Increase in traffic deaths prompts new road-side messages
Ohio has recently started an initiative focusing on safer driving with the creation and placement of 130 permanent signs to spread traffic safety messages such as “Drive Sober” or “Get Pulled Over.”
Ohio has recently started an initiative focusing on safer driving with the creation and placement of 130 permanent signs to spread traffic safety messages such as “Drive Sober” or “Get Pulled Over.”
The prompting came from an increase in traffic deaths which totalled 487 this year, 19% higher than in 2014.
The Ohio State Highway Patrol and the Ohio Department of Transportation have joined forces on this initiative, which utilizes ODOT digital message boards to rotate between two messages: the year-to-date number of traffic deaths of 2015 and a traffic safety message such as Drive Sober or Get Pulled Over.
It is no secret that driving while impaired significantly increases the risk of an accident for the driver, and for others on the road. During this past May, fatal crashes involving alcohol tripled, making the month of May the worst number of traffic deaths in a decade.
The message boards were posted before the July Fourth weekend, with the goal of spreading awareness and caution to any traveler considering drinking and driving. Last year, the Ohio State Highway Patrol made over 760 OVI arrests just in the four days surrounding July 4th.
July 4th Brings Fireworks and Risks of Personal Injury
On average, 230 people go to the emergency room every day during the month of July from fireworks injuries.
On average, 230 people go to the emergency room every day during the month of July from fireworks injuries.
Westlake recently suffered a significant set back during their fireworks display at Liberty Fest, in which fireworks bounced off the roof of a Crocker Park building and injured nine people attending the public display. Westlake Mayor Dennis Clough, who attended the celebration, said the injuries were mostly ember burns and bruises.
While the cause was believed to be a product defect, a personal injury lawsuit could be filed if the company, American Fireworks, was found to be negligent. There are two areas of liability to examine when looking at fireworks claims and lawsuits. One is products liability and the other is the liability on the part of the person who ignited the fireworks.
The Consumer Product Safety Commission reported that last year, more than 10,000 people were injured in fireworks-related incidents. It is always wise to understand the risks involved when personally igniting, or watching a public fireworks display.
Spending patterns in a spouse may indicate they are preparing for divorce
Monitoring how your spouse spends money may be able to tell you if they are preparing to file for divorce.
Monitoring how your spouse spends money may be able to tell you if they are preparing to file for divorce.
TIME magazine recently identified 11 changes in a spouse’s spending behavior that may imply the spouse is seeking a divorce. Based on the article, these financial changes occurring during a marriage can indicate an impending divorce.
Argues about money.
Seems to be hiding money.
Has no explanation for why money is missing.
Has stopped direct deposits to your joint bank account.
Puts you on a budget and demands an accounting of all of your spending.
Makes large cash withdrawals.
Pays for his/her own credit card bills — or has his/her mail sent to the office.
Goes on more business trips than usual and has greater travel and entertainment expenses.
Blindsides you with gifts and trips.
Reduces contributions to savings or retirement. Excess cash is now spent or saved somewhere else.
Takes out loans because it is a “smart” financial decision during times of low interest rates.
These are based on changes in the way a spouse manages money, and suggests monitoring spending patterns to know in advance if a marriage is headed for divorce.
What is “reasonable suspicion” and how can it affect a DUI case?
Many drivers are not aware that a police officer must have “reasonable suspicion” in order to pull over a vehicle.
Many drivers are not aware that a police officer must have “reasonable suspicion” in order to pull over a vehicle.
After being stopped for impaired driving, a police officer must then have “reasonable suspicion” that the driver is intoxicated in order to perform a field sobriety test. Without this “reasonable suspicion”, it is illegal for an officer to pull over a vehicle and to make an arrest.
A few examples of “reasonable suspicion” include: straddling the center line, an illegal turn, drifting from one lane to another, frequent braking and erratic driving. It is also important to understand that a DUI arrest can occur even when a driver is stopped for a completely different offense. For instance, a broken brake light would constitute sufficient grounds for a traffic stop. Once the officer suspects the driver is impaired, the field sobriety test is then administered.
It is essential to know what constitutes a legal traffic stop. Many times, even if a driver is in fact intoxicated, a DUI case could be dismissed if the officer did not have “reasonable suspicion” for the stop.
Lead poisoning exposure early in life increases risk for criminal activity
Recent studies show that children who suffer from lead poisoning may also be more likely to engage in criminal activity as adults.
It is understood that lead poisoning poses great risks and can have life-long effects on children, but recent studies show that children who suffer from lead poisoning may also be more likely to engage in criminal activity as adults.
In a study by the University of Cincinnati, researchers found that, “lead sowed the seeds of their future," said Kim Dietrich, a neuropsychologist who has been following the group of nearly 300 people since they were born in the late 1970s. "It isn't conducive to behavior we associate with normal development, making smart decisions and success."
Featured in the Chicago Tribune, the study noted, “For those who had been exposed to lead as toddlers, even in small amounts, the MRI scans revealed changes that were subtle, permanent and devastating. The toxic metal had robbed them of gray matter in the parts of the brain that enable people to pay attention, regulate emotions and control impulses.”
Last month, a Tribune investigation found lead hazards in the same areas known for having high crime rates in Chicago. The importance of lead testing and prevention is not only beneficial and necessary for the health of the residents living in those areas, but also essential to prevent future crime rates from increasing in the neighborhoods.
Spousal Support Win
A mother of two children who was only married for three years had success in getting some spousal support.
She was trying to get on her feet by going back to school and working part-time. She knew she did not need it forever or for any significant time, and we obtained this spousal support in addition to the child support her ex-husband would have to pay.
DUI Reduction Case
Our client who had been accused of a DUI recently received a reduction.
At our request, once the prosecutor looked at the video of the client performing the field sobriety tests, they agreed with us that the client did well enough on the video.
What really helped here was our clear understanding of how field sobriety tests are to be administered and how one must perform on them. This is a very happy client, as he could have lost his job with a DUI conviction.
Victory for Client
We recently received a not guilty verdict for a client accused of the crime of failing to verify his address with the County Sheriff.
We were successful based upon a legal technicality known as identification. None of the witnesses called by the State of Ohio could say whether or not the man sitting at the table with me was the man who failed to verify his address.
None of these witnesses had in fact ever seen my client before, and they failed to bring any identification information with them.
The client was a now homeless man who had been residing at a homeless shelter for about a year and had been in the hospital for a number of months when the authorities claimed he should be verifying his address.
DUI Charges Come with Harsh Punishments in Ohio
Ohio is known for having some of the strictest drunk driving laws in the country, primarily due to the administrative license suspension (ALS) law.
Licenses are revoked immediately for first-time and repeat drunk drivers.
Ohio is known for having some of the strictest drunk driving laws in the country, primarily due to the administrative license suspension (ALS) law.
Upheld by the Ohio Supreme Court in 1996, ALS states that any motorist who refuses to take a sobriety test, or who exceeds the legal limit, will lose their license immediately. While research shows that first-time drunk drivers tend to be nearly as impaired as repeat drunk drivers (with blood alcohol levels of 0.16%, compared with 0.18%), punishment for repeat drunk driving offenders are much firmer.
Additional laws passed in 1996 and in 2000 were enacted with the goal of minimizing repeat drunk driving offenses. Depending on previous offenses, a motorist can lose their license from 90 days to five years, and face fines between $200-$10,000 with the potential of jail time from three days to several years.
A 47-year-old Beaver Dam woman was recently sentenced to prison for 54 months for committing her sixth offense of operating a motor vehicle while intoxicated. Whether you are faced with your first DUI arrest or your third, the importance of having an experienced attorney cannot be overstated.
Does Living Together Before Marriage Increase Your Chances for Divorce?
Many people believe living together is a good test to see if a marriage will work, but a study found it may actually increase the likelihood of a divorce.
Many people believe living together is a good test to see if a marriage will work, but a study found it may actually increase the likelihood of a divorce.
This study was conducted by the Center for Family and Demographic Research at Bowling Green State University, and found that cohabitation before marriage often causes married couples to separate.
Looking at a variety of factors such as age, race and educational backgrounds, couples who did not attend college and who lived together before marriage were the most likely to divorce within five years, whereas couples with a college degree had a 34% chance of divorcing after five years.
There has also been a significant increase in couples who are choosing to live together before getting married. In the last 25 years, the number of couples cohabitating has almost doubled.
“We thought maybe the number had plateaued,” said Wendy D. Manning, co-director of the National Center for Family and Marriage, “but it continues to rise. Now about two-thirds have ever cohabited. That’s really striking.”
Recent Settlement by Fairview Park Schools Demonstrates Importance of Contract
Many businesses may not realize the necessity of a contract when making hiring decisions, and the impact it can have on a company.
Many businesses may not realize the necessity of a contract when making hiring decisions, and the impact it can have on a company.
A recent settlement from the Fairview Park school board highlights the significance of this area of the law, demonstrating situations that can commonly arise when the hiring body and an employee disagree.
In this six-figure settlement, the man hired to become Fairview Parks’ district superintendent contested the board’s rescinding of his job offer. Geoffrey Andrews received $150,000 as a settlement over the contract dispute he had with the Fairview Park school board. Even though Andrews had never worked one day for the district, based on the contract both parties had previously agreed to, he was still entitled to receive over six-figures.
This example of a hefty settlement serves as a vital lesson for any business, small or large, and the necessity of an experienced contracts attorney.
Using old toys may cause risk of lead poisoning exposure
Young children are at the highest risk for lead poisoning, but linking vintage toys to this threat is a new one.
“High levels of lead in used toys may be of concern to many parents as day cares and other centers may be using vintage toys.”
A study found lead, cadmium and even arsenic in an alarmingly high number of plastic toys made in the 1970s and 1980s.
One in four toys contained more than 10 times current safety limits for lead; a third of non-vinyl toys violated standards for both lead and cadmium; and a fifth contained arsenic.
Researchers from St. Ambrose University conducted this study and noted, "The developing brains and bodies of infants and young children are especially vulnerable to toxic exposures because they absorb and retain lead more efficiently than adults."
While many may find it to be cost effective and even beneficial to use old toys passed down through the generations, doing this can potentially increase your child’s risk of lead poisoning.
Is there a reliable way to measure your blood alcohol content?
10,076 people died in crashes involving an alcohol-impaired driver in 2013. This poses the question, is there a practical way that a driver can measure their own blood alcohol levels before getting behind the wheel?
Driving with a blood-alcohol content of 0.08 percent or higher is against the law.
According to the National Highway Traffic Safety Administration, 10,076 people died in crashes involving an alcohol-impaired driver in 2013. This poses the question, is there a practical way that a driver can measure their own blood alcohol levels before getting behind the wheel? With such a device, not only could one avoid a DUI, but they could also ensure safe road conditions.
Bactrack promises drivers a practical and accurate method of measuring blood alcohol levels
The Philadelphia Daily News recently featured a personal breathalyzer called BACtrack.
States Keith Nothacker, creator of BACtrack, “Would you drive a car that doesn’t have a speedometer? That’s the level of disadvantage we all used to have, that first got me working on this product. Truthfully, there isn’t a day when you shouldn’t be drinking and acting responsibly.”
If this product proves to be effective, the results from people using it could be dramatic. As Linda Sposato, a victim services specialist for Mothers Against Drunk Driving states, “DUIs and DUI crashes are one hundred percent preventable. We don’t need to go out and find a cure. We just need people to be responsible.”
What every business owner needs to know about premises liability
Many are familiar with personal injuries, but the term premises liability remains a mystery. A recent article in Forbes details circumstances that could lead to a premises liability lawsuit, and the steps to take to avoid one.
What is premises liability and why is it important to every business owner?
Many are familiar with personal injuries, but the term premises liability remains a mystery. A recent article in Forbes details circumstances that could lead to a premises liability lawsuit, and the steps to take to avoid one.
Even as a renter, your business is liable and the burden will not fall solely on the landlord in a lawsuit. The importance of protecting your workplace and your business from a potential lawsuit is essential. “If an unsafe condition is discovered (or even suspected), it must be corrected immediately.
Neither you nor your employees should assume that someone else will clean up the spill, flatten the entryway mat, or clear ice and snow off the walkway. Establish clear policies and procedures so your employees know what to do when it comes to dangerous conditions.”
As an employee, you are also entitled to a safe working environment. Just as it is essential for a business owner to know their rights and the laws surrounding their business, it is also vital for an employee to understand that laws have been established and are in place to keep them safe in their workplace.
Do 50% of marriages end in divorce?
There are many popular beliefs about the chances of a marriage lasting or heading toward divorce. The most widely believed statistic is that one in two marriages end in divorce.
There are many popular beliefs about the chances of a marriage lasting or heading toward divorce. The most widely believed statistic is that one in two marriages end in divorce.
In the state of Ohio alone, nine out of 1,000 marriages end in divorce each year
According to a web site created by the State of Ohio, nine out of 1,000 marriages end in divorce each year In the state of Ohio alone. Based on reports from the CDC, both divorce rates and marriage rates are decreasing, and information implies that a 50% divorce rate is an inaccurate statistic.
A state by state comparison identified which states are the easiest and the most difficult to obtain a divorce. Looking at a combination of factors such as how long spouses must be residents in the state, the cost of filing fees, the waiting period to file, and the separation requirement before a divorce can be filed, Ohio secured a score of 45, making it not the easiest (Alaska with 100 points), but also not the most difficult state (Arkansas with 20 points) to get a divorce.
Shape magazine recently published an article that identified common myths surrounding marriage and divorce; for example, if you marry when you are young, does this increase your chances of getting a divorce? Does living together before marriage shorten your time as husband and wife? The findings rebuke several misconceptions surrounding marriage and divorce.
If you ever have questions about your rights and responsibilities with a divorce, support or custody issue, call us at 800-529-1966 to set up an initial free consultation.
Lead poisoning poses the greatest threat to children
At least four million households have children that are being exposed to high levels of lead,
At least four million households have children that are being exposed to high levels of lead.
The number one environmental health risk to kids is found in their home.
At least four million households have children that are being exposed to high levels of lead, states Dr. Wornie Reed, Director of the Race and Social Policy Research Center.
Approximately half a million children ages one to five living in the United States have blood levels above what the CDC considers to be safe. While lead poisoning is completely preventable if proper steps are taken, once it is diagnosed it is incurable.
Most homes built before 1978 have some lead-based paint in them. Often that paint is covered with layers of newer paint. But if paint is peeling, chipping or cracking, it's a significant health threat.
Young children are at an increased risk of exposure as they can ingest the poison while crawling on floors contaminated by paint dust, and often put their hands in their mouths.
The Environmental Protection Agency warns that particles the size of two grains of sugar per day, ingested over a month, can cause impairment.
While it is the most preventable environmental disease facing young children in the United States, the risks associated with lead poisoning cannot be understated. It is essential for parents to obtain legal counsel to provide assistance for these permanent injuries.
If you know of a child that has been the victim of lead poisoning, please call us immediately at 800-529-1966. We have handled many lead poisoning cases and have lead the charge in Ohio for the last 20 years in lead poisoning cases.
Arrested for a DUI while sitting in a parked car
Many assume that a person must be driving a moving vehicle in order to be arrested. However, there are cases where a person is charged with a DUI even when the arresting officer did not witness the person driving.
Arresting officers do not always need to observe driving in order to issue a dui charge
Many assume that a person must be driving a moving vehicle in order to be arrested. However, there are cases where a person is charged with a DUI even when the arresting officer did not witness the person driving.
Take for example, the case of State v. Robinson, 2001-Ohio-1394. “Upon arrival, the Deputy found the Defendant in a vehicle that was pulled into a parking space in an apartment parking lot. The officers did not observe any driving by the Defendant.”
In this case, the defendant was involved in a single-car accident, admitted to consuming alcohol, failed the field sobriety test and told the officers that she needed to pick up her child at daycare.
While the arresting officers did not observe any driving of the vehicle, the arrest and DUI charges ensued.
Falling asleep in the drivers seat, sitting in a parked car, pulling over to the side of the road, and even changing a tire are all examples of various situations that could potentially lead to a DUI arrest. In each of these instances, the arresting officer determines that the driver had in fact operated the vehicle, or had every intention of driving the car.
If you ever have a question about your rights and obligations in a DUi case, call our 24/7 hotline at 800-529-1966.
Celebrate St. Patty’s Day With Caution
Festivities downtown and beyond are sure to bring good cheer to all, but be aware of reckless drivers and take care to avoid any drunk driving situations.
St. Patrick's Day in Cleveland holds many time-honored traditions for the faithful Irish and locals.
Festivities downtown and beyond are sure to bring good cheer to all, but be aware of reckless drivers and take care to avoid any drunk driving situations.
- Uber: A great way to arrange a car ride to the parade, and by using the code JACKPOT, your first Uber ride up to $25 is free.
- RTA: This is the Greater Cleveland Regional Transit Authority’s busiest day of the year, so the RTA makes many accommodations for this day and offers an easy way to plan your route.
- Westlake Cab: Services are available 24/7.
Enjoy the St. Patty’s Day Parade Safely
Ohio’s oldest parade, Cleveland’s St. Patrick’s Day Parade typically hosts over 300,000 attendants. Many are already planning to join this year’s festivities on Thursday, March 17. The parade boasts over 10,000 people participating in the parade route.
Such a large-scale event comes an increased police presence, and an increased risk for a DUI arrest. A combination of DUI checkpoints and saturation patrols will be actively seeking drivers who are impaired. Elyria police are increasing drunken-driving enforcement for St. Patrick's Day as a result of receiving a federal grant. Last year, the Cuyahoga County DUI Taskforce joined forces to ensure safe driving.
If you are not attending St. Patrick's Day festivities, be aware of recklessness on the roads. For more advice on DUI laws, contact Lipson O'Shea Legal Group.
Take the RTA, Uber or a cab if you plan on participating in St. Patty's Day celebrations
“We see all too many DUI cases as a result of St. Patrick’s Day revelry. Please, don’t drink and drive. ”
What is a "dram shop" lawsuit, and what is involved?
In the past, we have successfully maintained suits against liquor establishments for selling/furnishing alcohol to a noticeably intoxicated person - who, after leaving the establishment (or while still on the premises), caused injury to others. This often happens in DUI related auto accidents (sometimes it applies to bar fight cases too). When there is insufficient auto insurance to cover the auto accident injuries (be it the insurance of the drink driver or the "under" insurance of the injured person), lawyers are required to see of the person or establishment serving the DUI driver furnished alcohol to that driver when that driver (while at the establishment) was noticeably intoxicated. This is not an easy thing to do (although, with lots of work, we have been able to do so). An Ohio statute covers the law in this area. A recent case out of Franklin County explains the legalities and complexities of these types of cases. In Piras v. Screamin Willie's, 2015-Ohio-255, the Court of Appeals in Franklin County discussed how a bar/restaurant can be held liable for injuries caused by a patron who was served alcohol despite the fact that the patron was "noticeably intoxicated." The Court held:
- “For a claim to arise under R.C. 4399.18, noticeable intoxication must be evident at the time of service….[the defendant's] obvious intoxication at the accident scene and hospital does not provide, absent additional evidence, that he was noticeably intoxicated hours earlier when he placed orders at the bar.”
We have, in the past had to hunt down cash register receipts and interview other bar/restaurant patrons to finally discover how intoxicated the defendant was while the defendant was still on the premises of the bar/restaurant. Magnum PI results matter here.
Be careful out there. Don't hesitate to tell the bar/restaurant manager that a patron has had too much.
DUI protections for our clients
DUI cases are complicated.
The economic impact on a client can be huge (i.e. fines, attorney fees, loss of employment and insurance costs, etc). Further, some clients have huge issues with their employment if they are even accused of a DUI offense.
Recently, we had to assist two clients with a number of these important legal and economic issues. The first was a husband and father who had never been in trouble in his life. One night, in a moment of very bad judgment, he decided to drive home from a party where he had been drinking very heavily. On his way home, he lost control of his car, and went into a ditch.
Before his car left the road, he hit a mailbox - which flew through the air and hit an elderly man in the leg (taking out his garbage), breaking the leg of the elderly man. Because of how the law worked, this husband/father (and owner of a small family business which supported the family and others) was facing a minimum of one year in prison.
However, because of some issues we were able to locate in the arrest procedure, we were able to negotiate a much lower sentence, and the client did not have to report for that sentence until after the holidays. This way, he can ready his family and his family's business for the time he will have to spend in jail. This was huge to the client and his family.
The second was a woman who is in the last months of her nursing degree. She is currently employed as a RN-in-training (big hospital), and the OVI arrest has frightened her about her RN employment possibilities. Due to some issues we were able to locate in connection with the arrest, she was offered a plea to a reckless operation - a huge reduction for her.
This will look much better on her driving record - and should provide her with a significantly strong explanation to any current or prospective employer about what happened on one, out-of-the-ordinary, night.
As we stated above, it is important to look at all of the personal and economic impacts a DUI arrest has on a client. Its not always just about the law and the police report.