OVI - Equestrian Style

According to a Huffington Post report, police in Polk County, Florida, recently arrested a woman, Donna Byrne, for driving under the influence and animal cruelty for riding a horse while being intoxicated at twice the legal limit. (https://www.huffingtonpost.com/entry/dui-horse-woman-florida-donna-byrne_us_59fda7d6e4b0baea2631f45b?section=us_crime) What would happen if this occurred in Ohio?

Ohio Revised Code 4511.19 prohibits the operation of "any vehicle, streetcar, or trackless trolley" if the person is under the influence of alcohol, a drug of abuse, or a combination of them. The question here is, what constitutes a vehicle? The Ohio Revised Code defines "vehicle" as:

every device, including a motorized bicycle, in, upon, or by which any person or property may be transported or drawn upon a highway, except that "vehicle" does not include any motorized wheelchair, any electric personal assistive mobility device, any personal delivery device as defined in section 4511.513 of the Revised Code, any device that is moved by power collected from overhead electric trolley wires or that is used exclusively upon stationary rails or tracks, or any device, other than a bicycle, that is moved by human power. 

There is no argument that an operational car qualifies as a vehicle. But what else qualifies as a vehicle? In State v. Prater, 2008-Ohio-966, the court upheld an OVI conviction of operating a bicycle while intoxicated. In 2009, a Licking County man pleaded guilty to OVI for operating a motorized bar stool (http://www.cnn.com/2009/CRIME/03/31/barstool.dui/index.html). But what about a horse like the case in Florida?

The Portsmouth Municipal Court had the opportunity to determine whether a horse constitutes a vehicle. In 1996 Brian Euton was charged with OVI for riding his horse on the roadway and Mr. Euton was allegedly impaired. Mr. Euton, while on his horse, and another vehicle were involved in an accident. Mr. Euton's attorney filed a Motion to Dismiss challenging whether or not a horse constitutes a vehicle. The court determined that "an individual riding a horse while under the influence of alcohol does not violate R.C. 4511.19" and ordered the case dismissed. State v. Euton, 77 Ohio Misc.2d 19, 665 N.E.2d 775, 776 (M.C.1996).

But be careful - while riding a horse while intoxicated may not violate Ohio's OVI statute, if the horse is pulling a buggy, the buggy is classified as a vehicle and an impaired driver of the horse and buggy could be charged with OVI.

If you or someone you know has been charged with OVI, call The Nicodemus Law Office at 740-422-9280 to protect your rights.

20,000 Convicted Drug Offenders' Cases Will Get Thrown Out

On every drug case that I represent someone, I file a motion to compel the testimony of the lab analyst performing tests (Ohio law presumes the validity of the test by the analyst via affidavit). I know that, if the lab analyst is less than honest, it is not likely to come out at a single hearing because the analyst has a vested interest to protect their work. But I also believe with enough hearings, by enough attorneys, with the same analyst, if the analyst's work is suspect, it will eventually be discovered. It happened not that long ago here in Ohio with analyst on OVI cases.

That said, the analysts I've spoken to, both in and out of court, do value the integrity of their work and would admit (and have) mistakes that potentially compromised the results. But I still file the motions.

20,000 Convicted Drug Offenders’ Cases Will Get Thrown Out
 

.05 Limit?!

Most people know the .08 limit for OVI thanks to effective public service announcements. But in Utah, that limit has been lowered to .05. Will a lower limit lead to reduced OVI accidents and fatalities or just an increase in arrests? Will other states move to adopt a lower limit? We'll have to wait and see.

For now, in Ohio, the limit remains at .08. However, you can still be arrested for OVI for impaired driving without a breath test. Most people don't realize that until it's too late. No matter the legal limit, if an officer believes you are driving impaired, you will be arrested for OVI.

If you or someone you know has been arrested for OVI, call The Nicodemus Law Office, LPA, at 740-422-9280 or complete the CONTACT FORM to protect your rights.

Utah Adopts Nation’s Strictest Drunk Driving Law

Crimes of Violence - Overview

Crimes of violence can range from lower-level misdemeanors to serious felonies. Unlike other crimes, crimes of violence necessarily involve third parties and that party's desires factor heavily into the State's prosecution of the case. The more harm to the other party, the more the State is likely to seek maximum penalties.

Domestic violence and awareness of domestic violence receives immense media coverage and public awareness. Domestic violence and its elimination has become a priority for legislatures and law enforcement. An allegation of domestic violence can stigmatize a person, let alone being charged with or convicted of domestic violence. Defending yourself against domestic violence is not easy since the alleged crime usually occurs in isolation with no witnesses other than the accused and the alleged victim.

However, a vigorous defense is necessary as domestic violence is an enhanceable crime. What does it mean that domestic violence is an enhanceable crime? It means that once convicted of domestic violence the level of offense of any future allegations of domestic violence could be escalated. A brief example will illustrate the severity of an escalation.

Domestic violence - knowingly causing or attempting to cause physical harm to a family or household member - is a first degree misdemeanor for a first offense, punishable by up to a $1,000 fine and one-hundred eighty (180) days in jail. Suppose a person, with no prior criminal history, is charged and convicted of making domestic violence threats, a fourth degree misdemeanor punishable by a fine and up to thirty (30) days in jail. If that person is later accused of domestic violence he or she could not be charged with a first degree misdemeanor but could be charged with a fourth degree felony. Additionally, if convicted of a felony domestic violence charge, the person could face a mandatory prison term.

The Nicodemus Law Office has successfully represented persons charged with crimes of violence, including felony domestic violence. If you have been charged with or investigated in connection with a crime of violence, contact the Nicodemus Law Office at 740-422-9280 or complete the CONTACT FORM to schedule your appointment and protect your rights.

Drug Offenses - Overview

Drug offenses can range from a minor misdemeanor possession charge to felony charges for possession, cultivation, trafficking, etc. All drug convictions, including minor misdemeanor convictions, can have serious consequences. For instance, a person convicted of illegal use or possession of marijuana drug paraphernalia, a minor misdemeanor usually only punishable by a maximum fine of $150, may also receive a driver's license suspension of at least six (6) months and not more than five (5) years. If the person convicted is a student, he or she may lose federal student financial aid and if the person is professionally licensed the conviction entry will be sent to the proper licensing and disciplinary board.

Drug related charges often force a person to acknowledge drug dependency issues. In some instances jail or prison time can be avoided through Intervention In Lieu of Conviction ("ILC"). ILC has certain statutory requirements, however, if those requirements are met and a person is granted ILC, he or she will have the opportunity to have the charges against him or her dismissed. Prior to entering ILC the person must enter a guilty plea to the indictment but the plea and sentencing is held in abeyance. The court will set ILC terms, similar to probation, but that will also often include treatment and counseling. If successfully completed the charges against the person will be dismissed; however, if an ILC term is violated, the court must terminate the ILC and proceed with sentencing on the previously entered guilty plea.

The Nicodemus Law Office has successfully argued for ILC and represented persons charged with drug related crimes. If you have been charged with a drug related crime or are being investigated in connection with a drug related crime, contact the Nicodemus Law Office at 740-422-9280 or complete the CONTACT FORM to schedule an appointment and protect your rights.

OVI Chemical Test Limits

In Ohio a person can be charged with different counts of OVI - one for an "impaired" driving arrest and at least one for an "over-the-limit" violation. Many people know the .08 limit for alcohol but few know that other controlled substances also have limits which, if detected in urine or blood, can lead to an OVI arrest. The "Over The Limit, Under Arrest" campaign limit refers to the chemical test charges and can include any of the substances identified in Ohio law that could impair driving abilities.

The current Ohio limits for substances in a person's breath, urine, or blood, are listed below. If you have taken, or refused, a breath or other chemical test to determine if you are legally impaired to drive, call the Nicodemus Law Office, LPA, at 740-422-9280 or complete the CONTACT FORM to schedule your consultation.

ALCOHOL
Test Level	Breath	Urine	Whole Blood	Blood Serum/Plasma
Low Test	≥ .08% to < .17%	≥ .11% to < .238%	≥ .08% to < .17%	≥ .096% to < .204%
High Test	≥ .17%	≥ .238%	≥ .17%	≥ .204%

CONTROLLED SUBSTANCES
Substance	Urine	Whole Blood, Blood Serum, Plasma
Amphetamine	≥ 500ng	≥ 100ng
Cocaine	≥ 150ng	≥ 50ng
Cocaine Metabolite	≥ 150 ng	≥ 50ng
Heroin	≥ 2000ng	≥ 50ng
Heroin Metabolite	≥ 10ng	≥ 10ng
LSD	≥ 25ng	≥ 10ng
Marihuana	≥ 10ng	≥ 2ng
Marihuana & Under Influence	≥ 15ng	≥ 5ng
Marihuana Metabolite	≥ 35ng	≥ 50ng
Methamphetamine	≥ 500ng	≥ 100ng
Phencyclidine	≥ 25ng	≥ 10ng
Salvia	Pending	Pending

Updating Child Support

Ohio's child support laws severely need updated. Of the many issues with the current child support laws, it uses financial data from the 1980s to calculate current support obligations and there is no allocation, absent the judge's discretion, for the time children spend with each parent and how that should affect child support.

For instance, a parent could be ordered to pay the full child support amount despite the fact he/she has shared parenting and the child 50% of the time. The court is not required to give a deviation for the additional time. Think about it: a parent could have a monthly child support obligation of $1,000 - which is to help provide for the child while he/she is with the other parent - but that same parent has the child 2 weeks out of the month and is responsible for food, shelter, etc, during that time but still pays the other parent $250 per week while the child is not with that parent. This creates a financial incentive for one parent to agree to shared parenting and equal parenting time but not agree to a child support deviation - a judge would then have to determine a child support obligation and the judge is not required to deviation for the additional time with the paying parent.

Several years ago I had such a case - my client was ordered to pay the child support and there was no deviation granted for the additional parentign time my client had. We objected to the decision and the trial court then increased the child support obligation. We appealed the decision and ultimately lost. We lost not because the court agreed with the child support order or even thought it was appropriate, we lost because decades of precedent had established judicial discretion in determination whether or not to deviate child support and the judge did not abuse her discretion. Stare decisis was not my friend that day.

For the past couple of sessions, legislators have introduced bills to modernize the child support laws but they usually fail to gather any traction - sometime they don't even get a hearing. Admittedly, I have not read the complete bill being proposed but based on the summaries I have reviewed I am not convinced the current proposal will fix all of the problems with the current child support laws. But any modernization and update will surely be an improvement.

https://www.cincinnati.com/story/news/politics/2018/01/02/ohios-child-support-system-everyone-agrees-its-broken-but-fix-has-taken-25-years-and-counting/918782001/

The First One

If every journey starts with a first step, each blog starts with a first post - and this is mine. Over the years I had hoped I would write posts for my Facebook page but that did not happen on a regular basis. Will an "actual" blog be different - I hope so. I hope that by discussing general legal topics - opposed to actual client scenarios and victories - will mean that I will be more willing to post more.

So what will this first post focus on? I figure if you're going to read my posts, you should know a little about me and what I will post about.

I am a general practitioner attorney in practice since 2010. These days much of my practice is limited to Fairfield County, Ohio, though I do sometimes travel to surrounding counties. A large majority of my practice is focused on OVI and criminal defense, but family law such as divorce and child custody also constitutes a decent portion of my practice. But I do not limit my practice to just these areas. I also represent people and businesses in civil matters such as debt collection, contract disputes, landlord-tenant issues, business formation, real estate and zoning issues, and estate planning.

While I have a private practice, I am also employed as the Assistant City Attorney for the City of Whitehall, Ohio; Village Prosecutor for the Village of Thornville, Ohio; and Special Prosecutor for the City of Reynoldsburg, Ohio. As the ACA for Whitehall I oversee the prosecution of all cases filed in Whitehall Mayor's Court, provide legal advice to the police and fire departments, assist our prosecutors in Franklin County Municipal Court, advise the City's elected officials, and represent the City in civil matters, including environmental and nuisance property actions. As Prosecutor for Thornville, I prosecute all cases filed by the Thornville Police Department, in Mayor's Court and Perry County Court, and provide legal advice to the police department. As a Special Prosecutor for Reynoldsburg, I prosecute cases when the city prosecutors cannot prosecute a case, usually because there is a conflict between the City and a defendant.

Prior to starting my practice I worked as a Systems Developer-Engineer for The Ohio State University. Over an eight year career at OSU, I worked for two different departments developing and administering web-based applications and MSSQL and Oracle databases. While at OSU I was appointed to the University Staff Advisory Committee, and chaired the Governance Subcommittee, to provide advice and advocate for staff to the Office of the President. I also represented OSU on the Ohio Staff Council of Higher Education.

In 2015 I was elected Mayor of the Village of Baltimore, in Fairfield County, and began my term January 1, 2016. Baltimore is the largest village in the county with a population just under 3,000 people. We operate our own police department, water and wastewater treatment plants, pool, and maintain our own streets, parks, and water utilities through the work of dedicated employees. In 2016 I ran for State Representative for the 77th District but lost to the incumbent in the General Election.

Now that you know a little about me, it's time to start posting about topics that are of interest to me - and hopefully of interest to you or will help you in your day to day life. Thanks for reading!!