State Troopers Go Beyond Speeding Tickets with DeWine Initiative

It’s not just drinking and driving that should give you pause before getting behind the wheel of a car.

Now the Ohio State Highway Patrol is taking big steps to remove illegal drugs and firearms from the roads.

“The OSHP is an important partner in Ohio’s work to prevent violent crime and to hold drug traffickers accountable as part of my administration’s RecoveryOhio initiative,” Gov. Mike DeWine stated.

Not just looking to give out speeding tickets, troopers are now identifying areas during the traffic stop that may indicate criminal activity.

“In 2020, the OSHP investigated a wide range of felony offenses that led to 6,133 felony arrests,” as reported by The Times Leader.

Whether you are going on a road trip across the country or on a short spring break getaway, it is vital to follow all laws behind the wheel so you avoid being put behind bars.

If you or your spring break teen find yourself facing charges, contact us immediately.

Is Your Teen Prepared for Spring Break?

Whether they are traveling or staying home with friends, make sure your students celebrate safely.

They have been trapped learning virtually for longer than you care to remember, and now that they are able to get a break, it’s important to educate them on how to enjoy it responsibly.

Whether they are 21 or underage, stressing the dangers of drinking and driving is vital to protect their future.

If house parties are where they will be spending their time, serving and possessing to minors carries major consequences and should be avoided at all costs.

According to the 2019 National Survey on Drug Use and Health 7.05 million Americans between the ages of 12 and 20 report current alcohol consumption, and “the rate of current alcohol consumption increases with increasing age from nearly 2% among 12-13 year olds to nearly 19% at ages 16-17, and almost 36% among 18-20 year olds.”

No matter where they spring break this year, make sure your of-age and underage students are well aware of the dangers of drinking and if they find themselves under arrest, contact us immediately.

Celebrate St. Patrick's Day Safely

The downtown Cleveland parade may be cancelled but that doesn’t mean police won’t be out in full force.

With curfews extending later and more bars opening, the potential for underage drinking and DUI arrests is strong.

Whether you are hosting friends at your house or going out to celebrate the day of the Irish, it’s vital to avoid serving any underage teens (and inform your own teens of the consequences of drinking if they are not 21), and also avoid driving at all costs.

Too often we have seen jobs and even marriages end over DUI arrests so stay safe this season and drive sober.

If you do find yourself facing DUI charges, contact us immediately as our office is open 24/7.

New Year Brings 10 Deaths in 3 nights

2021 rang in a new year but also fatalities that were the result of driving while intoxicated and also from not wearing seat belts.

We have represented countless clients arrested for drunk driving and continue to see an increase in fines for not wearing a secure safety belt.

We can’t stress enough the importance of avoiding driving under the influence and wearing a seat belt (and proper seat for children).

Putting the phone down is also vital as five deaths were pedestrians.

From December 31- January 3, Ohio State Highway Patrol officers made 3,979 traffic enforcement contacts; including 303 OVI arrests, 115 distracted driving and 478 safety belt citations.

If you find yourself facing charges it is vital you contact us immediately. We are here 24/7 and ready to help.

Avoid New Year's Eve DUI

Well we can only hope the year 2021 brings better things than 2020 but the one thing we don’t want is to get arrested.

Whether you are going to a party or even just a pub down the street, it is vital to remember even now police will be out in full force.

Drunk driving claims about three times more lives on America’s roads than distracted driving.

Don’t allow your young drivers or anyone in your home to drink under the influence, and with college kids returning it’s even more important to stress the impact a DUI can have on their future before going out.

If you do find yourself under arrest, our office never closes, not even on holidays so contact us immediately.

New Distracted Driving Bill Passes

Texting and driving just became a bigger offense in Ohio.

On October 29, 2018, Ohio passed House Bill 95, a law that broadened what is considered distracted driving, and also increased the fine for drivers.

Distracted driving-related crashes account for approximately 18 percent of overall Ohio crash fatalities and 16 percent of Ohio serious injuries.

In an effort to crack down on the increasing number of distracted driving accidents, “The Ohio State Highway Patrol joined forces with other members of the 6-State Trooper Project to focus on distracted driving enforcement.”

We advise all drivers to stay sober and off of their phones, but if you find you are wrongly charged for distracted driving or other driving offenses, we have the experience and knowledge to fight for you and are available 24/7.

Be Thankful for No DUI Arrest

No matter where you are celebrating your Thanksgiving this year, make sure you make it to the dinner table by avoiding an arrest the night before.

The Wednesday before Thanksgiving has long been known as one of the biggest party nights of the year, and while bars and house parties may look different this year, police will still be out patrolling the roads.

We always advise sober driving, and for those college kids who are now home and able to see friends again, we suggest talking with them about the dangers of both underage drinking and driving while intoxicated.

With statistics showing “a 64 percent increase in accident alerts and a 38 percent increase in police alerts on the Wednesday of Thanksgiving Eve,” it is vital to avoid drinking under the influence at all costs.

If you do find yourself (or your teen), facing charges, we are available even on holidays and encourage you to contact us immediately.

Don't Let an Orange Jumpsuit be Your Halloween Costume

It’s the month to dress up and celebrate but make sure you do it safely to avoid jail time.

According to the United States Department of Transportation, “during the Halloween nights from 2013-2017, there were 158 people killed in drunk-driving crashes.”

Don’t allow yourself, or your younger drivers become a harrowing statistic. Talk to everyone in your household about the dangers of drinking and driving, underage drinking and supplying alcohol to minors.

And be careful that no one leaves your house intoxicated if you are hosting a party, as you can be found liable and charged as well.

If you find yourself under arrest, contact us right away. Our offices are open 24/7 to help you when you need it most.

State Highway Patrol Cracking Down on Distracted Drivers

The Ohio State Highway Patrol reported 2019 was the second-deadliest year of the past decade with at least 1,157 people killed in Ohio traffic crashes.

There have been 75,411 crashes in Ohio during the past five years which involved one or more drivers who were distracted by something inside their vehicle.

“Distracted driving must become as culturally unacceptable as drunk driving is today. They’re equally preventable and equally dangerous,” said Governor Mike DeWine. “Protect yourself, your family, and others on the road by eliminating all distractions while you drive.”

Two years ago this October 29th, Ohio passed House Bill 95, a law which broadened what is considered distracted driving and also increased the fine.

The Hands Free Ohio bill is also supported by Governor DeWine and, “in cases where a driver using a device causes serious injury or death, the penalties will mirror those of drunken driving.”

As a reminder, Ohio law bans all electronic wireless communication device usage for drivers under 18. Texting while driving is illegal for all drivers and is a secondary offense for adults 18 and above.

If you find yourself facing charges or if you’ve been in an accident, contact us immediately.

Is Underage Drinking on the Rise?

Alcohol sales are dramatically increasing and The Wall Street Journal reported alcohol sales at liquor and grocery stores are up 22%.

We have stopped counting how many days, weeks, and months we have been inside our homes and with Governor Dewine’s mandate that all bars end alcohol service by 10pm, more people are bringing the party into their house.

What does this mean as your children return to college campuses? If you have underage teenagers that are heading back to school, it is important to explain these new legal mandates as well as social distancing orders in place.

Police now look for underage drinking as well as large parties that violate the ban on large social gatherings.

If you or your teen are facing charges, we are here to fight for you to give you and your family the best possible outcome.

Our offices are open 24/7 so contact us immediately.

Celebrate Labor Day Without a DUI

There may be less cars traveling but the police presence remains strong.

If you are attending a Labor Day party, it is imperative to drive sober. Your young drivers may also be excited to finally be able to leave the house to see friends again, and having an honest conversation about the damages DUI charges can hold is vital.

Even a short drive down the street can lead to an arrest with probable cause, so avoid any risks and tell everyone in your household to avoid all drugs and alcohol before getting behind the wheel.

If you or your of-age (or under-age) child is facing charges, contact us immediately to work to give you the best possible outcome.

Drugged Driving Arrests Increasing

Drinking and driving is a known offense but the Ohio State Highway Patrol is also cracking down on drugged driving.

According to The Ohio State Highway Patrol, “there were 3,915 drugged driving crashes in Ohio during 2019. Of the 1,041 fatal crashes, 35 percent had at least one driver or pedestrian test positive for an illegal or prescription drugs.”

Whether you have had a few drinks or used prescription drugs that can impair your driving and reflexes, it is vital to avoid driving at all costs.

One arrest or worse, a fatal accident, can be life-changing and troopers are out and ready to make arrests.

Stay safe and stay home but if you do find yourself facing charges, contact us immediately.

July 4th Brings Fireworks and DUIs

The bars are open and so are the roads, making Independence Day weekend a dangerous combination.

It’s officially summer and after months cooped up in the house, we can finally escape the confines of our homes to celebrate with family and friends.

But before you get too excited to get behind that wheel again, don’t forget there will be extra eyes looking for any hint of impairment.

This big holiday weekend statistically brings above average DUI arrests and fatal traffic accidents.

The Ohio State Highway Patrol reported “eight people lost their lives in four traffic crashes during the July Fourth reporting period. Impairment was determined to be a factor in at least one of those crashes.”

We advise designating a sober driver and also having an honest conversation with your teenagers and college kids who are home and ready to party.

If you find yourself facing charges, our office is open 24/7 even on holiday weekends and we are ready to work to give you the best possible outcome.

Is Underage Drinking Increasing?

With schools and colleges closed for the rest of the academic year, teens are now all back home and may want to continue those college parties.

Recently Fox 8 reported police being called to a house party with underage drinking right in Rocky River.

A concerned citizen called police out of concern for the social distancing order and when they arrived on the scene Rocky River police found many underage college students along with open alcohol containers.

Under these new restrictions parents are facing even more challenges, and ensuring no underage drinking or drinking under the influence occurs is vital.

If you find yourself facing charges for supplying alcohol to minors, or if your teen is arrested for underage drinking, we are available 24/7 and will work to give you the best possible outcome.

What To Know Before Your Teen Goes on Spring Break

Spring Break trips are coming and whether your child is 21 or 18, it’s important they stay safe and avoid legal trouble.

Many teens are excited to get a break from school and celebrate with their friends. If you have an underage teen, spring break is not the time for them to start experimenting with alcohol.

Whether it’s Florida, Ohio or Mexico, making safe choices is vital to their future. Police will be on full alert looking for underage drinkers, those supplying alcohol to underage drinkers, driving while intoxicated and even public intoxication.

If this is the first spring break for you and your family, we suggest having a family meeting to discuss important practices while out with their friends and options of who to contact in case of an emergency.

Being prepared before the trip will ensure the safest possible outcomes.

And if you do find yourself facing charges, our office is open 24/7 so we are ready to help.

Mardi Gras is Coming

Known for all-day drinking and late night celebrations, don’t let ‘Fat Tuesday’ be the day you face DUI charges.

We might not be in New Orleans but that doesn’t mean Clevelanders won’t be drinking on February 25.

We strongly urge to everyone celebrating to avoid drinking and driving.

Police will be out on the streets and in the bars so explain to your underage drinkers that just because they aren’t getting behind a wheel doesn’t mean they can’t face charges for underage drinking.

Our offices will be open all day and all night so if you do find yourself under arrest, contact us immediately.

Everything You Need for the St. Patty's Day Parade

The Cleveland St. Patrick’s Day parade will be here on March 17 and so will half a million people ready to celebrate!

No stranger to celebrating the day of the Irish, Cleveland has made headlines for their renowned St. Patrick’s Day parade.

Marking its 153 year, Cleveland is proud to host Ohio’s oldest St. Patty’s Day parade. This year the parade’s theme is Ireland's Scenic Coastlines and is set to begin at 1:04 p.m.

It’s no secret Cleveland has the best (and biggest!) parade in Ohio and you can believe the police will be out in full force. Whether guarding the parade route, directing traffic or patrolling streets, you are sure to see police everywhere.

And their presence will not end at the parade. DUI checkpoints will be surrounding the entire area and even on highways to ensure drunk drivers are not posing a dangerous threat.

With parking at a maximum, we suggest finding a ride on the RTA or Uber there and back to avoid driving completely.

If the day of the Irish takes a dark turn and you are facing charges, let us protect your rights and call us right away.

What's an ALS Appeal in a DUI Case?

When a driver is pulled over for a traffic offense, and when that driver is also subsequently arrested for a DUI offense, the officer will most often take that person to a police station to do what is called "blow" into the blood alcohol content ("BAC") machine.

If that arrested person tests over the legal limit (.08 BAC for a person over the age of 21 and .04 for a person under the age of 21), or if that person refuses to take the test, then that person's driver's license will be suspended pursuant to what is called an "Administrative License Suspension" (an "ALS").

Although the police officer does all of the work, this ASL suspension is technically issued by the Ohio Bureau of Motor Vehicles (the "BMV") based upon the actions and investigation of the arresting officer.

The ALS goes into effect the very moment that the arrested person tests over the legal limit or refuses the test.

If the arrested person wants to challenge the ALS, he or she can file what is called an "ALS Appeal." This ALS Appeal is filed and litigated in the very court that is presiding over the DUI charge.

Most Courts give the ALS Appeal its own separate case number, and assign all of the proceedings associated with the ALS Appeal on the same dates that are set with the DUI charge. The hearing must be scheduled within 5 days, although as a practical matter the hearing is usually set more than 15 days after the filing of the appeal.

The local prosecutor assigned to the DUI charge is assigned to represent the BMV on the ALS Appeal.

In the ALS Appeal hearing, the prosecutor will have to prove the following things to the satisfaction of the judge: (1) whether the arrest was made with probable cause, (2) whether the BAC test was properly requested, (3) whether the defendant was made aware of consequences of refusal or failure, and (4) whether the defendant refused or tested over the limit.

As a practical matter, most times the prosecutor will be able to prove these things - but sometimes, with an experienced DUI defense lawyer, they will have some difficulty. If there is some difficulty, the prosecutor and the defense lawyer will often attempt to work out a deal on the ALS issue or a plea on the case as a whole. It should be noted that even if a skilled defense lawyer succeeds in getting the ALS terminated, the trial court presiding over the DUI case can "replace" the ALS with a regular DUI pretrial suspension.

The ALS Appeal is similar to another DUI pretrial proceeding called a "Motion to Suppress." The two motions and the proceedings sometimes address a number or the same issues. However, the motion to suppress covers many more issues than an ALS Appeal, and if the Court grants any portions of a motion to suppress, much, if not almost all, of the prosecutor's DUI case is thrown out before trial.

Upcoming articles will discuss the issues and proceedings associated with a motion to suppress.

December is National Drunk and Drugged Driving Prevention Month

Filled with holiday parties and celebrations, it’s no surprise attention is brought to the fight against drunk driving this month.

According to the National Safety Council, “over 40,000 people died in alcohol-related traffic accidents last year, and more than 45 people are killed each day by an alcohol-impaired driver and those numbers climb at the end of the year.”

We understand you want to enjoy this season. but avoiding jail and serious injury are also important.

If driving sober is not an option, make sure you plan ahead to secure a sober driver to avoid getting behind the wheel at all costs.

When faced with a drunk or drugged driving charge, contact us immediately. Our offices never close, even on holidays and we have the experience to secure the best possible outcome for you.

What You Need to Know Before Going Out for New Year's Eve

Last year during the New Year's holiday there were six deadly crashes across the state and Ohio State Troopers say they have a zero tolerance policy.

Common for celebrating the start of a new year, parties are everywhere and so are the police.

It’s important to talk through the ramifications of drinking to your teens as well. If they are of legal drinking age, they should avoid driving completely and serving any of their underage friends.

No one wants to ring in 2020 behind bars, so find a designated driver and avoid parties where minors could be served.

Talk with everyone in your house about the dangers of New Year’s Eve on the road and call us if anyone in your family is facing DUI or drug charges. We have the experience you need.