Judges & OVIs

Usually when you hear reports about judges and OVIs it is in the context of an unusual sentence or sentencing in a particularly egregious OVI. This week was anything but normal when the media covered judges and OVIs.

On Thursday - Valentines Day - in Fairfield County Municipal Court a Franklin County Domestic Relations judge was set for arraignment in her OVI arrest. It is a case I previously commented on because of the media coverage and nuances of OVIs and in particular the administration of Standardized Field Sobriety Tests to a person with an obvious head injury. I speculated and her attorney later confirmed that the judge did suffer from a concussion prior to her arrest. But this case had some other additional factors - a warrant for a blood test and a reported struggle with the judge to obtain the blood at the hospital, despite the issuance of the warrant.

The judge appeared with her attorney and of course the media was in court. But instead of entering a not guilty plea she entered a guilty plea to the OVI (the State dismissed the other charges include the obstruction of official business charge it had just filed as a result of the reported issues obtaining blood at the hospital). She received the minimum sentence required by law, was put on probation and granted driving privileges. The full video of her plea hearing is here: https://www.facebook.com/WSYXABC6/videos/775484582809567/.

But what about the concussion? Just because she entered a plea does not mean she did not suffer a concussion prior to the arrest. So why plea if she had a concussion? My best guess is that when the blood test results come back they would indicate an alcohol level above the prohibited concentration. I do not have any specific particularized knowledge of the case but based on what is publicly available I would likely made the same recommendation to a client in similar position - especially if I think the blood test results might indicate a "high test" or a concentration at least double the legal limit. In the end, she was convicted of OVI, was punished by the court similar to other first offense OVI offenders but she has the additional burden of the publicity because of her position.

But that was not the only judge in the Ohio news this week with OVI problems.

Shortly before the judge appeared in court, the news broke a story about a Portage County Common Pleas judge that had been arrested for OVI. Of course there was video. And the video is not good for the judge! Check it out four yourself: https://fox8.com/2019/02/13/video-northeast-ohio-judge-accused-of-drinking-and-driving/.

The Portage County judge refused Standardized Field Sobriety Tests and a breath test. Unlike the Franklin County judge she was not subjected to a blood draw authorized by warrant. But just like the Franklin County judge, she went into court at her arraignment and entered a plea of guilty.

Two important items these cases teach us and that we should remember: (1) judges are human too; and (2) everyone is better than their worst mistake.

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The Nicodemus Law Office, LPA
Phone: 740-422-9280
Website: www.nicodemuslaw.com
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Snow Emergency Follow-up

If I didn’t know better I would think the Dispatch was following me! Here’s the story about snow emergencies (and arrests) that posted January 24, 2019 - 3 days after I posted about snow emergencies. https://www.dispatch.com/news/20190124/who-sets-those-leves-for-snow-emergencies-and-does-anyone-ever-get-arrested
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The Nicodemus Law Office, LPA
Phone: 740-422-9280
Website: www.nicodemuslaw.com
Facebook: https://www.facebook.com/NicodemusLaw/
Twitter: https://twitter.com/Nicodemus_Law

You Can Be Arrested For Driving During a Level 3 Snow Emergency

The past two weekends have brought us plenty of snow and plenty of snow emergencies with some counties reaching Level 3. And every time the media starts reporting snow emergencies they dutifully recap the various levels and, when discussing Level 3 Snow Emergencies, always inform us that it is illegal to be on the roads during a Level 3 and drivers could be arrested. But is it true - could you really be arrested for driving home from work during a Level 3 snow emergency? Yes, you could.

Ohio Revised Code 311.07 and 311.08 give the county sheriff broad powers and duties, including the authority to declare a snow emergency and temporarily close roads. Ohio Attorney General Opinion 86-023 confirmed this authority for county and township roads. The question was later posed to the Attorney General whether the authority to close roads extended to state and municipal roads. Ohio Attorney General Opinion 97-015 concluded the authority to temporarily close roads extends to all roads within the county. Relying on Opinion 86-023, it was noted that "the sheriff is the chief law enforcement officer in the county, with jurisdiction coextensive with the county, including all municipalities and townships" and that "there is no reasonable basis for distinguishing between the different types of roads and streets that are located within the county." Plainly stated - the sheriff can close the roads in the county to preserve the peace and safety.

So, if you are driving during a Level 3 Snow Emergency - the roads are closed - what can you be charged with and will you be arrested? Most likely you will charged with "Misconduct at an Emergency" in violation of Ohio Revised Code 2917.13 (or a similar local ordinance). Revised Code 2917.13(A)(3) prohibits a person from knowing failing to obey a lawful order of a law enforcement officer at an emergency. "Misconduct at an Emergency" is a M4, which carries a potential maximum of 30 days in jail, unless the misconduct "creates a risk of physical harm to persons or property" and then a violation is a M1 with a potential maximum of 180 days in jail. With the potential of jail upon conviction, it is an arrestable offense.

In practice, officers have discretion and usually understand snow emergencies sometimes occur quickly, people are delayed in getting home, or may be deemed "essential" employees required to work even during emergencies. If you're driving during a Level 3 Snow Emergency and you're stopped by an officer, politely let him/her know why you are out driving. If you are running for a pizza or beer, you will likely get a ticket (or maybe arrested - but likely just a ticket to appear in court later) but if you have a good reason, you may get a warning.

No matter your reason for driving during a Level 3 Snow Emergency, if you are cited (or arrested) for "Misconduct at an Emergency" or any other charges for being on the roads, you need to protect your rights and consult counsel. Politely take your ticket, get home as quickly and safely as possible, and give us a call. 

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The Nicodemus Law Office, LPA
Phone: 740-422-9280
Website: www.nicodemuslaw.com
Facebook: https://www.facebook.com/NicodemusLaw/
Twitter: https://twitter.com/Nicodemus_Law

Another Motion to Dismiss for Delayed Prosecution

Nine months ago I posted about a client charged with escape in 2005 but not brought before the court and indicated on the charge until 2017. During those intervening years my client was incarcerated. That case was dismissed and you can read about it here.

In late 2018 I started representing a client charged with assault in 2014. A review of the court docket makes it appears as if my client simply absconded from the court. But nothing could be further from the truth.

On the date of the alleged assault, my client was not arrested. Law enforcement responded to an incident after the incident allegedly occurred. Officers took statements from the alleged victim and my client. My client was not arrested at that time.

Several days later the State filed an assault complaint against my client. The State attempted to serve a summons via mail to my client's last know address but service failed. My client did not appear for his arraignment and the court issued a warrant for his arrest. It wasn't until over four years later he was arrested on the warrant.

So what's the issue? On the same day the State filed the assault complaint, my client was incarcerated in another county. He was subsequently sentenced to two years incarceration. My client was in the State's custody for two years while they supposedly had an active warrant for his arrest and no one ever served it on him. To make matters worse - for the State - he was released from prison after serving his two years while there was an active warrant for his arrest on the assault charge without anyone notifying him of the pending case. The State absolutely failed to notify my client of the pending charges.

I recently filed a Motion to Dismiss the case against my client based upon the State's delay in prosecuting the case. I fully expect at the hearing on the motion the case will be dismissed as the State, no matter how hard it may try, can justify delaying execution of a warrant and prosecution of this matter when my client was in the State's custody for two years and then released him from prison with an active warrant.

I have yet to receive a date for the hearing - assuming the State even wants to proceed with one and doesn't just dismiss the case (as they should). I will update this post once a hearing is held and decision by the court has been issued.

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The Nicodemus Law Office, LPA
Phone: 740-422-9280
Website: www.nicodemuslaw.com
Facebook: https://www.facebook.com/NicodemusLaw/
Twitter: https://twitter.com/Nicodemus_Law

Misdemeanor or Felony - What's the difference?

What's the difference between a misdemeanor crime and felony crime? Depending on who you ask it could be the seriousness of the crime, what court can hear the case, or the potential penalties. I always use the potential penalties (and court jurisdiction) explanation - if incarcerated as part of the sentence upon conviction, a person can only serve local jail time for misdemeanors but incarceration for a felony is served in prison. Only the common pleas court can hear felony cases.

The potential maximum penalties for misdemeanors and felonies are:

Degree of Offense	Maximum Fine	Maximum Incarceration
Minor Misdemeanor (MM)	$150	None
Fourth Degree Misdemeanor (M4)	$250	30 days - local jail
Third Degree Misdemeanor (M3)	$500	60 days - local jail
Second Degree Misdemeanor (M2)	$750	90 days - local jail
First Degree Misdemeanor (M1)	$1,000	180 days - local jail
Fifth Degree Felony (F5)	$2,500	12 months - prison
Fourth Degree Felony (F4)	$5,000	18 months - prison
Third Degree Felony (F3)	$10,000	3 or 5 years - prison
Second Degree Felony (F2)	$15,000	8 years - prison
First Degree Felony (F1)	$20,000	11 years - prison

Some crimes, such as OVI, rape, and murder, have specified penalties outside the chart above. Other factors may also enhance the maximum penalties such as the use of a firearm, the age of the victim, or if the person is a repeat offender.

All criminal charges should be taken seriously. Even a minor misdemeanor can have an effect on your life. If you have been charged with a crime, or are a suspect in a criminal investigation, you should consult with an attorney.

The Nicodemus Law Office, LPA, regularly represents persons charged with all degrees of offenses, from minor misdemeanors to felonies. Call 740-422-9280 or complete this CONTACT FORM to schedule a consultation and protect your rights.


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The Nicodemus Law Office, LPA
Phone: 740-422-9280
Website: www.nicodemuslaw.com
Facebook: https://www.facebook.com/NicodemusLaw/
Twitter: https://twitter.com/Nicodemus_Law

Criminal Pre-Trial Delay Leads to Dismissal

Ohio law is favorable to the State when it comes to Statute of Limitations, tolling of time, and pre-trial delay. The burden, even though technically shifted to the State in Motion to Dismiss for Pre-Trial delay, is often still on the defendant. A recent case of mine addressed the issue of pre-trial delay and highlights why everyone deserves a high-quality defense and why justice demands it.

In June 2017 my client was charged with F5 Escape, i.e., alleging he was arrested for a misdemeanor crime and escaped from police custody after his arrest. At arraignment and subsequent bond hearing (which was denied) I raised the issue of pre-trial delay which violated my client's rights guaranteed under the Sixth Amendment. I subsequently filed a Motion to Dismiss and had the matter set for a hearing. Prior to the hearing - and I must give credit to the prosecutor for reviewing the case and determining they could not justify the delay - the case was dismissed. So what happened that someone arrested for an alleged crime and then allegedly escaped custody would then have the case dismissed? It all started over 11 years ago.

In December 2005 my client was allegedly arrested for a misdemeanor for which he could have been jailed upon conviction for up to 6 months. Once arrested and in police custody, he allegedly escaped the police cruiser and was not able to be re-apprehended by the police. In January 2006 a complaint for escape was filed and a warrant for his arrest was issued. That warrant was not executed until late May 2017 and was indicted for escape in June 2017.

In the intervening 11 years, my client was arrested, indicted, and convicted on numerous other charges in numerous counties throughout the state. In all, he was convicted in at least two other counties of numerous felonies for which he served the better part of five years in prison. After his release from prison - while the escape warrant was still active - he was indicted on new state felony and federal firearms offenses which he was convicted of and served another five years in federal prison. After his release from federal custody - again while the escape warrant was active - he was again arrested, jailed, and released, on new charges, in the same county that had the active escape warrant. It wasn't until he was arrested for a failure to appear warrant on pending charges that he was finally served the 2006 warrant for escape.

So what's the problem - there was an active warrant for escape and now he was going to be accountable for the allegations against him. Luckily for all of us we have rights guaranteed by the United States Constitution and Ohio Constitution. Eleven years, with all the intervening arrests and imprisonments when the State could have easily brought the defendant before the court to answer for his crimes, was simply too long and prejudicial against the defendant's rights.

Eleven years of delay undoubtedly prejudiced – i.e, impaired the ability of the defendant to adequately to prepare his case and skewed the fairness of the entire system – leaving the only question for the court to determine if the delay was justifiable. Barker v. Wingo, 407 U.S. 514, 532 (1972). Generally, there are two scenarios that result in an unjustifiable delay as a matter of law – where the state acts intentionally to disadvantage the defendant and where the state ceases an investigation and later resumes its case based upon the same information. State v. Luck, 15 Ohio St.3d 150 (1984).

In this case, the Court did not need to make a determination regarding the eleven year delay. After laying out the evidence I intended to introduce at a hearing on this matter to the prosecutor, and he evaluated it, it was determined that the State could not sufficiently prove justification for delaying prosecution for 11 years. Subsequently, the indictment against my client was dismissed and he was released from custody.

Without investigating my client’s past, his prior convictions, developing a timeline of all the occasions the State could have brought him before the court for his alleged crimes but did not and, reviewing dozens of similar cases, my client may still be in jail with an escape charge.

All persons accused of crimes deserve this same level of representation. If you or someone you know has been charged with a crime, call the Nicodemus Law Office at 740-422-9280 or complete the contact form to schedule your consultation and protect your rights.

Police & Prisoners Sex Prohibited

As recent as January 2018, there were 35 states that permitted police officers can have sex with persons they have arrested and were in custody. “Permitted” might be the wrong adjective to describe the encounters but when the other 15 states describe sexual encounters between police and prisoners as sexual assault, it certainly isn’t prohibited.

In March the State of New York passed a law prohibiting sex between police officers and persons in their custody. In Ohio, sex between persons – even consensual sex – is illegal, and has been for years, if there is a power dichotomy between the persons. In 2014 the Eighth District Court of Appeals, in Cuyahoga County, upheld a sexual battery conviction of a probation officer that engaged in sex with a probationer.

Ohio Revised Code 2907.03 delineates sexual battery and includes numerous prohibitions between persons in authority positions and their subordinates. Health care professionals and patients, teachers and students, prison workers and prisoners, and police officers where the other person is in custody are all prohibited sexual encounters – even if all parties are adults.

In determining the probation officers committed sexual battery by engaging in sex with a probationer, the Court determined

R.C. 2907.03(A)(6) represents an exception to the general rule which permits sexual activity between consenting adults. As reflected in the committee comment, the section proscribes even voluntary sexual activity between an inmate and a person who has supervisory or disciplinary authority over the inmate. The purpose of the statute is to protect from sexual abuse those who come under the care and custody of the State. The statute is directed at those situations where the offender, through power conferred by the State, is able to coerce or force sexual activity by the misuse of that authority.

State v. Maresh, 2014-Ohio-3410, ¶ 41 (8th Dist. Cuyahoga)

Ohio Revised Code 2907.03 has effectively determined that a person cannot consent to sexual encounters with another person in certain situations.

OVI Overview

While Annie's Law may have changed some the sentencing requirements upon conviction of OVI, those changes still require a conviction. But how does an officer work towards obtaining evidence for a conviction?

From the moment an officer suspects you are driving impaired he is attempting to collect evidence against you. An officer may believe you to be impaired when he first notices your vehicle based on your driving (weaving, fluctuations in speed, etc) or during a traffic stop for other purposes (you're driving at 1AM on a Saturday with a license plate light out).

Your driving, your speech, the odor of your breath and clothes, and your ability to provide your driver’s license are all factors the officer will consider when determining whether or to ask you to submit to Standardized Field Sobriety Tests (FSTs).  After determining you are impaired based upon the FSTs, the officer will place you under arrest and transport you to a police station. At the station the officer will ask you to submit to another test – usually a breath test.

To blow or not to blow? Put simply, without a scientific test to prove your impairment the State has a harder time convicting you (though a jury can still find a person guilty based upon the FSTs). But there can be additional consequences if you don't blow - increases in driver's license suspension times and there may be professional ramifications for those with professional licenses, CDLs, etc. Additionally, some courts do not generally grant limited driving privileges during the pre-trial phase of the case if there is a refusal on a breath or other chemical test.

But just because the officer says you failed the FSTs or that you have a test result that indicates you over the legal limit, it does not mean you were impaired and guilty. Minor deviations in the FSTs can effect the results the officer observes and breath-testing machines and the officers that operate them have stringent guidelines that must be followed.

What surprises most people that take standardized field sobriety tests and a breath test (or other chemical test like urine or blood) is that they are charged with two OVI offenses. 

Ohio’s OVI laws are extremely specific and technical and it takes trained OVI attorneys to protect your rights. If you, or someone you know, has been charged with an OVI, you must obtain counsel to protect your rights. The Nicodemus Law Office will fully investigate your OVI charge and will protect your rights if you have been charged with an OVI. Call 740-422-9280 or complete the CONTACT FORM to schedule your consultation. 

Misdemeanor v. Felony - What's the Difference

In Ohio, criminal offenses are classified as either misdemeanor or felony offenses (there's also unclassified misdemeanors and felonies but that is an entirely different discussion). Misdemeanor offenses are typically heard by the municipal or county court and may even be heard in a mayor’s court. Felony offenses are heard in a common pleas court. Some common misdemeanors are petty theft and OVI. Some common felonies are theft, forgery, aggravated drug possession, and drug trafficking.

Both misdemeanor and felony offenses are separated into degrees based on the severity of the offense with a minor misdemeanor being the least severe offense and a first degree felony being the most severe. In many instances a crime may be classified as either a felony or misdemeanor depending on the facts and circumstances of the alleged crime.

The potential maximum penalties for misdemeanors and felonies are:

Degree of Offense	Maximum Fine	Maximum Incarceration
Minor Misdemeanor (MM)	$150	None
Fourth Degree Misdemeanor (M4)	$250	30 days - local jail
Third Degree Misdemeanor (M3)	$500	60 days - local jail
Second Degree Misdemeanor (M2)	$750	90 days - local jail
First Degree Misdemeanor (M1)	$1,000	180 days - local jail
Fifth Degree Felony (F5)	$2,500	12 months - prison
Fourth Degree Felony (F4)	$5,000	18 months - prison
Third Degree Felony (F3)	$10,000	3 or 5 years - prison
Second Degree Felony (F2)	$15,000	8 years - prison
First Degree Felony (F1)	$20,000	11 years - prison

Some crimes, such as OVI, rape, and murder, have specified penalties outside the chart above. Other factors may also enhance the maximum penalties such as the use of a firearm, the age of the victim, or if the person is a repeat offender.

All criminal charges should be taken seriously. Even a minor misdemeanor can have an effect on your life. If you have been charged with a crime, or are a suspect in a criminal investigation, you should consult with an attorney.

The Nicodemus Law Office, LPA, regularly represents persons charged with all degrees of offenses, from minor misdemeanors to felonies. Call 740-422-9280 or complete this CONTACT FORM to schedule a consultation and protect your rights.

Criminal Law Overview

Criminal law arises when someone has been charged with a crime or is a suspect in a criminal investigation. It is the area of law most people are familiar with. Who hasn't heard of Miranda warnings? Unfortunately, the understanding most people have of criminal law is from TV, basic classes in high school, or from knowing someone "who has been through the system." But this basic understanding does not cover the nuances of the actual practice of criminal law. For instance, contrary to popular belief, the police do not need to read Miranda warnings to everyone who has been arrested. 

Criminal charges can be an overwhelming, stressful, and a scary experience. Even a seemingly “minor” charge can have serious repercussions in the future. No criminal charge, in any court, should be taken lightly. Whether you have been charged with a felony or misdemeanor, or believe you are being investigated but have not yet been charged with a crime, it is important that you understand your rights and how a conviction may affect your future.

Contact the Nicodemus Law Office at 740-422-9280 or complete the CONTACT FORM to protect your rights.

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