Who is at fault for hitting an illegally parked car in Ohio?

Say you find yourself in a situation where you have hit a parked car. While the situation can certainly be embarrassing to a degree and may leave you frustrated, it is important to realize how serious the situation can quickly become, especially if you have left the scene of the accident.

When it comes to hitting a parked car, there is some key information that you will need to leave behind if you are unable to locate the owner of the vehicle that has been hit. That information includes your name, address, vehicle registration number, and insurance information. You will need to leave that information in a visible place for the owner of the car to find, such as under the car wiper or taped to the window.

If you happen to hit a parked car in a vehicle that you do not own, you will also need to leave the car owner’s name and their address. If you fail to leave this information, you may face a first-degree misdemeanor under Ohio law for leaving the scene of an accident.

With all that in mind, there is other key information you should know when it comes to different situations related to hitting a parked car in Ohio i.e. relevant laws and penalties. Below, we answer a few frequently asked questions.

Disclaimer: The following is not intended as legal advice. It is general information meant to inform. Please consult with a hit and run defense attorney in Ohio for legal advice.

What is the Law for Hitting a Parked Car in Ohio?

When it comes to hitting a parked car in Ohio, both state and local municipal codes will come into play.

At the state level, Section 4549.02 of the Ohio Revised Code lays out that in the case of a motor vehicle accident or collision with “persons or property on a public road or highway, the operator of the motor vehicle, having knowledge of the accident or collision, immediately shall stop the operator’s motor vehicle at the scene of the accident or collision.”

Under this section, drivers who have hit another vehicle are required to stop, remain at the scene of the accident, and share their name, address, vehicle registration number, and insurance information as discussed above.

Stopping after hitting a parked car and sharing or leaving your information is also required under Columbus’ Code of Ordinance’s as outlined in Chapter 2135. DOES INSURANCE COVER HIT AND RUN PARKED CAR?

Failure to provide your information if you have hit a parked car can be treated as a first-degree misdemeanor, meaning you can face penalties like:

  • Up to six months in jail
  • A fine of up to $1,000
  • A driver’s license suspension for a minimum of six months up to three years

To read more about the potential penalties that hit and run charge may carry, see our post here.

Who is at Fault for Hitting an Illegally Parked car in Ohio?

Determining who is at fault for hitting an illegally parked car in Ohio will depend on the individual circumstances of the case. Most often, the driver who hits the parked car will be found at fault because they are the ones who hit the parked car.

In some instances, if a car that has been hit is found to have been illegally parked, the owner of the parked vehicle may also be at fault.

To further understand if you may be found at fault for hitting an illegally parked car, reach out to our hit and run defense attorney in Columbus, Ohio. He will be able to analyze the details of your case and explain possible next steps.

Is Ohio a No-Fault Accident State?

The long and short answer here is Ohio is not a no-fault state. Ohio is an at-fault state, meaning that the driver who is found at fault for an accident is the individual who will be held liable for any damages and/or injuries that occur.

In fact, Ohio state law requires that all drivers carry a minimum amount of bodily injury liability coverage of “$25,000 per person injured in any one accident and $50,000 for all persons injured in any one accident.”

Connect with a Hit and Run Defense Attorney in Columbus, Ohio

If you find yourself in a situation where you are facing charges of a hit and run in Columbus, Ohio, you should reach out to an experienced hit and run defense attorney. A traffic defense attorney should be able to look at the details of your case then help give you a feel for what to expect, potential defenses and mitigating factors, as well as in-court representation against the charges.

Consider calling a Columbus defense attorney from The Maher Law Firm, LLC today. Founder and experienced attorney, Colin Maher, has been regularly representing clients in the Columbus, Ohio area since 2013. He has a track record of success, routinely helping clients defense against traffic violations like speeding tickets, failure to control, marked lanes, reckless driving, DUI/OVI’s, hit and runs, and anything else for which you can receive a citation.

Connect with The Maher Law Firm today for a free phone consultation at 614-205-2208.

Is Running a Red Light A Misdemeanor in Ohio?

As an Ohio driver, you most likely know how strict Ohio’s driving laws can be and how damaging the penalties for breaking those laws i.e. pulled over for speeding, run a red light, OVI, etc.

Under Ohio law, traffic violations are assigned a “degree” or level of severity.  The degree of the charge determines the possible penalties that may apply if convicted.  Some violations/crimes may be considered misdemeanors while others may be treated as felonies.

Below, we answer questions related to running a red light in Columbus Ohio. If you have ever asked yourself how many points go on my license for running a red light, continue reading below.

Is Running a Red Light a Misdemeanor?

Running a red light is considered a misdemeanor in Ohio, even with recent changes to the law. The specific classification of the misdemeanor will depend on how many recent traffic convictions a driver may have had.

For example, a driver on a first offense will face a minor misdemeanor while a driver on a third offense will face a third-degree misdemeanor.

How Much does Running a Red Light in Columbus Ohio Cost?

As mentioned above, the fine you face for running a red light will depend on the degree of the misdemeanor.

  1. A minor misdemeanor can carry up to $150 in fines.
  2. A fourth-degree misdemeanor (for a second offense) can carry up to $250 in fines.
  3. A third offense or higher can carry up to $500 in fines.

If you have questions about the fines you may be facing, please consult with a Columbus Ohio traffic defense attorney from The Maher Law Firm.

What is Considered Running a Red Light in Ohio?

If a driver proceeds through a red light either by accident or on purpose, this can be considered running a red light. Running a red light can occur even if a driver has come to a complete stop beforehand.

Even with the new red light law that went into effect in 2017, there are certain circumstances in which drivers are allowed to move through a red light. If a traffic light is malfunctioning and if the intersection is clear of any oncoming traffic, drivers are allowed to move through a red light (though the law does specify that they still need to come to a stop).

Section 4511.132 of the Ohio Revised Code, which further outlines the entire law surrounding malfunctioning traffic control signal lights, also states that drivers need to “exercise ordinary care while proceeding through the intersection.” 

How Many Points is Running a Red Light in Ohio? 

Under Ohio’s points system, running a red light results in two points being added to your driving record. Other two-point traffic violations include:

  • Running a stop sign
  • Failure to yield
  • Following too closely
  • Improper turns

If you would like to view how many points are on your driving record, you can request a copy of your driving record online or by mail from the Ohio BMV.

For further information, you can see our blog post on how to check how many points you have.

Connect with a Traffic Defense Attorney Today

If you are facing a traffic violation or charge related to running a red light, it is wise to contact a traffic violation attorney as soon as possible. Disputing a traffic violation can be beneficial to you in many ways, including helping ensure that your driver’s license is not at risk and the potential of keeping points off of your license.

Some drivers may never realize that their license is or was at risk. When it comes to handling a traffic offense of any kind, you will find that there are three options.

  1. You can plead guilty or no contest which opens you up to the potential penalties associated with your offense,
  2. You can try and handle the case on your own, or
  3. You can work with a traffic violation attorney in Columbus, Ohio.

Any of these options can be applicable depending on your situation. Given the often complex laws surrounding Ohio traffic violations, working with a Columbus traffic lawyer can make a significant difference in your case.

Here at the Maher Law Firm, LLC, founder and experienced lawyer Colin Maher is well versed in the numerous traffic laws in Ohio. He represents individuals who are facing all manner of traffic offenses, including those related to traffic control devices and signs.

For a free and confidential phone consultation with Colin Maher, call us at 614-205-2208 or reach out online.

What Is Considered Running a Red Light in Ohio?

In recent years, Ohio’s laws around red lights have seen some changes. These changes can lead to driver’s questioning how to navigate a traffic light without violating the law. Below, we will answer some questions regarding red lights and traffic lights in general.

Disclaimer: The following is not legal advice. It is general information meant to inform. Please consult with our Traffic lawyer in Columbus, Ohio for legal advice.

What is considered running a red light in Ohio?

In most cases, running a red light is when a driver proceeds through an intersection while their corresponding light is red. That being said, there are certain circumstances in which running a red light can be considered legal, as per a state law that was implemented in 2017. This law allows drivers to go through red lights if a driver believes that a light is malfunctioning.

This particular state law, allows drivers to go through a red light if:

  • The light is not working properly, AND
  • The intersection is clear of any oncoming traffic

As defined by Section 4511.132 of the Ohio Revised Code, drivers are required to stop at clearly marked stop lines, stop before entering a crosswalk, or before entering the intersection as a whole. Ordinary care should be exercised by drivers as they move through the intersection. Are Camera Speeding Tickets Legal in Ohio?

Something important to note here: a driver will need to be able to prove that the light was malfunctioning if they drive through the red light.

If you are facing a ticket for running a red light in Central Ohio, consider contacting a Columbus traffic lawyer from The Maher Law Firm for assistance.

What are the most common traffic tickets?

Some of the most common causes of traffic violations include:

  • Speeding
  • Running traffic lights or stop signs
  • Failing to signal for turn or lane change
  • Texting while driving
  • Driving under the influence

Some more uncommon traffic violations include:

  • Wearing headphones while driving
  • Operating your vehicle at a slow speed
  • Trying to avoid a red light i.e. cutting through gas station

Is it illegal to go through a yellow light in Ohio?

It is not illegal to go through a yellow light in Ohio. A yellow light, as per state law, indicates a warning that the light will soon be turning red. Drivers should slow down and stop if possible to allow time for the intersection to clear.

To read more about the specifics of yellow light operations, see Section 4511.13.

Can you run a red light if no one is around?

Running a red light is illegal even if there is no other traffic or pedestrians. It can be tempting, especially if it’s late at night, but you can receive a traffic ticket.

When can you turn left on red in Ohio?

Turning right on a red light when safe to do so is legal unless there is a “No turn on red” sign. What about turning left on a red?

There are limited circumstances in which a driver can legally make a left turn on red in Ohio. Typically, you can make a left on red if you are in the furthest left lane and turning into the furthest left lane of a one-way road.

What causes a traffic light to malfunction?

Traffic light malfunctions can and do occur. Some common causes of traffic light malfunctions include:

  • Improperly installed traffic lights
  • Severe weather conditions
  • Faulty wiring
  • Damaged circuits
  • Vandalism

Connect with a Traffic Lawyer in Columbus, Ohio

If you are given a ticket for a traffic offense in Columbus, your first step after receiving the ticket should be calling a Columbus traffic lawyer.  Attorney Colin Maher has handled traffic cases since 2009. He can be reached for a free consultation and price quote by calling 614-205-2208 or by using our online contact form

How Police Detect Drunk Drivers in Ohio?

Since 2018, the Ohio State Highway Patrol has issued just over 105,000 operating a vehicle while impaired (OVI) by alcohol or drug arrests (as of June 1, 2023). When it comes to how police detect drunk drivers, there are a number of different things they may look for when trying to determine if a driver has been drinking. This can include poor driving, the driver’s behavior, odors coming from the vehicle, the driver’s speech, and blood alcohol content (BAC) if the driver consents to a test.

Below, we take a closer look at how police detect drunk drivers in Columbus Ohio and some associated questions that drivers like you may have.

How Can Drunk Driving Be Checked?

Roadside field sobriety tests and a breathalyzer, blood, or urine test are the most common ways the police try to confirm if someone is operating a vehicle under the influence of alcohol and/or drugs.

Field sobriety tests generally consist of the following:

  • Horizontal Gaze Nystagmus: An officer may use a pen or other kind of stimulus to check your eyes for any kind of involuntary jerking of the eyeball.
  • Walk and Turn: A driver will be asked to stand on a line and walk nine steps down before turning and walking back the same number of steps.
  • One Leg Stand: A driver will be asked to stand with their arms at their sides and their heels together before being asked to lift and hold one foot up while counting and maintaining balance.

These are all standardized tests that the National Highway Traffic Safety Administration (NHTSA) helped to develop. This combination of field sobriety tests are used by law enforcement agencies all over the country including Columbus, Ohio. The results of these tests may be used to build a case against you.

The second common way that police attempt to confirm drunk drivers is through a Breathalyzer test. A Breathalyzer test typically consists of a police officer requesting that a driver breathe into a breath-testing machine. That breath-testing machine will then read your breath sample and detect the concentration of alcohol in your body.

Please be aware that anyone suspected of a DUI/OVI in Ohio has the right to opt out of field sobriety tests. On-site breath machines, specifically ones that are handheld, provide results that are often not accepted in Ohio courts as a valid measure of your BAC. That being said, the results may be used to help establish  probable cause to arrest you for the offense.

Performing well on field sobriety tests is difficult regardless of your level of impairment. Someone may not have good balance to begin with and injuries can contribute to poor performance.

What is Used by Police to Determine a Person is Drunk?

As discussed above, law enforcement will most commonly use field sobriety tests and breathalyzer tests to determine if a driver has been drinking. There are also other signs that they may look for when trying to initially figure out if a driver is impaired.

As outlined by the Ohio Department of Public Safety, some common signs that law enforcement may look for include:

  • Making wide turns
  • Stopping in roadways with no cause
  • Driving on an area that is not on a designated roadway
  • Braking erratically
  • Weaving in and out of traffic
  • Driving with your headlights off
  • Signaling one way and turning the other

What is the Limit of Alcohol for Driving?

In Ohio, you are considered to be driving under the influence if your BAC is found to be .08 or above. This particular BAC limit applies to any driver 21 years of age or older. For commercial drivers, the BAC limit is lowered to .04 and above when operating a commercial vehicle.  For any driver under the age of 21, the BAC limit is .02.

What is a Fail on a Breathalyzer in Ohio?

In Ohio, the general legal limit for a BAC is .08. This means that if you take a Breathalyzer test and receive a BAC at or above that .08 limit, the law considers you to be an impaired driver.

If your breath test result is at or above the legal limit, your driver’s license will be immediately taken under Ohio’s Administrative License Suspension. This is a type of license suspension that can be imposed on a driver charged with an OVI.

If you have been pulled over by police under suspicion of a DUI, we always recommend reaching out to a Columbus defense attorney as soon as possible. You have the right to consult with a Columbus DUI lawyer at any time during a DUI stop. Please assert that right if you find yourself being investigated for an OVI.

If you or someone you know is facing an OVI charge in or around Columbus, Ohio, feel free to contact attorney Colin Maher for a free phone consultation.  He can be reached by calling 614-205-2208 or by contacting The Maher law firm online.

How Long Does A DUI Stay on Your Background Check In Ohio?

For any driver in Ohio who is facing a DUI charge, whether it is your first or second time, you undoubtedly have a number of questions about how the charge will impact your driving record. In Ohio, a DUI (also known as an OVI within Ohio) is treated as a serious offense.

Drivers who are found to be driving under the influence of drugs or alcohol in Columbus Ohio face harsh penalties including:

  • Jail time
  • Heavy fines (in addition to court costs)
  • Driver’s license suspension
  • Mandatory involvement in an alcohol or drug addiction program
  • Immobilization of your vehicle
  • Restricted plates
  • An interlock device placed on your vehicle
  • Probation fees (if you are placed on probation)

The above are just some of the penalties that Ohio drivers may face with a Columbus DUI charge. Now, on to the question of how long a DUI conviction remains on your background check.

Disclaimer: The following is not legal advice. It is general information meant to educate. Please connect with experienced Columbus DUI lawyers for legal advice and representation.

What Does a DUI Entail in Ohio?

First, let’s establish what exactly a DUI is in Ohio. Driving under the influence, or a DUI, is essentially when a driver is operating a vehicle while under the influence of drugs or alcohol. In Ohio, you may face DUI charges if you have been allegedly found to be driving or operating a vehicle with a blood alcohol content (BAC) level of .08 or higher for anyone 21 years or older.

For drivers who are too young to buy alcohol, they may face a DUI charge if their BAC is .02 and commercial truck drivers who are working at the time of their charge are also limited to a BAC of .04.

It is also important to note that authorities may pull someone over for operating any kind of vehicle that Ohio state law defines as a vehicle.

As per Section 4511.19, a vehicle under Ohio law can include:

  • Cars
  • Motorcycles
  • Trucks
  • Mopeds
  • Electric scooters
  • Golf carts
  • Motorboats
  • Bicycles

How Long Does A DUI Stay on Your Background Check in Ohio?

The long and short answer to how long a DUI stays on your background check is that it is permanent. A common misconception about DUIs is that they will drop off of your driving record after two or three years.

It can be a little confusing, as Ohio operates a points system. This points system is used by the Ohio Bureau of Motor Vehicles to determine when a driver’s license will be suspended. Different traffic violations carry a certain number of points. When a driver eventually hits 12 points on their driving record within a two year time period, they will face a license suspension.

After two years, from the date of the traffic conviction, the points will drop off your record. Even though the points drop off, a DUI conviction remains on your record forever.  The current law in Ohio does not allow for sealing or expunging traffic offenses like a DUI/OVI.

That is why connecting with a repeat DUI attorney in Columbus, Ohio can be critical. If you do not take steps to address a DUI charge, you may be looking at a permanent addition to your driving record and background check.

In addition to penalties like jail time, heavy fines, and a driver’s license suspension, you may also face issues like increased car insurance cost, not being able to get car insurance, and difficulty finding future employment. Past DUI convictions or guilty pleas will also be considered to escalate the mandatory minimum penalties on future DUIs.

What is a Look Back Period?

A look back period is the length of time in which a prior DUI or OVI conviction will be considered if you are facing a new DUI charge. Any previous conviction or plea that took place within the specific lookback period will be considered for sentencing purposes.

For example, say you had a DUI conviction five years ago and you are now facing a new DUI charge, Ohio’s look back period of ten years would make it a second offense subjecting you to second offense penalties (i.e. 10 days in jail rather than 3 in a driver intervention program).

In 2017, Ohio’s look back period changed when “Annie’s Law” was signed. This law increased the look back period from six years to ten years. It is important to be aware of this look back period as we discuss how long a DUI stays on your background check.

With this look back period in mind, there are still steps you can take if you are facing a new DUI charge. Consider reaching out to a repeat Columbus Ohio DUI attorney who will be able to explain your rights and put together a defense strategy unique to your situation.

Posted in DUI

How To Avoid Jail Time for a 2nd DUI in Ohio

The DUI laws in Ohio are complicated and strict. Penalties for DUI charges can include driver’s license suspensions, potential jail time, fines, and more. The penalties you may face will depend on a few factors including previous convictions and blood alcohol content if tested.

A first DUI offense is serious enough on its own, but a second DUI offense brings even more severe mandatory penalties. With that in mind, you may be wondering how to avoid jail time for that 2nd DUI in Columbus Ohio, and what exactly happens when you are facing a 2nd DUI.

Below, we discuss what happens if you get 2 DUIs in Columbus Ohio, and how to potentially avoid jail time for a 2nd DUI.

What Happens if You Get 2 DUIs in Ohio?

For anyone who receives a 2nd DUI following a 1st DUI offense within 10 years of the 1st, you can expect to face harsher penalties including:

  • A mandatory minimum of 10 days in jail, up to 6 months of potential jail time
  • Fines that range from $525 to $1,625
  • A driver’s license suspension that ranges from 1 to 3 years

Along with these harsher penalties, another important element to keep in mind is that the degree of intoxication based on chemical testing will be used to determine if you are facing a low or high level DUI. A low or high level DUI can also affect the penalties you face.

Ohio has set legal blood alcohol concentration (BAC) limits for drivers. Ohio’s BAC limit is .08 for adult drivers who are over the age of 21, .02 for drivers under the age of 21, and .04 for commercial truck drivers.

The difference between a low level and a high level DUI is as follows:

  • A low level DUI will be for a BAC that is .08 or higher but less than .17
  • A high level DUI will be for a BAC that is .17 or over

Depending on your BAC level, a judge may also add additional penalties to your 2nd DUI charge such as:

  • Potential seizure of your vehicle
  • A 90-day immobilization of your vehicle
  • An interlock device placed on your vehicle that requires breath testing before your car will start

Frequently Asked Questions About 2nd DUIs

Does Ohio have a look-back period for DUI?

 A look-back period is the amount of time that a prior guilty plea or conviction for a DUI offense will enhance the penalties should you get future DUI convictions. This means that a court will consider prior DUI convictions or charges when imposing the penalties for your second DUI.

In Ohio, the current look-back period (sometimes called a washout period) is 10 years. This means that the look-back period starts from the date of your first DUI conviction until the date of your second DUI charge.

 Is a second DUI in Ohio a felony?

In Ohio, a second DUI is not charged as a felony. Most drunk driving cases are charged as misdemeanors. A DUI will be charged as a felony when an individual has three or more previous DUI convictions in the prior 10 years.

To read more about the specific penalties for a second DUI, see our page here.

How do you get a DUI dismissed in Ohio?

There are a number of ways to challenge a DUI charge in Ohio. Some common ways that a DUI defense attorney may challenge a charge include:

  • Challenge the breathalyzer test
  • Make a motion to suppress evidence
  • Challenge the police officer’s interrogation
  • Argue that there was no probable cause to arrest
  • Argue there was no reasonable suspicion to stop

These are all potential ways that a defense attorney can work to challenge a DUI charge. It is important to note that there is no guarantee that a defense attorney will be able to get a DUI dismissed or lessened every time. Dismissal of a charge and even getting the penalties reduced will depend on various evidence based factors.

How an Attorney Can Reduce Jail Time for a Second DUI

A Columbus DUI defense attorney will be able to investigate the circumstances surrounding the 2nd DUI charge. They will be able to analyze the details of your case to fully understand what happened, develop a defense strategy, and help guide you through the entire legal process.

If you are facing a 2nd DUI charge in Columbus Ohio, it is certainly helpful to reach out to a Columbus DUI defense attorney from The Maher Law Firm. Founder and experienced trial attorney Colin Maher has over 10 years of experience representing clients in Columbus, Ohio, and the surrounding areas. You can connect with him over the phone at 614-205-2208 or online for a free and confidential phone consultation today.

 

Posted in DUI

Can You Legally Drive After Taking CBD Oil in Ohio?

In 2016, Ohio set up the framework that would lead to the legalization of medical marijuana in 2018. And in 2022, lawmakers even put forth the idea to expand on eligibility for the medical marijuana program in Ohio.

With all of these semi-recent changes surrounding marijuana and by extension marijuana-related products like CBD oil, this raises a lot of questions for individuals living in Ohio. These questions can include can you legally drive after taking CBD oil and does CBD affect the way you drive at all?

Below, we take a closer look at both of these questions and what exactly they can mean for you.

Note: The following is not legal advice. It is general information meant to inform. Please contact our law firm to consult with a Columbus traffic defense lawyer for further information.

Can CBD Impact Your Driving Ability?

Driving under the influence of drugs in Ohio can carry severe penalties for drivers.  Possible penalties include high fines, jail time, probation, suspension of your driver’s license, and license reinstatement fees. What about driving after taking CBD oil?

This is a somewhat difficult question to answer, as the research surrounding CBD oil’s impact on driving is rather limited. There is new research coming out to help explain the effect that CBD oil can have on individuals when driving.

Based on research conducted by the University of Sydney in 2022, it was found that 1500mg (which is the highest medicinal dose of CBD) had no impact on a person’s ability to drive or on their cognitive abilities in general.

Lead author on the study, Dr. Danielle McCartney, said: “Though CBD is generally considered ‘non-intoxicating’, its effects on safety-sensitive tasks are still being established. Our study is the first to confirm that, when consumed on its own, CBD is driver-safe.”

So, while research is still limited, CBD oil on its own has been found to be driver-safe through one study.

We will also note once more that there is still generally a lot that is unknown about the effects of CBD, even though it is generally well-tolerated by users. Some known potential side effects and harms, as per the Centers for Disease Control and Prevention (CDC), include:

  • Interference with other drugs someone may be taking
  • Drowsiness or sleepiness
  • Changes in mood
  • Liver damage

Am I Allowed to Drive After Taking CBD Oil?

Ohio has generally lenient CBD regulations in place. The 2018 Farm Bill was passed into law with SB 57, which removed hemp from Ohio’s controlled substance list just as hemp was removed from the federal Controlled Substances Act the same year. This essentially means that as long as CBD is derived from hemp and contains less than 0.3% of THC, the CBD is legal to use.

CBD oil has been found to not intoxicate people, instead offering pain relief and calming effects to individuals who use it. With that in mind, it is important to note that some CBD products also contain certain types of THC that may cause impairment and can result in testing over the legal limit for marijuana. Drivers can face OVI charges if they are found to be under the influence of controlled substances like marijuana or if their ability to drive is believed to be impaired. (Section 4511.19 of the Ohio Revised Code lists the legal limit for various substance amounts)

When it comes specifically to the use of CBD oil, make sure you check to see if it contains any kind of THC. If you are facing an OVI charge due to CBD oil use, please contact a Columbus OVI lawyer from The Maher Law Firm.

Connect With a Criminal Defense Lawyer for CBD Oil Charges

If you are being charged with a DUI/OVI for driving after CBD oil use, you should connect with a Columbus criminal and traffic defense lawyer for assistance. Attorney Colin Maher of The Maher Law Firm has worked with thousands of clients in Columbus on a range of criminal and traffic issues including drunk and drugged driving, disorderly conduct, weapons offenses, drug offenses, and more. You can connect with The Maher Law Firm over the phone by calling 614-205-2208 or by reaching out through our online contact form.

What Is Collateral Consequence as It Relates to A Felony Conviction?

Common knowledge around criminal convictions means that most people have an understanding of the kinds of consequences that an individual might face if they are convicted of a crime. These common consequences will often include potential jail time, monetary fines, covering the cost of court, and community service hours.

Alongside the more common consequences that you might associate with a criminal conviction come the collateral consequences. Collateral consequences most often take the form of additional sanctions or penalties that may result from a conviction without any kind of notice.

To further explain what collateral consequences are as they relate to a felony conviction, we take a look at what it all means below and what to do if you have further questions.

What Are Collateral Consequences of Criminal Conviction?

First off, collateral consequences of criminal convictions are legal restrictions that can limit people who have been convicted of crimes from access to certain rights/opportunities.

According to the National Inventory of Collateral Consequences of Conviction (NICCC), these legal restrictions can affect individuals in a number of areas. They can impact employment, “business and occupational licensing, housing, voting, education, and other rights, benefits, and opportunities.”

Other collateral consequences that an individual might face include denied access to government benefits and certain programs that are usually open to participation such as “student loans, housing, contracting and other forms of participation in civic life.”

The most common collateral consequence that you might know of is the loss of the right to vote if an individual is convicted of a felony as detailed in Section 2961.01 of the Ohio Revised Code.

What Kinds of Collateral Consequences of Criminal Convictions Exist?

Created in 2012 by the Criminal Justice Section of the American Bar Association, the NICCC is an online database that identifies different collateral consequences across the United States. Some of the listed collateral consequences in the database include:

  • The publication of an individual’s criminal record
  • Specific mandated notification of an individual’s criminal record to either the general public or certain individuals
  • Suspension or ineligibility for certain licenses such as wholesale fish handling, non-commercial vehicle licenses, and wholesale fireworks licenses
  • Ineligibility for things like government contracts and certain government programs
  • Certain restrictions on things like living arrangements can affect custody of children and adoption

Collateral consequences can have long-term impacts on individuals. They can create barriers for people who are looking to reenter society after prison time has been served or even for individuals who face misdemeanors.

What Should I Do if I Have Questions on Collateral Consequences?

Collateral consequences and how they relate to felony convictions is a complicated topic that cannot be fully covered in just one post. With both federal and state laws potentially being at play, they can be quite complex.

If you are facing any type of conviction, it is always recommended to speak with a Columbus criminal defense attorney to explore consequences that may not be readily apparent. A defense attorney will be able to answer your questions more in-depth and help you to understand the collateral consequences that you might be facing.

The Maher Law Firm, LLC is a Columbus, Ohio-based law firm that focuses on criminal defense, DUI/OVI defense, traffic defense, and expungements (sealing of record).  For over ten years, clients throughout Columbus and Franklin County have placed their trust in The Maher Law Firm to successfully navigate the risks associated with criminal and traffic cases. If you have questions regarding criminal or traffic cases in Columbus, Ohio call them today at 614-205-2208 or contact them online today.

Ways to Defend Against a Theft Charge in Ohio

When it comes to theft in the state of Ohio, theft is committed when someone takes the property or makes use of services without any intention of returning the property or paying for those services. Theft, as defined by Section 2913.02 of the Ohio Revised Code, also outlines theft as occurring “without the consent of the owner or person authorized to give consent” or even by deception, threat, or intimidation.

So what exactly can an individual do in regard to a theft charge in Columbus Ohio? Below we take a look at how an individual facing a theft charge might be able to approach their case, such as working with a theft crimes lawyer in Columbus.

What is A Theft Charge in Columbus Ohio?

First off, let us take a brief look at what a theft charge is in Columbus Ohio.

When it comes to a theft charge in Ohio, there are a number of different acts that can fall within the theft offense category. Some of these acts include:

  • Petty theft
  • The unauthorized use of a vehicle or property (like a computer or other telecommunication property)
  • Robbery
  • The misuse of credit cards
  • Burglary
  • Aggravated theft

For a more in-depth list of different categories of theft and fraud that Ohio state law addresses, see Chapter 2913 of the Ohio Revised Code.

Theft charges and the severity of the potential consequences that an individual might face in Columbus Ohio will vary depending on the circumstances. For example, a petty theft charge is considered as a first degree misdemeanor.

Potential consequences of a first degree misdemeanor in Ohio include up to 180 days of jail time and a fine of up to $1,000.

Possible consequences in relation to a theft charge might also differ based on any prior record that an individual may have. If you have specific questions related to a possible theft charge you are facing in Columbus Ohio, it is always a good idea to seek legal advice from a Columbus criminal defense attorney.

How to Beat A Theft Charge

Now that we have looked at what kind of acts might result in a theft charge, we can look at how to beat a theft charge in Columbus Ohio.

When it comes to a theft charge, you will want to get in touch with a theft crimes lawyer in Columbus, Ohio. An experienced lawyer will be able to take you through the process of challenging a theft charge.

Challenging a theft charge can involve a number of things, such as challenging witness statements or determining the best defense approach based on the individual circumstances of the case.

If you are curious about the best way to potentially beat a theft charge, find a theft crimes lawyer that you are comfortable working with!

What Can a Theft Crimes Lawyer in Ohio Help With?

Facing a theft charge of any level can be stressful. A theft crimes lawyer will be able to offer you legal advice and offer their years of experience working on similar cases to help protect you and your rights. They will be able to look at all of the details of your case and figure out the best way to move forward while keeping things like procedures and deadlines in mind.

An experienced lawyer will have a thorough understanding of the statutes that have allegedly been violated in relation to your theft charge and the best course of action moving forward.

While you may not always be able to avoid all potential consequences in the case of a theft charge, working with a lawyer is quite often beneficial in reducing possible penalties.

The Maher Law Firm focuses on traffic violation defense and criminal defense in the Columbus, Ohio area. The Maher Law Firm has been handling criminal and traffic defense cases for well over ten years.  Call The Maher Law Firm today at 614-205-2208 for a free telephone consultation or contact us online.

Where Can I Check how Many Points Are on My License?

For any driver in Ohio, whether you are actively facing a traffic citation, or you just want to keep up-to-date on the points you may have on your license, knowing how to look up the points on your license can be important.

It’s important to keep track of any points you have accrued on your license to help ensure that you do not face a license suspension from the Ohio Bureau of Motor Vehicles (BMV).

Below, we answer the question of how to checkpoints on your license for free to help you keep up-to-date on your driver’s license standing.

How Do I Look Up My Points?

In Ohio, the Ohio BMV is the organization that holds onto all driving records – including the number of points that may be on your driver’s license at any given time. There are a few different ways to look up your points, according to the BMV’s website.

To request a copy of a driving record abstract, which is a 3 year record of “all moving violation convictions, accident involvement reports and other actions that result in license suspensions, revocations or other disqualifications” on your most recent driver’s license issue date, you can do one of the following:

  1. View or request your driving record online
  2. View or request your driving record at a deputy registrar license agency
  3. Mail in a completed record request (Form BMV 1173) and a fee to the Ohio BMV in Columbus, Ohio

To read more about how to request a copy of your driving record abstract, see the Ohio BMV’s page.

How to Check Points on License for Free

There is a free option available to drivers to request their driving record, including points on their license, from the Ohio BMV.

You can request an unofficial copy of your driving record that will date back only 2 years. This can be viewed or requested online. The Ohio BMV site shares that the driving record “is consistent with the Ohio point assessment and suspension law.”

How Can I Check My Driving Record in Ohio?

Ohio drivers can easily access their driving records online through the Ohio BMV website.

Drivers can do a number of different things through the BMV website including viewing their driver abstract which shows important information like any kind of accident reports, moving violations, and any kind of suspension that may be placed on your license.

How Many Points do I Have in Ohio?

Viewing either the 2 or 3 year driving record available on the BMV site will show you how many points you have – particularly in relation to any current traffic citations, you may be dealing with.

And while the 2 or 3-year driving record can be especially helpful to you in addressing the most recent driving concerns you may have; you can put in the above-mentioned record request to receive a copy of your entire driving record.

This can give you a more comprehensive overview of your entire driving history.

If you have concerns about the number of points on your driver’s license, consult with a traffic violation attorney from Maher Law Firm. They will be able to go over the details of your case and help figure out what approach to take in regard to your individual case’s needs.

Connect With an Experienced Traffic Violation Attorney

If you or a loved one are looking for assistance in disputing traffic citations like speeding tickets in order to keep more points from being applied to your driver’s license, The Maher Law Firm is here to help.

Colin Maher, an experienced traffic violation attorney, will personally handle your case – from initial consultation through to the end of the legal process. With over 10 years of experience serving as a defense attorney, Colin has successfully handled over 2,000 cases for clients throughout the state of Ohio.

You can reach out to schedule a free and confidential consultation with us today over the phone at 614-205-2208. You can also contact us online.