon in the United States is a firearm, knives seem to be the second most used weapon of choice. Knife deaths in the U.S. are a problem and occur at a relatively high rate. According to the FBI, knife deaths accounted for 1,476 homicides, or 10.6% of all homicides nationwide. As with handguns, knives are easily concealable and lightweight, making them a popular weapon.  Homicide Rates Are at a High In 2020, the murder rate rose drastically by close to 30%. It is reported that approximately 75% of these murders were committed with a firearm. This data may come as a surprise to some people. According to the CDC, 2020 had the highest homicide rate since 1995. Murder remains a problem in the United States, and it remains to be seen whether the best approach to curtailing increased homicide rates is on the state or federal level. We Can Help If you have been charged with a crime, up to and including homicide, you need an excellent attorney to help protect your rights. At Gounaris Abboud, LPA, we pride ourselves on offering our clients personal, one-on-one attention. We take each and every case very seriously. Our committed and compassionate lawyers have 50 years of combined experience and an excellent reputation to back up our claims of offering you the most aggressive defense possible. Call 937-222-1515 or contact us online today for a free case evaluation.

Read More
Driving Without a Valid Operator’s License in Ohio

Every state within the United States controls driving privileges by requiring anyone operating a motor vehicle to have a valid driver’s license. Further, drivers are required to abide by laws and restrictions when driving. Should a motor vehicle operator break the law one too many times, they may have their driving privileges revoked. This means they no longer have a valid driver’s license and cannot lawfully operate a car. Each state has its own particular requirements and penalties. If you were caught driving without a valid operator’s license in Ohio, there are a few different charges you could face depending on the specific circumstances. The penalties can range from minor fines to license suspension and even incarceration. Reach out to our experienced Ohio attorneys at Gounaris Abboud, LPA, to discuss your case and defense. Ohio Law In Ohio, no person is allowed to operate any motor vehicle on a public road or highway or any public or private property used by the public for purposes of vehicular travel or parking unless the person has a valid driver’s license.  Is it Illegal to Drive Without Your License on You? Even if you have a valid license, it is still against the law to drive without having your license in your possession. So you might be wondering, What happens if you get pulled over without your license on you? Drivers are required to have their license on them anytime they are operating a motor vehicle. If the police catch you driving without your license on you, but you have a valid driver’s license, this is still a violation of Ohio law.  Specifically, you may be issued a ticket for driving without proof of license in Ohio. If found guilty, you could face up to six months in jail and up to $1,000 in fines. Expired Drivers’ License If you are convicted of driving without a valid driver’s license in Ohio because your license is expired, you will be charged with a minor misdemeanor and face a fine of $150. No Operator’s License: Ohio Fine and Penalties We are often asked, What happens if you get caught driving without a license but with a permit in Ohio? A learner’s permit is not a driver’s license and does not allow operators to drive carte blanche. There are restrictions during the learning and provisional process that must be followed. Drivers with a temporary instruction permit under the age of 16 must have a parent, guardian, or licensed driving instructor in the passenger seat while driving. If the learner is 16 or older, they are bound by this restriction only between the hours of midnight and 6:00 a.m. Otherwise, they must be accompanied by a driver over the age of 21. In both scenarios, the supervising driver cannot be intoxicated. If you violate these provisions, it could result in an extended probationary period. Penalties It may not be the crime of the century, but driving without a license can result in significant consequences. Two of the most common penalties are fines and further license revocation or suspension. Can you go to jail for driving without a license in Ohio? Depending on the specific offense and your prior driving record, you can potentially face jail time for driving without a license. First Offense Generally, a first offense for driving without a license in Ohio will result in only fines and fees. You may also be sentenced to a community residential sanction, otherwise known as community service. If you are convicted of driving without a valid driver’s license and have never been licensed, your charge would be an unclassified misdemeanor. In addition to a fine of up to $1,000, you could be ordered to complete up to 500 community service hours. Second or Subsequent Offense If you are convicted for second or subsequent driving without a valid driver’s license offense, your charge would be a first-degree misdemeanor. The punishment now increases to up to six months in jail and up to $1,000 in fines. Three-Year Rule The court may impose a license suspension of up to one year if, within three years of the current offense: The offender previously was convicted of or pleaded guilty to one or more violations of this section, and  The offender’s license has expired for more than six months at the time of the offense.  Under such circumstances, you’d be wise to consult an attorney. Help Is Here At Gounaris Abboud, LPA, we have more than 50 years of collective experience in criminal defense and motor vehicle violations. Driving without a license in Ohio can have serious consequences and even negatively impact your ability to earn a living. We understand things happen at all hours of the day, not just during business hours. At Gounaris Abboud, LPA, we are always available 24/7 to take your call. Contact us to schedule a free, no-obligation consultation with one of our premier attorneys.

Read More
Stalking and Sexually Oriented Offense Protection orders

Ohio offers victims of sexually oriented offenses or stalking the ability to obtain a protection order that prevents the alleged offender from taking specific actions, such as: Contacting the alleged victim, Threatening the alleged victim, Going to the alleged victim’s home or workplace, or Physically assaulting the alleged victim. If you are facing a protection order in Dayton, Ohio, reach out to Gounaris Abboud, LPA as soon as possible.  Different Types of Protection Order in Dayton, Ohio A judge can grant a temporary protection order (TPO), which lasts for only a short period until the court can hold a hearing on a full order. The judge can grant a TPO following allegations: Domestic violence, Aggravated assault, Felonious assault,  Menacing by stalking, or Aggravated trespass. Violation of a TPO is a criminal offense.  A civil protection order issued under Ohio Revised Code Section 3113.31 applies only to domestic violence situations. That means the alleged act of violence must have occurred toward the accused’s household or family member. A civil protection order can remain in effect from six months to five years. If the alleged victim is not a family or household member, the victim can request a criminal protection order if the accused faces charges for any of the following criminal offenses: Felonious assault, Aggravated assault, Assault, Aggravated menacing, Menacing by stalking,  Menacing, or Aggravated trespass. The criminal protection order can apply to the alleged victim, as well as their family members, if they are in danger. Stalking or Sexually Oriented Offense Protection Orders in Ohio Stalking or sexually oriented offense protection orders (SSOOPO) are different from customary protection orders in Ohio. To file for an SSOOPO against someone 18 or older, the alleged victim has to file their petition in the court of common pleas in the county they live in.  There is no cost to file the petition for an SSOOPO, get the order issued, or enforce the order. Additionally, law enforcement will serve the order free of charge. If the petitioner can show that the suspect engaged in conduct that would cause a reasonable person to believe that their health, welfare, or safety were at risk and that the suspect presents a continuing danger to them, the judge can order electronic monitoring. When someone files for an SSOOPO, the court will hold an ex parte hearing with the accuser and collect information about the circumstances. The judge will then decide whether to issue a temporary protection order until the full hearing occurs. The judge will schedule the full hearing within seven to ten days after the petition is filed. At the full hearing, both parties will have an opportunity to present their side of the case. After the hearing, the judge will decide whether to grant a final protection order, which can last up to five years. Civil Stalking Protection Order in Ohio A victim can apply for a civil stalking protection order in Ohio against anyone who has committed the crime of stalking or menacing by stalking. Menacing by stalking occurs when a person knowingly engages in a “pattern of conduct” that makes the victim believe the stalker will hurt them physically or causes them mental distress. Mental distress typically means any condition that would require counseling or therapy. Examples of stalking behavior include things like: Tracking the victim’s location with GPS or cell phone applications, Trespassing in the victim’s home or workplace, Threatening the victim or their family, Scrupulously monitoring the victim’s social media, and Following the victim home repeatedly. To constitute a “pattern of conduct,” the alleged victim needs to demonstrate at least two actions or incidents of concern by the suspect. Ohio Sexually Oriented Protection Order . A sexually oriented offense occurs when someone commits or attempts to commit: Rape, Sexual battery,  Unlawful sexual contact with a minor,  Gross sexual imposition, Importuning, Voyeurism, Prostitution, Pandering obscenity, or Menacing by stalking with sexual motivation. An arrest is not required for a sexually oriented offense protection order. Instead, the petitioner must show that the suspect committed one of the sexually oriented offenses listed above. Violating a Protection Order Violating a protection order is considered a misdemeanor of the first degree in Ohio. A first-degree misdemeanor in Ohio carries a maximum penalty of up to six months in jail and a fine of up to $1,000. If the named party violates a protection order while committing a felony, the violation is a felony in the third degree. A third-degree felony in Ohio carries a maximum penalty of sixty months in prison and a fine of up to $10,000. Should I Hire an Attorney for a Protection Order in Ohio? When the court grants a protection order, they will do so after hearing evidence from both parties to the order. During the hearing, you can dispute the petitioner’s allegations against you and offer your own statement. Having an attorney to represent you during the hearing can prove a valuable benefit to your case.  Protection orders often arise in high-stress, complicated situations and can impact your life in many negative ways. Gounaris Abboud, LPA, can provide the information you need to navigate this process and fight a protection order in Ohio. Contact our office today to discuss your case.

Read More
  • September 21, 2022
  • OVI
OVI resources

According to the National Highway Traffic Safety Administration (NHTSA), the United States saw 11,654 fatalities in alcohol-involved car accidents in 2020. In fact, the number of fatalities in alcohol-involved crashes increased by 14.3% from 2019 to 2020. In Ohio, approximately 36% of all traffic fatalities occurred in alcohol-involved accidents. If you are facing charges for operating a vehicle impaired (OVI) in Dayton, contact an OVI attorney at Gounaris Abboud, LPA today. We offer all of our clients the one-on-one attention they deserve. Our attorneys take the time to listen to your needs and address all your concerns about your case. A Dayton OVI lawyer can help you navigate your criminal proceedings and advocate on your behalf. Contact the team at Gounaris Abboud to start your free initial consultation. What Is OVI in Dayton?  Ohio law prohibits motorists from operating a vehicle while under the influence of alcohol, drugs, or any combination of the two. Ohio refers to this violation as OVI or DUI. For drivers age 21 or older, the legal limit for your blood alcohol concentration (BAC) is .08%. If you are under 21, the legal limit is .02%. Ohio considers a first-time OVI conviction a first-degree misdemeanor. A first-degree misdemeanor carries a minimum 3-day jail sentence, a maximum sentence of 6 months in jail, a fine of up to $1,075, and mandatory attendance of a driver’s intervention program for three days. A second OVI conviction within ten years is still considered a first-degree misdemeanor. However, the mandatory jail time increases to ten days, and the maximum possible fine increases to $1,625.  The third OVI conviction carries the following potential penalties: Between 30 days and one year in jail, A fine of up to $2,750, Vehicle forfeiture, and Mandatory participation in a community addiction program. Only OVI convictions received within the past ten years count to enhance your penalty. OVI Resources: Ohio Driver Intervention Program The Ohio Driver Intervention Program (DIP) offers individuals arrested for OVI an alternative to the mandatory three-day jail sentence, at the court’s discretion. The DIP includes small group discussions and traffic safety education on alcohol, drug abuse, and addiction. The educational curriculum offered by the DIP includes the following information: Physical, psychological, and social consequences of alcohol and other drug use; Physiological and psychological effects of alcohol and other drugs on driving performance; BAC, drugs, and the definition of legal impairment; Symptoms of alcohol and other drug abuse; Progressive nature of alcohol and other drug dependence; Levels of license suspension and revocation; Fines and levels of incarceration; and Treatment and self-help resources for alcohol and other drug addiction. DIPs involve a two- or three-day process of education and screening. All DIPs are certified by the Ohio Department of Mental Health and Addiction Services, and they are usually held at hotels. Locations, dates, and hours of operation are available at most courthouses. A list of DIP locations in Ohio is available online. How Can an OVI Attorney Help My Case?  Hiring an attorney to defend yourself against OVI charges can make a significant difference in your case. We have decades of experience defending OVI cases and have picked up a lot of knowledge and experience along the way. You can rest assured that we will: Prepare a strong legal strategy to present to the prosecutor; Advocate to have your charges reduced or dismissed; Investigate the circumstances of your case and ensure we have a thorough understanding of what occurred; and Offer the highest level of legal representation that we can achieve.  Do not accept an unfavorable plea agreement before you have a chance to consult with an OVI lawyer. Otherwise, you might face stiffer penalties. Instead, consult with an experienced attorney at Gounaris Abboud, LPA for OVI help in Dayton. Contact Gounaris Abboud Today to Learn About More OVI Resources An OVI conviction can result in serious consequences. Of course, each case is different. However, in many situations, it will be beneficial to obtain an attorney to help you defend your case.  Collectively, our team has more than 30 years of experience in the courtroom. One of our managing partners, Nicolas G. Gounaris, is a seasoned attorney with experience as a prosecutor, magistrate, and acting judge—a background that gives him a unique outlook on defending criminal cases. Additionally, Mr. Gounaris received nominations from his peers to the Super Lawyers list for ten consecutive years, from 2012 through 2021. Further, Mr. Gounaris has been recognized by the National Academy of Criminal Defense Attorneys (NACDA) as a “Nationally Ranked Top 10” in 2014 and 2015 and was named a recipient of the “10 Best Client Satisfaction” Award for Criminal Law by the American Institute of Criminal Law Attorneys in 2014 and 2015. When it comes to fighting OVI charges in court, no case is too complex for our skilled defenders. From start to finish, the experienced and awarded Dayton DUI attorneys at Gounaris Abboud, LPA can help you preserve your liberties.

Read More
3rd dui offense in ohio

The legal system is harsh when you’ve been arrested for the same crime multiple times. According to Ohio’s laws on Operating a Vehicle Impaired (OVI), punishments increase for a second drunk driving conviction, a third, and so forth. You can fight the charges to get a favorable outcome in your case. To do so, you’ll need an Ohio DUI defense attorney to represent you and fight for your rights. You should also review some critical information about the proceedings. Summary of Multiple Offenses Under Ohio DUI Laws Regardless of how many previous convictions are in your criminal history, the standards for OVI are the same. You can be arrested under two different circumstances: Police pulled you over and asked you to take a chemical test, in which you registered a blood alcohol content (BAC) of .08% or more; or, Officers stopped you and had reasonable suspicion that you were impaired by alcohol. There is a statute about high BAC amounts, which could affect your sentence in a drunk driving case. Any BAC amount of .17% or higher may implicate more penalties. Penalties Increase for a Third DUI Conviction If you’re convicted for a third drunk driving offense for impairment or a BAC over .08 through a chemical test, the criminal punishment is severe. For purposes of the law, keep in mind that the look-back period is ten years. Mandatory sentencing applies for a conviction: A judge may sentence you to 30 days to one year in jail. Upon release, the court may impose at least three months of electronic home monitoring. You’ll receive a mandatory fine of at least $850. Your driver’s license will be suspended for at least 24 months and up to 10 years. Other consequences may also apply in your case. Though you may have limited driving privileges to get to and from school, your job, and other essentials, you’re not eligible for at least 180 days after your arrest. You’ll need to install an ignition interlock device (IID) on your vehicle during this time, and you must attend a substance abuse program. Retain an Ohio OVI/DUI Lawyer Who Will Defend Your Interests There are severe consequences for a third DUI offense, including higher fines, longer terms of incarceration, and other penalties. Don’t put your rights at risk by trying to represent yourself in such a case. Trust one of our attorneys at Gounaris Abboud, LPA to advocate on your behalf. Please contact us to set up a consultation, where we can review your circumstances and determine how to proceed with your defense.

Read More
parent child relationship parentage

Parent and child relationship means the legal relationship that exists between a child and the child’s natural or adoptive parents and upon which those sections and any other provision of the Revised Code confer or impose rights, privileges, duties, and obligations. The “parent and child relationship” includes the mother and child relationship and the father and child relationship. How Does Someone Establish Paternity? In some cases, the court must decide parental rights. In other situations, the person is a child’s biological parent. With adoption, it would be a non-biological parent. The parent and child relationship is legal and imposes duties, obligations, rights, and privileges.  In Ohio, there are three primary ways to establish paternity.  Marriage The most common way to establish parental rights is through marriage. The law assumes paternity when a couple is married when the mother gives birth. Paternity will also be assumed when the child is born within 300 days after divorce or death. Parties have the right to dispute this at a support hearing, but resolving such a dispute would require genetic testing. If the mother is unmarried, the child has no legal father, and parentage must be established by one of the remaining two options.  Acknowledgment of Paternity Affidavit The affidavit of parenting time is a form that’s available at the hospital when the mother is in labor. You can also pick one up at the nearest Child Support Enforcement Agency (CSEA). Both parents must complete the affidavit form and have it notarized. Completing the acknowledgment of the paternity affidavit is a voluntary process for establishing the identity of the child’s biological parents. Mothers who have doubts about who the father is should not let someone sign the affidavit. It’s better to proceed with genetic testing first if any doubt exists.  Filling out the form requires a photo ID. Each parent must provide their full name, address, date of birth, and Social Security Number (if applicable). The father will also need to provide his birth state or country. Both parents must sign the form in front of a notary, but they don’t need to do it at the same time. For the affidavit form, free notary services are available at hospitals, CSEAs, or local registrars and health departments.  Genetic Testing The third method of establishing paternity is through genetic testing. This option usually happens when someone is contesting paternity, or the child’s parentage is in question. Parentage testing is done by swabbing skin cells inside the mouth of the child, mother, and potential father. For the court to confirm paternity, the test results must indicate a 99% chance of paternity. If the court or CSEA issues an order for paternity, the potential father could face legal troubles for not cooperating with the order.  When you establish parentage through genetic testing or the affidavit, results are sent to the Central Paternity Registry in Ohio. The Central Paternity Registry (CPR) is a federally-mandated program that requires each state to maintain a paternity registry for all children born to unmarried mothers.  Establishing Rights and Benefits  For many people, voluntarily establishing paternity is desirable. Parents typically want to have their name on the birth certificate, and they want to enjoy the legal rights and obligations of being a parent. Some of the benefits are as follows:  The father gains legal rights to their child once their name is added to the child’s birth certificate. That gives the child access to benefits such as life insurance, Social Security, inheritances, and military benefits, if applicable.  The child has access to their father’s health insurance, and they have information on both the mother’s and father’s medical histories.  One of the most obvious benefits of establishing paternity is the opportunity for a child to bond with their father.  What Happens After You Determine Paternity? What happens once you determine paternity might vary depending on your circumstances. If both parents are in a committed relationship, there may not be a need to file anything with the court. For parents who are not together, it may be necessary to file for custody and child support. The court might issue an order that allocates custody and each parent’s rights and responsibilities. Each parent will have the opportunity to present evidence supporting what they believe to be in the child’s best interests.  The court will also request health insurance information and proof of income to determine a reasonable award for child support.  Do You Need to Hire a Family Law Attorney? While you are under no obligation to hire a lawyer for parentage matters, it’s definitely wise to do so. The legal team at Gounaris Abboud, LPA, has over 50 years of collective experience in family law matters. We understand how quickly things can turn sour in paternity cases. We can assist you if you are the mother requesting someone get genetic testing or if you are the father who needs help establishing parental rights.  Don’t jeopardize your potential rights by trying to handle a parentage case independently. Our family law attorneys stand ready to help. Contact our office at 937-222-1515 to schedule an initial consultation. 

Read More
post decree motion

Once your divorce is finalized, you might assume it’s over, and you won’t have any further dealings with your ex-spouse. However, that is not always the case—especially if you have minor children and are co-parenting. Sometimes one party’s circumstances change, or someone is not abiding by the divorce terms and needs to be held accountable. In these situations, you may need to start the legal process of enforcing or modifying a court order. This process is known as filing a post-decree motion, which can be rather complicated. Hiring an experienced post-decree motions attorney is crucial if you want to ensure that you get the best result possible. Filing for a post-decree modification means going back to court to resolve something after the court has finalized the divorce. The attorneys at Gounaris Abboud, LPA, understand the frustration and stress associated with pursuing a post-decree modification. But don’t worry. We can help you fight to enforce or modify an existing court order. Examples of Post-Decree Modifications You might need a post-decree modification for many reasons. The three main topics that could require filing a post-decree motion are spousal support, child support, and custody agreements. A significant change might have happened since the divorce was final. For instance: One party’s income could have significantly decreased,  One party might have lost their job entirely, A party might have gotten a promotion and a big raise, One party’s living situation might have changed, or they might have gotten remarried, One of your children might have turned 18 and no longer requires support, or  Perhaps you found something that was not handled correctly in the original division of your marital property.  These and other significant changes might occur after your divorce is final. If so, Gournaris Abboud, LPA, is here to help if you need to file a post-decree motion. Here is a more in-depth look at each of the common post-decree modifications. Spousal Support Spousal support can be a hotly-debated issue in a divorce, especially when the court orders one partner to pay support. If one spouse experiences a significant change in circumstances, the court may consider modifying the existing award. Usually, a significant change must be something like either party’s involuntary loss of their job. When the payor spouse (the one who pays) loses their job but has diligently paid previous spousal support, the court could change the payment amount or duration of payments. But be prepared for the court to scrutinize whether the situation is a valid hardship.   Child Custody Child custody is routinely discussed in post-decree modifications when it’s necessary to change visitation or the allocation of parental responsibilities. Courts do not take modifications to child custody lightly. Before the judge agrees to any changes in the current custody agreement, the parent asking for a change needs to show the following: There’s a substantial change in circumstances since the active custody agreement, Changing the custody agreement is in your child’s best interests, and Changing the existing agreement will benefit the child more than leaving the current one intact. Child custody modifications are some of the most complicated post-decree motions. It’s essential to hire an experienced post-decree matters attorney. Otherwise, you could jeopardize your chances of getting the modification you need.   Child Support Child support is something else you might need to address in a post-decree motion. The recipient parent might need to return to court to ask for additional funds because the child’s situation has changed. Perhaps your child needs emergency medical care, has been diagnosed with a severe illness or disease, or has unexpected new school-related costs. These scenarios can point to a significant change in circumstances that requires the court’s review to determine whether additional child support is necessary. It’s also common to address child support in a post-decree modification when something is changing with the custody arrangement. If the parent ordered to pay support now has taken on more parental responsibility and visitation time, they may not need to pay the same amount of support. How a Post-Decree Motion Works You will need to go back to court to enforce or modify a court order from your divorce. Your post-decree motions attorney will file the motion describing what you want and the facts that support your modification request. You will need to serve your ex and give them a chance to respond. Then, you will both go to court on a specified date to discuss the motion and issues in dispute.  Before the hearing date, both sides can conduct their own investigation and gather evidence. This is known as discovery. You might use written questions (interrogatories), oral depositions, requests for the production of documents, and more. The time to resolve post-decree motions varies. In specific scenarios, the resolution could be quick. If both parties can agree on a new arrangement, you may not need to go to court for the trial date. Your attorney will let the court know you’ve reached an agreement, and the judge will review that it’s fair and legal before signing off. Other modifications may require more time, such as reconsidering child custody arrangements. If your ex disputes the motion, you must go to trial, present your evidence, and let the court decide. During the hearing, your attorney will submit your evidence, and you will very likely need to testify. Contact Our Post-Decree Modification Attorneys If you are searching for a post-decree motions attorney, contact Gounaris Abboud, LPA. With more than 50 years of collective experience, we provide high-quality, dedicated legal assistance when you need it most. We understand that going back to court after a divorce can be daunting—but you don’t have to face it alone. Our skilled legal team will be there with you every step of the way. Contact our office today at 937-222-1515 to schedule an initial consultation. No matter what type of post-decree motion you need assistance with, Gounaris Abboud, LPA, can help.

Read More