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Lebanon Ohio Legal Blog

Can I refuse to take a chemical test after an OVI arrest?

When you hear the blare of sirens and look up to see flashing police lights in your rearview mirror, it can be a nerve-wracking moment. Winding up in handcuffs, placed under arrest on suspicion of operating a vehicle impaired (OVI), can add to the confusion. There might be so many thoughts running through your mind that it’s hard to keep everything straight.

Having a good understanding of what the law allows can be helpful, particularly when it comes to chemical tests. Do you have to offer a blood sample if an officer asks? And what happens if you refuse?

Ohio Expungement - Could Get Easier Under Proposed Law

If passed, proposed Ohio Senate Bill 160 would make expungements available for crimes that are currently not elligible for expungment.  The proposed bill could give more people an opportunity to put their criminal past behind them, and move forward with a fresh start.

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Cincinnati Decriminalizes Pot Possession - Other Marijuana Laws Still Apply

How Will the New Cincinnati Pot Law Affect You?

Cincinnati City Council has voted to decriminalize the possession of marijuana within the city limits.

Replacing the city's previous ordinance on marijuana, the new minor misdemeanor for possession of cannabis will carry no jail time, fines, or criminal record as long as you possess less than 100 grams (roughly 3.5 ounces). While marijuana penalties throughout the state have been eased in recent years, the removal of a criminal record for possession could be the biggest development, as a record of criminal drug use can have very negative effects for your job and your future.

What does this new law mean for residents and visitors of Cincinnati and the surrounding municiplaities, townships, and counties?

Improperly Furnishing Firearms to a Minor in Ohio

Can minors purchase or own firearms? 
What are the penalties for Improperly Furnishing Firearms to a Minor? 

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Responsible gun owners are often very enthusiastic about about helping youth to learn the safe and proper use of firearms.

Failure to follow the laws around furnishing weapons to minors could result in serious fines and even a jail or prison term, for both the minors and the adult who furnishes them with guns.

Using Weapons While Intoxicated in Ohio

Ohio has relatively broad laws permitting firearms as compared to other states. As with any dangerous tool, however, ownership of a firearm comes with rules and responsibilities for the owner. One of which, as with motor vehicles, is the imperative that you not use your weapon while intoxicated.

Penalties for using firearms while intoxicated

Using weapons along with drugs or alcohol is a misdemeanor of the first degree.

The use of a firearm while intoxicated could carry a penalty of 180 days in jail and a $1,000 fine depending on the circumstances.

However, if a law enforcement officers makes additional charges stemming from the same incident, such as OVI, possession of drugs, or probation violations, you may find yourself charged with a felony (serious crimes that carry a penalty of a year in prison or more).

Penalties for Teen Sexting in Ohio

Teens and Social Media - Know the Law and Penalties.jpg For experienced Juvenile defense, call attorneys Dearie Fischer and Mathews

What are the penalties for Teen Sexting in Ohio?  Penalties for teen sexting in Ohio are no joke.

  • Charges recorded on permanent school records and law enforcement records.
  • Search of juvenile's phone.
  • Forfeiture of cell phone and/or being barred from all cell phone use.
  • Time in juvenile detention center
  • Restraining order keeping juveniles from interacting with friends who are alleged victims of the sexting.
  • Placement on public sex offenders' registry.

Before deciding to engage in sexting, make sure you understand these legal facts:

  • Simply having an explicit image of an underage person on your phone could result in very serious charges, even if you are underage yourself. This is true even if the person depicted in the content sent it to you unsolicited.
  • Teachers are "mandatory reporters" and are obligated to report sexting activity to law enforcement.
  • School resource officers are members of law enforcement and can make arrests on school premises.
  • If the alleged victim is a minor, and you are over the age of 18, penalties are more severe. 

Improper Handling of a Firearm in a Motor Vehicle in Ohio

Ohio law allows the transport of weapons in cars both by those with a concealed carry license and those without. There are, however, laws regulating the handling of a firearm in a motor vehicle, and failure to adhere to these laws could result in serious fines, jail time, loss of a concealed carry license, or even the right to open carry.

Juvenile justice sees things differently

The arrest of a minor can be traumatic for the child and a shock for the parent. Processing so many emotions and so much information quickly can be overwhelming.

Because Ohio’s juvenile justice system likes to move quickly, contacting counsel promptly will be important for both legal help and perspective.

Medical Marijuana: OVI Trap?

The legality of marijuana is expanding in Ohio. Medical marijuana has come to Ohio, with dispensaries across the state now providing cannabis products for use by those on the medical marijuana registry. The new law has caused some confusion about the legality of marijuana use, especially when it comes to driving. 

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