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Dayton Ohio Legal Blog

OVI basics in Ohio

Dayton residents understand that drunk driving can be dangerous and is against the law. But, sometimes it can be hard to judge how much alcohol is too much, or maybe a person inadvertently mixes alcohol with prescription medication that affects their level of intoxication. Whatever the reason, when a person is pulled over for an OVI it can be a traumatic experience.

In Ohio, there are two different types of alcohol offenses. The first is an OVI which is operating a vehicle while under the influence of drugs or alcohol. The second is having physical control over a vehicle. This is when a driver is in the driver's seat while in possession of the keys even if the car is not moving. So, sleeping off the alcohol or drugs is illegal if a person has the car keys and is in the driver's seat. First time physical control or OVI crimes are misdemeanors. An OVI offense requires the defendant to serve three days in jail and there is no minimum sentence for physical control.

It is time to think about your company’s new H-1B filings

If your organization is like many in the Dayton area, you need to recruit top talent to meet customer demands. Hiring foreign workers is often an effective way to take your company to the next level. If you can find a student in the United States on an F-1 visa, you may be able to encourage him or her to come work for you. 

Foreign students often obtain F-1 visas to complete undergraduate and graduate programs in the United States. As you may know, though, these individuals often have considerable limitations on their eligibility to work. In fact, most may only work for a short time after graduation. If you want them to work longer, you probably need to file an H-1B petition

Speeding is a major problem on Ohio roads

Drivers in the Dayton area may be annoyed when they see police officers on the side of the road pulling over speeders, but they should know how dangerous speeding is. No one expects they will be in a car accident while they're driving on Ohio roads, but thousands of families are affected by a motor vehicle accident each year.

Speeding is one of the major causes of car accidents in Ohio and across the United States. According to the National Highway Traffic Safety Administration, speeding killed more than 9,700 people in 2017 and was the cause of 26 percent of traffic fatalities that year. Speeding endangers the life of the person who is driving too fast along with everyone they meet on the road. At any time, a speeding driver could lose control and cause a major crash. Many times, accidents that involved speeding are much more severe with serious injuries as well.

What can a nonmarital cohabitation agreement include in Ohio?

There are many couples in the Dayton area who do not have a traditional marital relationship. Some couples are no longer together but have children together, or there are couples who are living together but not married, plus many other situations. For many of these couples, a cohabitation agreement makes sense.

A nonmarital cohabitation agreement is a legal contract between two unmarried people. It can include important items including what to do with property that is acquired during the marriage. The agreement should list who owns the property if one person buys it. Do both parties own it if one person buys it or does it belong to whoever bought it? Also, a cohabitation agreement can include whether property received from an inheritance is to be the property of the person that received it and thus is separate property. Property that was acquired before the relationship began is usually considered separate property, but a person may want to have that written down as well.

Ohio License Reinstatement Amnesty Program

As of January 31, 2019 Ohio will start a 6 month (ending July 31, 2019) amnesty program for many Ohioans whose licenses are under suspension. It does not cover all license suspensions but it will affect many of them. There are 25 specific suspension listed in the program. The most common ones are;

  • Operating without proof of insurance
  • Nonpayment of a judgment
  • Repeat traffic offender (12 point suspensions)
  • Failure to appear
  • Failure to stop after an accident
  • Reckless operation

Property division in an Ohio divorce

When an Ohio couple gets married, they believe their marriage will last forever. Although many marriages last decades, a large percentage end in divorce. Couples who are going through a divorce know how emotional a situation a divorce can be. One of the main points of contention in a divorce is property division.

Ohio is an equitable distribution of property state. This means that all property acquired during a marriage belongs to both partners. During divorce proceedings, the court will determine which property is owned by one spouse or the other and which is jointly owned. Once this property is classified, the court will equitably distribute the marital property between the two spouses.

Winning a lottery and claiming it anonymously

I have again had the pleasure of claiming substantial lottery winnings for a client on an anonymous basis. I have written about the procedure for doing this before. It involves a series of "blind" trusts and several new tax ID numbers. Not all states allow this procedure but Ohio does. I am not sure why anyone winning a substantial amount wants to claim it publicly. Sure it is fun to make the announcement but everything that comes after the announcement is nothing but trouble. Winners are bombarded with telephone, US postal mail, email, Facebook, Twitter, and every other possible form of solicitation. They even have people literally knocking at their front doors begging for money. Although there are some legitimate requests there are also a large number of scams. I have even heard of people call to threaten suicide if the winner does not give them money. I can't help but believe the winners regretted making their winnings public. They ultimately change their phone numbers, emails, social media accounts, and generally need to hide from the public. Even consider another thought, if anyone asked you how much money you had in the bank would you tell them? Probably not, but by making your winnings public that is what happens.

Why you should see a doctor even if the car crash was minor

Say that another driver strikes your car at low speed as you are stopped at a traffic light. The rear-end collision is jarring, but you do not think you have an injury outside of a sore neck.

You take the proper steps in calling the police to report the accident and exchanging insurance information with the other driver. Now you can drive on home, but what about seeing a doctor first?

Creating a parenting plan for divorced military members

There are many military members living in the Dayton area. With the proximity of the Wright-Patterson Air Force Base, many have connections to the military. As is the case with civilian marriages, not all military marriages last forever. When a military couple is going through the military divorce process, child custody, visitation and child support often come up.

Military members going through a divorce often have unique needs, especially with parenting arrangements. When one or even both parents are deployed for months at a time, a parenting agreement can be tricky. A military parenting plan reflects the unique situations that military parents face. Military parenting plans are like a typical parenting plan with a judge looking to make sure the children are being cared for in their best interest. But, the plan also includes any topics related to military service, such as creating a temporary parenting plan when one parent is deployed, visitation planned around military leaves, details on using military travel, and restoring custody rights when a parent returns from deployment.

What did Prince and Aretha Franklin have in common?

Well, they were certainly both mega-stars and monster musical legends. But there is more. They were both mega millionaires but neither one of them did any estate planning, nothing. Neither Prince nor Aretha had a will or a trust. They both passed away leaving their massive estates to be decided by feuding relatives who will be tied up in courts for years to come. This is just astonishing. Even more so because my understanding is that they both keep tight reins on their business arrangements and finances. How did they let this happen? I suspect we will never know.

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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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