• March 26, 2020
  • OVI

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 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 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 How Can an OVI Defense Lawyer Help You? 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 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. DRIVING UNDER OVI SUSPENSION OHIO FAQ 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 may be able to exclude those statements from being used as evidence. Why Should You Contact an OVI Defense Lawyer? An OVI defense lawyer can give you leverage and help you avoid making mistakes when defending against your driving under OVI suspension charge. The lawyers at Gounaris Abboud, LPA, have more than five decades of combined experience and have achieved dismissals and penalty reductions for many clients. Contact us today at 937-222-1515 to schedule your free consultation.

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  • March 17, 2020
  • OVI

Have you ever had a drink and felt that it affected you more than usual? Many factors impact alcohol tolerance and blood alcohol content, such as weight, metabolism, and food consumed while drinking. Unfortunately, this means that you may drive after drinking without knowing your abilities are impaired. In Ohio, this is known as operating a vehicle under the influence, or OVI. An OVI also can apply to drivers using prescription, over-the-counter, or illegal drugs. An OVI conviction can bring harsh penalties, including time in jail, fines, and a license suspension. Your freedom is on the line, so you need to learn how to get out of an OVI in Ohio. For skilled legal representation, you must contact an experienced OVI defense attorney to assist you with this charge. Call the experienced attorneys at Gounaris Abboud, LPA, for immediate assistance or continue reading for more information on how to beat an OVI charge. Is it Possible to Beat My OVI Charge? Ohio criminal defense attorneys use every legal strategy available to help you get your OVI charge dismissed. Whether you can achieve a dismissal of your charge depends on the specifics of your case. Call a skilled criminal defense attorney for advice on possible legal defenses to your OVI charge. HOW TO GET OUT OF AN OVI IN OHIO FAQ How to Beat an OVI Charge A criminal defense attorney will discuss the specifics of your case with you and advise you on your best legal defense. Here are some legal defenses that may apply to your case. HOW TO GET OUT OF AN OVI IN OHIO FAQ Illegal Search or Seizure If the officer had no reason to pull you over or search your car, this could be a Fourth Amendment violation. The Fourth Amendment to the US Constitution protects you from unreasonable searches and seizures. If your attorney can prove that you were illegally stopped, the court may exclude all evidence the police obtained from your traffic stop. HOW TO GET OUT OF AN OVI IN OHIO FAQ Illegal Questioning If the officer inappropriately questioned you, your answers to the officer’s questions may be excluded. You have a Fifth Amendment right against self-incrimination and a Sixth Amendment right to an attorney. If you are taken into custody, these rights are supposed to be read to you in a Miranda warning, informing you of your right to remain silent and right to an attorney. If the officer neglected to recite a Miranda warning before questioning you, the court might be forced to exclude your statements. HOW TO GET OUT OF AN OVI IN OHIO FAQ Inaccurate Field Sobriety Test Results Law enforcement officers will conduct roadside field sobriety tests (FST’s) where your alertness, dexterity and responsiveness will be tested.  These results will be used against you in court to try to prove your level of impairment has been impacted. The tests are subjective and must be reviewed by a skilled criminal defense attorney in order to protect your rights.  The law firm of Gounaris Abboud will request the court issue an order preserving all video evidence in order to help you defeat an OVI charge. HOW TO GET OUT OF AN OVI IN OHIO FAQ Inaccurate Test Results The breathalyzer test and blood alcohol tests that police administer may be inaccurate. If breathalyzer equipment is not properly calibrated or administered, it may not provide valid results. Blood tests also must be conducted appropriately to provide admissible evidence. HOW TO GET OUT OF AN OVI IN OHIO FAQ Plea Bargain an OVI Charge If none of these defenses provide a way to get your charge dismissed, you can attempt to plea bargain. A plea bargain can reduce your charge or reduce your penalties. Your criminal defense attorney can negotiate with prosecutors to request a plea bargain. Your attorney will attempt to reduce your penalties as much as possible under the law. To achieve a plea bargain, you may need to plead guilty to a traffic offense like reckless operation, which is a lesser charge than an OVI. HOW TO GET OUT OF AN OVI IN OHIO FAQ How an OVI Attorney Can Help When you face an OVI, you may not know what to do. You must seek legal advice because an OVI conviction has consequences. Not only does it carry potential jail time and fines, but the charge goes on your criminal record. This charge can impact your housing and employment opportunities, and an OVI cannot be expunged from your record. A skilled criminal defense attorney can evaluate your case and strive to prepare your best legal defense. Your attorney will attempt to get your charges dismissed. If that is not possible, your attorney will negotiate with the prosecution in an attempt to get your charges reduced. An OVI charge is not something you want to handle on your own. Your freedom and future are on the line, so you need an experienced OVI defense attorney. Call the knowledgeable attorneys at Gounaris Abboud, LPA, at 937-222-1515, or contact us online. We have helped hundreds of clients get their OVI charges reduced or dismissed. When we meet for a free consultation, we can advise you of your best legal strategy. Give us a call today to start your OVI defense.

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If you’ve experienced the death of someone you love due to another person’s intentional actions or negligence, you may feel emotions of grief, anxiety, and anger.  Taking legal action can’t replace your loved one, and it can’t ease your loss. However, seeking justice for a wrongful death in Ohio can make the person responsible for this tragedy pay. A wrongful death lawsuit can provide for you and your family while preventing the same tragic action from impacting anyone else. If you’re considering a wrongful death lawsuit, you need to understand Ohio law. To learn more about the Ohio wrongful death statute, keep reading. Who Can File a Wrongful Death Lawsuit in Ohio? The Ohio wrongful death statute defines a wrongful death as one that is caused by a “wrongful act, neglect, or default” that would have been eligible for a personal injury lawsuit had the person not died. In other words, if you can sue for a personal injury caused by an action, your representatives can sue for a death caused by the same action. The personal representative (executor of the estate) of the decedent (person who died) can bring a wrongful death lawsuit in Ohio. The personal representative brings the wrongful death action on behalf of these people: The surviving spouse,  The decedent’s children,  The parents of the decedent, and Other next of kin. The family members of the decedent must have suffered harm from the wrongful death to recover compensation.  OHIO WRONGFUL DEATH STATUTE FAQ What Are Time Limits on a Wrongful Death Lawsuit? The wrongful death statute of limitations in Ohio limits the time you have to file a wrongful death lawsuit. The personal representative has two years from the date of the wrongful death to file a lawsuit. If you file a wrongful death lawsuit after the Ohio wrongful death statute of limitations runs out, the court will likely dismiss your case.  OHIO WRONGFUL DEATH STATUTE FAQ What Are Damages in a Wrongful Death Case? Wrongful death damages are the compensation available to survivors for the loss of their loved one. These damages reflect the harm that family members have suffered as a result of the wrongful death. Different types of damages may be compensated, including: Loss of support, meaning the loss of financial income the decedent would have provided; Loss of services, such as childcare, housework, or car repairs provided by the decedent; Loss of companionship, care, and affection of the decedent; Loss of inheritance the family members might have received were it not for the decedent’s untimely death; and Mental anguish suffered by family members. The surviving spouse, children, and parents are rebuttably presumed to have suffered damages from the wrongful death. The rebuttable caveat means that these family members will be entitled to damages unless a defendant can prove the wrongful death did not impact family members. Next of kin, other than a surviving spouse, parents, and children, must prove the damages they suffered from the wrongful death. OHIO WRONGFUL DEATH STATUTE FAQ Is Compensation Possible in a Wrongful Death Case? Compensation is possible if someone’s death was caused by another person’s negligence or intentional act. Examples of actions causing a wrongful death might include: Shooting someone, Stabbing someone, Driving drunk, Leaving the scene of an accident without calling for help, Failing to keep manufacturing machinery maintained, and Knowingly exposing a worker to asbestos. Intentionally causing someone’s death may seem rather obvious, but negligence can be more difficult to understand. To determine if a person’s negligence caused a death, you must prove three elements: The person had a duty of care, such as a duty to properly maintain equipment; The person breached that duty, such as by not maintaining the equipment; and The person’s breach of duty caused the wrongful death, such as faulty equipment fatally injuring the decedent. Even if the person responsible faces criminal homicide charges, you can still bring a civil wrongful death claim. In fact, it is often easier to prevail on a wrongful death claim because civil proceedings require a lower burden of proof. Criminal charges require proof beyond a reasonable doubt, while civil cases require a “preponderance of the evidence” (more likely than not) standard. OHIO WRONGFUL DEATH STATUTE FAQ How Can a Wrongful Death Attorney Help? A wrongful death attorney will listen to your case, explain the law to you, and advise you of your best legal options. Then the attorney will investigate to find more evidence, interview witnesses, and pursue a wrongful death claim. Your attorney may be able to negotiate a settlement so that you do not have to endure an emotionally challenging trial. However, if your attorney thinks a jury would return a higher award, you may choose to proceed to trial. If you think you may have a wrongful death case, call the experienced attorneys at Gounaris Abboud, LPA, at 937-222-1515, or contact us online for a free consultation. With nearly five decades of collective experience, our attorneys have the legal skill and compassion to help you in this difficult time. 

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When you experience an auto accident, it brings your routine to a halt. Instead of making your way to work or school, you may need to seek medical attention and figure out alternative transportation. Then come the bills. Hospital costs and auto repairs add up to alarming dollar amounts. When the bills start piling up, you may decide to take a serious look at your auto insurance. What will it pay? What should it pay? One question you may ask when trying to evaluate your auto insurance involves a concept known as fault. Is Ohio a no-fault state for auto insurance? If so, how does this affect your claim? Keep reading for more information on Ohio auto insurance laws. IS OHIO A NO FAULT STATE FAQ What Does No-Fault Mean? A no-fault state requires your auto insurance to pay your medical expenses from an accident, even if the accident was not your fault. No-fault auto insurance usually pays medical bills up to a certain policy limit. If medical expenses exceed that limit, the policyholder may sue the driver who caused the accident.  So is Ohio a no-fault state for auto insurance? No, Ohio rejects this standard of compensation. So if you live in Ohio, no-fault state auto insurance rules do not apply. Ohio requires fault-based auto insurance claims. This means that you recover medical expenses and car repairs from the person who caused the accident.  IS OHIO A NO FAULT STATE FAQ How Does This Rule Affect Me?  Instead of filing a claim with your auto insurance, you file a claim with the at-fault party’s auto insurance. If the person who caused the accident is uninsured, then it’s up to you to pay your own accident expenses. Some drivers purchase an additional policy to cover accidents caused by an uninsured or underinsured driver.  The at-fault party’s insurance company may try to avoid paying for all your expenses from the accident. After all, the insurance company is trying to maximize its profits, and it doesn’t help them to pay large claims. If you feel intimidated trying to negotiate with the at-fault driver’s insurance company, an experienced car accident attorney can help. Insurance companies can intimidate injured claimants, but an experienced car accident attorney knows how to negotiate with an insurance company for a maximum settlement.  IS OHIO A NO FAULT STATE FAQ What Is Comparative Negligence?  When more than one person is at fault for an accident, each individual’s responsibility to pay is based on the principle of comparative negligence. Comparative negligence allows you to recover damages from another driver based on their percentage of fault. For instance, imagine that you sustained $100,000 worth of damages (such as medical bills and auto repairs) in an accident. If the other driver was 60% responsible for the accident and you were 40% responsible, you would be able to recover $60,000 from that driver.  In Ohio, you cannot recover anything from the other driver if you are more than 50% responsible for the accident.  IS OHIO A NO FAULT STATE FAQ How Can an Accident Attorney Help?  If you’ve experienced an accident due to someone else’s negligence, you need skilled legal representation to get the money you’re owed. An experienced car accident attorney can evaluate your case and advise you of your best legal options. The attorney will also investigate the details of the car accident, interview witnesses, and request compensation from the at-fault party’s insurance.  Most insurance companies want to settle, so a car accident attorney will press for the maximum settlement amount. However, if an insurance company refuses to cooperate with settlement negotiations, your attorney should be prepared to proceed to a jury trial. If you have been injured in an Ohio car accident, call the experienced attorneys at Gounaris Abboud, LPA, at 937-222-1515, or contact us online for a free consultation. We have nearly five decades of combined legal experience, and we know how to negotiate with insurance companies to get the full settlement you deserve.

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In Ohio, felony sentencing terms vary significantly based on the nature and severity of the crime. Your past criminal history also influences the penalties you face, along with any aggravating factors associated with the alleged crime. This Ohio felony sentencing guideline provides insight into the range of penalties you might face upon conviction. However, because these are basic penalties that you could face, you can’t use this information to accurately determine what your sentence might be. The best way to determine how the Ohio sentencing guidelines could affect your future is to discuss your case in detail with an experienced criminal defense attorney. Overview of Ohio Criminal Felony Classifications Ohio classifies felonies as follows, from least to most severe. Fifth-Degree Felony Examples of crimes that typically fall into this category include: Credit card and check fraud, Breaking and entering, Theft over $1,000, License plate theft, Motor vehicle title fraud, and High-level drug crimes. Fourth-Degree Felony Crimes that may fall into this category include: Elder abuse or neglect, Motor vehicle theft, Felony DUI/OVI, and Aggravated assault. Third-Degree Felony Crimes that fall into the third-degree felony category include: Firearm theft, Perjury, Robbery, Bribery, Involuntary manslaughter, and Reckless manslaughter. Second-Degree Felony Some of the most common offenses categorized as second-degree felonies include: Aggravated arson, Felony assault, and Abduction. First-Degree Felony In Ohio, you will face first-degree felony charges for crimes that include: Aggravated robbery, Kidnapping, Sexual conduct through force (rape), Voluntary manslaughter, and Murder. Unclassified Felony This category is relatively new and the sentencing guidelines can be confusing. Offenses that may fall under this classification include multiple murders and aggravated murder. However, the court can impose this charge for other offenses when aggravating circumstances are involved that make an offense particularly heinous. OHIO FELONY SENTENCING FAQ Ohio Sentencing Chart for Felony Convictions At the time of felony sentencing, Ohio courts allow the jury to make sentencing recommendations in some cases. Ultimately, however, the judge has the final decision about sentencing. These are the sentencing guideline ranges for each type of Ohio felony charge: Fifth-Degree Felony Six to 12 months in prison Up to $2,500 monetary fine Up to five years community control (probation) Fourth-Degree Felony Six to 18 months in prison (6 mos. minimum) Up to $5,000 monetary fine Up to five years community control (probation) Third-Degree Felony Nine months to 3 years in prison* Up to $10,000 monetary fine Up to 3 years post-release control (PRC, i.e., parole) *Some F-3 offenses qualify for 1-5 years in prison Second-Degree Felony Two to 8 years in prison* Up to $15,000 monetary fine Up to 5 years post-release control (PRC, i.e., parole) *Some F-2 offenders face 10 additional years in prison First-Degree Felony Three to 11 years in prison* Up to $20,000 monetary fine Up to five years post-release control (PRC, i.e., parole) *Some F-1 offenders face 10 additional years in prison In addition to the guidelines listed here, you could face a variety of other penalties based on the nature and circumstances of your charges. A felony conviction can cost you your right to vote and your right to own or carry a firearm. You will be left with a permanent criminal record as well, preventing you from getting a good job, renting an apartment, or holding a professional license. OHIO FELONY SENTENCING FAQ Potential Ohio Criminal Defense Strategies Experienced attorneys have many potential defense strategies available for use. The appropriate legal defense in your case will depend on your specific circumstances and your criminal history. Before you agree to accept a plea bargain or provide a statement to police or prosecutors, talk to a lawyer to explore your options. This allows you to make an informed decision about your future. OHIO FELONY SENTENCING FAQ How a Criminal Defense Attorney Can Help You A criminal defense lawyer will help protect your legal rights and fight for your future and your freedom. Your lawyer will evaluate your case, ensure you understand what you’re up against, and help you explore your options. Don’t risk your future by trying to fight this battle on your own. With more than a half-century of combined experience, the attorneys of Gounaris Abboud, LPA, understand the importance of fighting for your future. If you face felony charges, contact us today. We are one of the only Ohio criminal defense law firms to offer a free consultation for anyone facing felony charges. If you have questions about this Ohio felony sentencing chart, or if you would like to discuss your case with one of our Ohio criminal defense attorneys, you can reach us by phone at 937-222-1515 or use our convenient and secure web form to contact us at any time.

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  • February 24, 2020
  • OVI

The penalties for OVI (operating a vehicle under the influence), as defined in the Ohio Revised Code, are a common source of confusion.  An Ohio OVI penalties chart (like the one below) makes it easier to determine what you may face upon conviction for OVI. Ohio takes drinking and driving very seriously, as reflected in the harsh penalties that accompany OVI charges. To further complicate this issue, you face both criminal charges and driver license suspension. The best way to understand what the different OVI penalties are and how they could affect you is to talk to a knowledgeable Ohio OVI/DUI defense lawyer. Understanding the Basis of the Ohio OVI Penalties Chart The state sentencing guidelines base the severity of OVI penalties on your OVI-related criminal history. Potential criminal penalties also increase if: You refused a blood alcohol concentration (BAC) test, or Your BAC level tested at 0.17 or above (known as a high-tier offense). Other factors can affect the severity of your penalties, and in many cases, the court has discretion as to how to impose penalties on a case-by-case basis. OHIO OVI PENALTIES CHART FAQ What Are the Specific Penalties for Each OVI Offense? When the police charge you with OVI, you will face charges that range from a Class 4 misdemeanor to a 3rd degree felony, depending on the circumstances of your arrest and your prior criminal history. Upon conviction of a criminal OVI charge, you face potential penalties that include: Jail or prison time, Substantial fines, Driver license suspension, Probation, Ignition interlock device installation, Red/yellow DUI “Party Plates,” Use of an alcohol monitoring device, and Alcohol assessment and treatment. In the following Ohio OVI chart, DIP refers to the Certified 72-Hour Driver’s Intervention Program. DIP is a three-day onsite (stay-over) educational program designed as a potential alternative to mandatory jail sentences. For some offenders, judges have the option of allowing them to attend a DIP program. However, attendance must be paid by the defendant out-of-pocket (upwards of $500 or more, if they don’t prefer to share a room with another attendee). Finally, the court may have the option to impose house arrest for a portion of any Ohio OVI penalties involving jail or prison time. OHIO OVI PENALTIES CHART FAQ Arrest with No BAC Testing First Offense: 3 to 180 days in jail (DIP at judge’s discretion) Monetary fine of $375 to $1,075 License suspension of 1 to 3 years (15-day minimum) DUI “Party Plates” (court’s discretion) Ignition interlock (court’s discretion) Alcohol assessment (court’s discretion) Second Offense: 10 to 180 days in jail  Monetary fine of $525 to $1,625   License suspension of 1 to 7 years (45-day minimum)   Ignition interlock (mandatory)   Alcohol assessment (mandatory)   Vehicle immobilization 90 days   DUI “Party Plates” (court’s discretion) Third Offense: 30 days to one year in jail Monetary fine of $850 to $2,750 License suspension of 2 to 12 years (6-month minimum) Ignition interlock (mandatory) Alcohol assessment (mandatory) Vehicle immobilization 90 days Vehicle subject to forfeiture DUI “Party Plates” (mandatory) Alcohol monitoring (mandatory with driving privileges) Fourth Offense: 60 days to 30 months in jail or prison Monetary fine of $1,350 to $10,500 License suspension of 3 years to lifetime (3-year minimum) Ignition interlock (mandatory) Alcohol assessment (mandatory) Vehicle immobilization 90 days Vehicle subject to forfeiture DUI “Party Plates” (mandatory) Alcohol monitoring (mandatory with driving privileges) Prior Felony: 60 days to 36 months in jail or prison Monetary fine of $1,350 to $10,500 License suspension of 3 years to lifetime (3-year minimum) Ignition interlock (mandatory) Alcohol assessment (mandatory) Vehicle immobilization 90 days Vehicle subject to forfeiture DUI “Party Plates” (mandatory) Alcohol monitoring (mandatory with driving privileges) OHIO OVI PENALTIES CHART FAQ Failed BAC Testing 0.08 to 0.169 First Offense: 3 to 180 days in jail (DIP at judge’s discretion) Monetary fine of $375 to $1,075  License suspension of 1 to 3 years (15-day minimum)  DUI “Party Plates” (court’s discretion)  Ignition interlock (court’s discretion)  Alcohol assessment (court’s discretion) Second Offense: 10 to 180 days in jail Monetary fine of $525 to $1,625  License suspension of 1 to 7 years (45-day minimum)  Ignition interlock (mandatory)  Alcohol assessment (mandatory)  Vehicle mobilization 90 days  DUI “Party Plates” (court’s discretion) Third Offense: 30 days to one year in jail Monetary fine of $850 to $2,750 License suspension of 2 to 12 years (6-month minimum) Ignition interlock (mandatory) Alcohol assessment (mandatory) Vehicle immobilization 90 days Vehicle subject to forfeiture DUI “Party Plates” (mandatory) Alcohol monitoring (mandatory with driving privileges) Fourth Offense: 60 days to 30 months in jail or prison Monetary fine of $1,350 to $10,500 License suspension of 3 years to lifetime (3-year minimum) Ignition interlock (mandatory) Alcohol assessment (mandatory) Vehicle immobilization 90 days Vehicle subject to forfeiture DUI “Party Plates” (mandatory) Alcohol monitoring (mandatory with driving privileges) Prior Felony: 60 days to 36 months in jail or prison Monetary fine of $1,350 to $10,500 License suspension of 3 years to lifetime (3-year minimum) Ignition interlock (mandatory) Alcohol assessment (mandatory) Vehicle immobilization 90 days Vehicle subject to forfeiture DUI “Party Plates” (mandatory) Alcohol monitoring (mandatory with driving privileges) OHIO OVI PENALTIES CHART FAQ Failed BAC Testing 0.17 or Above First Offense: 6 to 180 days in jail (DIP at judge’s discretion) Monetary fine of $375 to $1,075 License suspension of 1 to 3 years (15-day minimum) DUI “Party Plates” (mandatory) Ignition interlock (court’s discretion) Alcohol assessment (court’s discretion) Second Offense: 20 to 180 days in jail Monetary fine of $525 to $1,625 License suspension of 1 to 7 years (45-day minimum) Ignition interlock (mandatory) Alcohol assessment (mandatory) DUI “Party Plates” (mandatory) Vehicle immobilization 90 days Third Offense: 60 days to one year in jail  Monetary fine of $850 to $2,750  License suspension of 2 to 12 years (6-month minimum)  Ignition interlock (mandatory)  Alcohol assessment (mandatory)  Vehicle immobilization 90 days  Vehicle subject to forfeiture  DUI “Party Plates” (mandatory)  Alcohol monitoring (mandatory with driving privileges) Fourth Offense: 120 days to 30 months in jail or prison  Monetary fine of $1,350 to $10,500  License suspension of 2 years to...

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Under the statute of limitations for Ohio personal injury claims, you have a limited time to file a lawsuit in civil court. If you miss the statutory deadline, you could lose your legal right to recover compensation for your injuries and other damages. Ohio Revised Code Section 2305.10 states that all lawsuits based on bodily injury, product liability, or damaged personal property must be brought within two years from the date the cause of action accrues. Ohio’s laws impose slightly different time constraints for certain types of personal injury claims. Talking to an Ohio personal injury lawyer is the best way to ensure you don’t miss out on any critical deadlines. An attorney can protect your legal rights and help you achieve the best possible outcome in your case. OHIO PERSONAL INJURY STATUTE OF LIMITATIONS FAQ What Is the Ohio Personal Injury Statute of Limitations? The Ohio statute of limitations for personal injury claims is two years in most cases. This time period applies to cases such as: Car accidents, Slip & fall accidents, Motorcycle accidents, Bicycle accidents, Drunk driving accidents, Trucking accidents, and Dog bites. The two-year time constriction also applies to wrongful death claims in most cases. The statute starts running from the day the at-fault party’s negligence caused your injuries. However, Ohio law does recognize some exceptions to this deadline. OHIO PERSONAL INJURY STATUTE OF LIMITATIONS FAQ Exceptions to the Ohio Negligence Statute of Limitations Under the statute of limitations, Ohio personal injury victims may have a longer period to take legal action under certain circumstances. Premises Liability If you sustained injuries due to a design or construction defect at someone’s home or business, you must file your claim within two years of your injury. However, an Ohio statute of repose precludes people from bringing these claims more than ten years after the construction was completed. For example, if you suffer injury because of a latent (hidden) construction defect in your home, you can file a lawsuit up to ten years after the home was built, as long as you file within two years of sustaining an injury. But if your injury occurs more than ten years after construction was completed, you cannot pursue a claim no matter how quickly you file a lawsuit. Talk to an Ohio Personal Injury Lawyer to Protect Your Rights To ensure you comply with the Ohio statute of limitations, personal injury lawyers advise accident victims to schedule a consultation as soon as possible. Assisting clients in Dayton and throughout Ohio, Gounaris Abboud, LPA, provides exceptional service. With more than 50 years of collective experience, we are dedicated to helping you recover the compensation you deserve for your injuries. For a free consultation and case analysis, call us now at 937-222-1515. Or to learn more about the Ohio statute of limitations for personal injury cases, contact us today.

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In Ohio, expungement is the term for clearing your criminal record and having the court’s records sealed from public view. If you have a criminal record, you might be curious about what crimes cannot be expunged in Ohio. A criminal record can interfere with your ability to get a job, rent a house, or obtain professional licensing. However, having crimes expunged from your record requires undertaking a complex legal process. Upon approval of your motion for expungement, the court issues an order for clearing and sealing the records. Unfortunately, not all crimes are eligible for expungement. To explore having a prior offense removed from your record, talk to an Ohio criminal defense lawyer for help. WHAT CRIMES CANNOT BE EXPUNGED IN OHIO FAQ Which Criminal Records Cannot Be Expunged and Sealed in Ohio? Per the Ohio Revised Code, some types of criminal convictions cannot be expunged. Following is a partial list of records that cannot be expunged and sealed in Ohio: Any first- or second-degree felony, Any violent crime, DUI/OVI, Sexual battery, Rape, Sexual imposition, Gross sexual imposition, Domestic Violence Pornography involving a minor, Obscenity involving a minor, Use of a minor in pornography, Voyeurism, Corruption of a minor, Felonious sexual penetration, and Traffic offense involving bail forfeiture. Other offenses that cannot be expunged if the victim was under the age of 18 include: Promoting prostitution, Compelling prostitution, Public indecency, and Pandering obscenity. Even if your crime is eligible for expungement, you must meet the qualifications as an eligible offender before the court will consider your motion. Those qualifications include: You were not subject to mandatory jail time; You were not convicted of a violent crime with a victim younger than 18; and You were not convicted of a first- or second-degree felony. Finally, to qualify to have your record expunged, you cannot currently face any pending criminal charges. WHAT CRIMES CANNOT BE EXPUNGED IN OHIO FAQ What If My Record Is Not Eligible for Expungement? Recent changes to the Ohio Revised Code have relaxed some of the restrictions for having a criminal record expunged. For example, you can now have one felony and one (separate) misdemeanor or two qualifying misdemeanor convictions expunged from your record. Previously, you could not qualify for expungement if you had an OVI conviction on your record. However, recent updates to the code removed that restriction. Like many areas of the law, however, the codes governing expungement remain open to interpretation. Moreover, our state laws undergo regular revisions and updates. These factors provide Ohio expungement lawyers with many potential opportunities to assist you in getting your record expunged. WHAT CRIMES CANNOT BE EXPUNGED IN OHIO FAQ How Can an Ohio Criminal Defense Lawyer Help? A criminal defense attorney can review the facts of your case as well as your overall criminal history. Based on what your attorney discovers, he or she can recommend strategies to help you achieve your goals. For example, you might become eligible for expungement of a particular offense once the statutory waiting period expires. An experienced attorney may successfully eliminate the mandatory jail time exclusion in your case. Another example of how a lawyer can help you is by fighting to have any pending charges you face dropped. The process for preparing and filing a motion for expungement presents a variety of complex challenges. An experienced attorney understands how the process works and how to help you fight to achieve your goals of a clean record. Talk to an Attorney Today About Getting Your Ohio Criminal Record Expunged Gounaris Abboud, LPA, assists clients in Dayton and throughout Ohio. We handle all types of criminal defense cases including OVI and DUI defense. Even if you believe you cannot have your record expunged, contact us to review your case with an experienced Ohio expungement attorney. Call us now at 937-222-1515 to learn more.

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Dissolution of Marriage in Ohio

In Ohio, the dissolution of marriage is a quick and efficient way to end a marriage. For many couples, dissolution is a desirable alternative to a contentious divorce proceeding. Like a divorce, dissolution terminates the legal contract of marriage. However, if the parties can agree on all terms of their separation, they can avoid going to court. Instead, by filing jointly for dissolution, a couple can avoid much of the time, hassle, and expense of the traditional divorce process. If you think that dissolution is a possible solution for your divorce, contact our divorce lawyers in Dayton, Ohio today. We will discuss the specifics of your situation and advise you on the most advantageous legal move. OHIO DISSOLUTION OF MARRIAGE FAQ What Does It Mean to Get a Dissolution of Marriage in Ohio? The result of an Ohio dissolution is the termination of the legal status of wedlock. Getting a divorce leads to the same outcome, but the path is not nearly as smooth. In both divorce and dissolution, the law recognizes that a marriage once existed but no longer does. In contrast, an annulment declares that a marriage was invalid and, as a result, the marriage never existed. The primary difference between divorce and dissolution is a fault. Dissolution is a no-fault solution in that the parties are not required to cite grounds for the separation. In a divorce proceeding, one party cites grounds against the other as the reason for their breakup. OHIO DISSOLUTION OF MARRIAGE FAQ Who Should Seek an Ohio Dissolution? A dissolution is an option only for those couples who can successfully negotiate the terms of their separation in advance. They must also file their petition for dissolution jointly. If the parties cannot meet these objectives, their only alternative is to file for divorce. OHIO DISSOLUTION OF MARRIAGE FAQ How Do You Get a Dissolution of Marriage? Before filing for dissolution, the parties must voluntarily negotiate and enter into a written separation agreement. The separation agreement typically addresses: How financial assets and personal property will be divided; The amount and duration of any spousal support; Allocation of parental rights; Child custody arrangements; The amount and duration of any child support; and The disposition of any joint debts. The separation agreement may also address any other outstanding or material issues of the marriage. Once the parties execute the separation agreement, they must file it with their county’s domestic relations court. At the same time, they must file a petition of dissolution along with full financial disclosure. The court will schedule a hearing at which both parties will testify to their agreement with the dissolution filing. To get a dissolution in Ohio, you must have been a state resident for at least six months. You must also have been a county resident for 90 days before you file. Finally, you must have been separated from your spouse for 30 days prior to filing your petition for dissolution. OHIO DISSOLUTION OF MARRIAGE FAQ How Long Does It Take for Dissolution in Ohio? Once you file your separation agreement and petition for dissolution, the county must schedule your hearing for at least 30 days but not more than 90 days from the filing date. If the hearing judge agrees with the terms of your filing, the court will enter a judgment for dissolution immediately. Should You Talk to an Ohio Dissolution Attorney? Ohio does not require you to be represented by an attorney to file for dissolution. However, consulting with an attorney helps ensure that your interests are protected. Gounaris Abboud, LPA provides compassionate representation for all Ohio family law matters, including divorce and marriage dissolution. To learn more, or to schedule a consultation, contact us online today, or by calling 937-222-1515.

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  • January 18, 2020
  • OVI
OVI Expungement in Ohio

In Ohio, OVI expungement refers to having a drunk driving conviction removed from your record. Unfortunately, our state laws do not allow you to have a DUI or OVI expunged or sealed. In fact, your conviction will remain a matter of public record permanently. An Ohio criminal defense lawyer can assist you in getting other misdemeanor or felony offenses expunged. However, once you are convicted of operating a vehicle under the influence of drugs or alcohol, you must live with the consequences. That being said, a DUI defense lawyer can perhaps lower or eliminate a DUI charge. Contact one of our attorneys today for a free legal consultation. Is It Possible to Get an OVI Expunged? Ohio law specifically prohibits the expungement of a DUI or OVI. The law also prohibits you from having any type of traffic offense expunged. The only way you can clear these matters from your criminal record is to have them overturned in court. Otherwise, you will battle the stigma and economic hardship of an OVI indefinitely. If you get arrested and go to trial for DUI, this also becomes a matter of public record. However, if the court dismisses your case or if you win at trial, you can have this information sealed quickly and affordably. What Is the Ohio OVI Expungement Process? Because you cannot get an OVI expunged in Ohio, there is no process per se. In other words, the only real way to keep an OVI off your record is to fight the charges. Having an experienced Ohio OVI defense attorney to assist you provides several key advantages. If you are convicted of DUI, however, you remain eligible to have other criminal convictions expunged, thanks to a recent change in Ohio law. Previously, Ohio law precluded those convicted of OVI from having any criminal convictions expunged – even those unrelated to the OVI charge. But under the new law, as long as you have only one OVI conviction on your record, you can apply to the court for the expungement of one eligible felony or misdemeanor offense. How Can a DUI Expungement Lawyer Help? The key to avoiding a DUI or OVI offense on your record is to avoid conviction. If you are arrested and charged with drunk or impaired driving, contact an attorney immediately. An experienced criminal defense attorney has multiple options for defending you against DUI charges. Your lawyer will also schedule your Ohio Bureau of Motor Vehicle hearing to appeal the suspension of your driver’s license. Your legal team will handle every aspect of your case and fight for your future. Even if you believe the prosecutor has a strong case, an experienced attorney understands how to build a persuasive defense on your behalf. Fighting these charges may give you the best chance of keeping your record clean. Talk to an Ohio DUI Lawyer Today Do not put your future at risk by accepting a plea offer or providing a statement to the police or prosecutor. Take advantage of the complimentary consultation offered by Gounaris Abboud, LPA. Over the years, we have helped hundreds of clients avoid DUI convictions by getting their charges reduced or dismissed. With more than 50 years of combined experience, we understand the importance of building a strong case. We help you explore your options and, together, craft a compelling strategy for your case. To schedule your no-cost, no-obligation consultation and case review, contact us today, or call us at 937-222-1515.

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