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Southeast Ohio Law Blog

Roadside facts that may affect your freedom

If an Ohio police officer pulls you over, he or she is supposed to have a reason for doing so. Many times, such situations involve a patrol officer with a radar gun who might claim to have clocked you traveling several miles per hour over the posted speed limit. If that's the case, you may wind up having to decide whether to pay a traffic ticket or fight it in court.  

If, however, the officer in question claims that your car was veering over the yellow line or that he or she witnessed you driving erratically, you may have a much bigger problem on your hands. It's not uncommon for a traffic stop of this nature to turn into a roadside investigation where the police officer is trying to determine if he or she has probable cause to arrest you for drunk driving.  

Are you an over-50 Ohio resident considering divorce?

Various age groups often share trends or experiences in common to which most people in the group can relate. For instance, many Ohio residents over the age of 65 relate to one another in terms of retirement issues. Another common factor among those age 50 and beyond happens to be divorce. In fact, you may have family members or friends who have navigated the divorce process after having been married 20 or more years.  

Divorce among those age 50 and older is becoming so common that many family law advocates use the term "gray divorce" in reference to it. Individuals who have already divorced late in life often cite similar reasons as causal factors that led to their current situations. Understanding those reasons may influence your own decisions; it's also good to find out where others tend to seek support if problems arise.  

Medical marijuana and OVI

Ohio's medical marijuana program finally got off the ground, and many patients may already see the benefits of its use. Hopefully, more individuals suffering from certain conditions will receive the right to try this type of treatment to find relief.

However, just because an individual obtains the right to use medical marijuana doesn't mean he or she becomes immune to the state's other laws, such as the one against driving under the influence, which Ohio calls operating a vehicle impaired. Part of the problem that Ohio and other states face is establishing that a driver actively used marijuana before driving. After all, it's not like using a breath test to establish alcohol use.

The basics of Ohio's OVI laws

Everyone makes mistakes. Some mistakes merely teach you a lesson, while others could result in a criminal record, criminal penalties and lasting issues in your personal and professional lives. One of these costly mistakes involves getting behind the wheel of your car after drinking.

Even if you truly believe that you did not drive drunk, a police officer may feel differently. If an officer pulls you over and suspects you of drunk driving, you could face charges for operating a vehicle impaired, or OVI, as it's called here in Ohio.

Are DUI Roadblocks legal?

If you've ever traveled Ohio highways during a holiday season, you may have had to unexpectedly stop your vehicle because police had set up a roadblock. Sometimes, these DUI checkpoints can cause traffic to backup for miles. You may even have had the fleeting thought to survey your surroundings to see if there was a way to get around the roadblock without stopping. Like most Ohio motorists, you likely decided against that and stayed in line with all the other cars, waiting for your turn to talk to police.

You have certain personal rights guaranteed under the U.S. Constitution. The Fourth Amendment seems to pertain to this type of situation. In this section of the Constitution, you are protected against unlawful searches and seizures. This is why police in all states need valid cause and authoritative permission to search your car, your person or your house.

Can you object to custody relocation?

Many Ohio residents face custody terms that can teeter on the edge of agreeable. You may find yourself among this group and have to contend with custody issues due to getting a divorce or other circumstances. While you may have become used to the arrangements over time and feel that you and your children have made the most out of the circumstances and the time you have together, you may also feel somewhat concerned if the other parent broaches the subject of moving away with the children.

Custody relocation happens for a variety of reasons. The other parent may have gained employment in a new area or state or family issues may have presented themselves that require the parent to move in order to provide care for a loved one. No matter the reason for the desired move, you and the custodial parent both have legal steps to take in order for a move to occur.

Divorce does not have to ruin your retirement dreams

If you have concerns about how an Ohio divorce may negatively impact your financial future, you are not alone. The process of ending a marriage will certainly have an impact on your finances, but it does not have to derail your long-held dreams for retirement. It is beneficial to consider not only your immediate well-being when making crucial divorce-related decisions, but your long-term future as well.

Everyone looks forward to retirement, but you can only make the decision to stop working if you have the financial ability to do so. Retirement accounts could be marital property, which means any savings accumulated over the course of your marriage is subject to division with your soon-to-be ex-spouse.

Your educational future after a criminal conviction

Whether you were a straight-A student or just getting by, you probably understood the importance of finishing college and getting that degree. People with college degrees have a substantially higher chance of getting a job. In the field you've chosen, the competition may be tight, and that degree will make all the difference.

However, you had to put all your plans on hold after your arrest for a drug-related crime. In addition to sanctions the university issued, you are now facing criminal charges that could ruin any chances you had for reaching your goals.

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