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Dayton Ohio Legal Blog

Steps to take after a car accident

Dayton residents are usually safe and courteous drivers. Unfortunately, accidents still happen, especially these days when cell phones are becoming major distractions. If a person is involved in a motor vehicle accident, there are steps they should be taking following the accident.

After a car accident occurs, there may be serious injuries. The most important thing to do is stay at the scene. If a driver leaves the scene, they could face hit-and-run charges. Next, a victim should check on everyone involved in the crash. If there are injuries, it is important to call for medical help immediately.

Differences between legal separation and divorce

When an Ohio couple makes the decision to no longer stay married, there are a few options they can pursue. Sometimes, a couple will choose to separate, while other times, they may want to legally divorce. There are differences in these legal statuses that a couple should understand.

A divorce is the legal way to end a marriage, while a legal separation is a court order that allows the couple to stay married but live apart. There can be advantages to remaining legally separated. These can include the ability to retain health care benefits, make medical decisions for a spouse, retain property rights if the other spouse dies, and be able to reunite if they are able to work things out. If a couple chooses to legally separate, alimony and child support can be negotiated, child custody and visitation can be arranged, and property division may be addressed as well. During the period when the couple is living separately, property and debt acquired will be handled differently.

What divorce can do

There are many marriages in the Dayton area that are on the rocks. Despite the effort to try and stay together, sometimes divorce is the only option. There are certain things that can happen because of a divorce and these realities should be understood by those who are thinking about a divorce.

Property division is a part of divorce. A couple's property is divided between the two parties in the most economical way possible. Items that are acquired during the marriage are split, while those acquired through an inheritance or before the marriage will stay with the individual who received them. Support obligations are also worked out during a divorce. Whether it be spousal support or child support, they can be complicated arrangements.

What to know about marital separation

Even under the best circumstances, not all Dayton marriages survive. Many couples are thrown into limbo about whether their marriage will end in divorce or not. Many times, couples choose to separate for a certain time to see how their marriage will turn out. But, if a couple is planning on separating for more than a few months, there are certain things they may need to do.

A couple who is considering a separation may want to understand how their marital finances work. Many times, one of the spouses is in charge of the finances, while the other doesn't have any idea what their finances entail. A person should also get a credit card in their own name. A person needs to make sure they have established credit in case their marriage ends in divorce. Additionally, all joint credit cards should be closed to prevent one spouse from putting the other into a devastating situation.

Shared parenting—raising your children after the divorce

If you and your spouse have decided to end your marriage, a major concern will be the raising of your children in a post-divorce world.

In the state of Ohio, the courts prefer to see shared parenting plans in which both parents participate fully in the important responsibility of raising and caring for their children.

Teens facing drunk driving charges can face serious penalties

Everyone knows that many teenagers in the Dayton area do not make the best choices. Teenagers are not fully developed mentally and are still learning right from wrong. Driving after drinking is not a good idea and can cause serious accidents. But, those who are arrested for drunk driving can face serious consequences, including teenage drivers.

Drivers who are under the age of 21 in Ohio face serious consequences if they are arrested for drunk driving. While drivers over the age of 21 face an OVI charge if their blood alcohol levels are over .08, underage drivers face an OVI charge if their BAC levels are .02. This can be the equivalent of just one beer. Teenage drivers who are convicted of drinking and driving can face serious penalties. These include fines, jail time, drug and alcohol treatment, license suspension and the installation of an ignition interlock device. They may also face underage consumption charges.

Distracted drivers a major danger to Ohio motorcyclists

How common are motorcycle accidents in Ohio? Unfortunately for the state’s motorcyclists, the state sees thousands of such crashes each year.

Reportedly, since 2013, Ohio has averaged around 2,800 motorcycle accidents resulting in injuries a year. The injuries coming out of such accidents can be very serious.

What are some possible defenses for driving under the influence?

Dayton residents understand that it is not a good idea to drive after they have been drinking. Drinking and driving can be a very serious matter. But, everyone makes mistakes sometimes and can find themselves facing OVI charges. There are several criminal defense arguments that can be made for the defendant.

No one expects to find themselves facing OVI charges. Ohio prosecutors aggressively prosecute those who are suspected of drunk driving. There are several defenses a person can offer for their drunk driving charge. One is that the officer did not have probable cause to stop them in a traffic stop. This is one of the most common defenses an attorney makes for their client. An attorney can also argue that the field sobriety test was improperly administered. They may also challenge the breathalyzer test that was used and whether the machine was properly calibrated. And they may argue that a person's blood alcohol level was below the legal limit when they were driving but rose after they were arrested because the alcohol wasn't fully absorbed into their system yet.

A conviction for OVI can seriously disrupt your future plans

You probably depend on your car or truck in more ways than one, and cannot imagine life without it. You may drive a commercial vehicle for a living, for example, or you may be a college student or businessperson who commutes daily.

Undoubtedly you have plans for the coming years. However, if you receive a conviction for operating a vehicle under the influence in the state of Ohio, you could be putting your future in jeopardy.

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Altick & Corwin Co., L.P.A.
One South Main Street
Suite 1590
Dayton, OH 45402

Toll Free: 888-542-3148
Phone: 937-608-9460
Fax: 937-223-5100
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