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Are you a victim of a hit and skip car accident?
Irresponsible and distracted driving can result in hit and skip car accidents. You can take the following measures to protect your rights:
1. Seek medical help. Call “911” if you or anyone with you is injured or suspects injury;
2. Move to safety. Get out of the way of traffic. If you cannot move your vehicle, turn on the emergency hazard lights or put out safety flares to warn other drivers;
3. Call the police. If you suspect or sustain injury to yourself, other property, or your vehicle, call police to report the incident;
4. Obtain information about involved drivers. If possible, take note of the make, model and/or license plate number of the vehicle or vehicles involved in the accident. Any information you can provide to help identify the hit and skip driver will improve the chance of bringing them to justice and preventing further accidents.
Can I get driving privileges after I get a DUI or other license suspension?
Yes you may be able to obtain driving privileges after a DUI or other license suspension, but each Court differs on when and to what extent. According to Ohio Revised Code 4510.021, the Court may grant limited driving privileges “for any purpose described in division (A)(1), (2), or (3) of this section during any suspension imposed by the court. In granting the privileges, the court shall specify the purposes, times, and places of the privileges and may impose any other reasonable conditions on the person’s driving of a motor vehicle. The privileges shall be for any of the following limited purposes:
(1) Occupational, educational, vocational, or medical purposes;
(2) Taking the driver’s or commercial driver’s license examination;
(3) Attending court-ordered treatment.”
The key to this is that the Court may grant driving privileges. That means the Court does not have to grant those privileges. It’s discretionary and up to the Court. For example, when a person gets charged with their first DUI within 6 years, they may be able to request driving privileges after a 15 day “hard suspension.” However, not all Courts will grant driving privileges after the “hard suspension”. Some Courts will not give a person driving privileges if they refuse to submit to an alcohol test. Other Courts will not even consider granting privileges until a 90 day arbitrary period has past. Thus, it is important to contact an attorney who is familiar with the Court’s driving privilege policy.
Divorce or Dissolution?
Ohio recognizes two separate methods for terminating marriage. When both parties agree to all terms of the marriage termination, they may seek a dissolution. An action for divorce may be sought in all other instances where the parties do not agree to the terms of their divorce.
Grounds for divorce
The State of Ohio permits judgments of divorce and dissolution of marriage to be granted upon the following grounds: Either party had a husband or wife living at the time of the marriage from which the divorce is sought; Willful absence of the adverse party for one year; Adultery; Extreme cruelty; Fraudulent contract; Any gross neglect of duty; Habitual drunkenness; Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint; Procurement of a divorce outside this state, by a husband or wife, by virtue of which the party who procured it is released from the obligations of the marriage, while those obligations remain binding upon the other party; On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation; Incompatibility, unless denied by either party. Ohio Revised Code § 3105.01.
Legal separation
The State of Ohio permits judgments of legal separation to be granted upon the following grounds: Either party had a husband or wife living at the time of the marriage from which legal separation is sought; Willful absence of the adverse party for one year; Adultery; Extreme cruelty; Fraudulent contract; Any gross neglect of duty; Habitual drunkenness; Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint; On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation; Incompatibility, unless denied by either party. Ohio Revised Code § 3105.17.
Simplified divorce procedure
If the parties agree to all terms, they may file a petition for dissolution of marriage. The petition must be signed by both parties and have attached a separation agreement providing for division of property, spousal support, allocation of parental rights, visitation and custody, and child support. Both parties must appear before the court and if the court is satisfied with the parties’ testimony and the terms of the agreement, the court will grant the dissolution of marriage. Ohio Revised Code § 3105.63.
Sealing or Expunging Ohio DUI/OVI
Drunk driving in the state of Ohio is a serious offense that carries with it serious penalties. Moreover, the record of an OVI conviction cannot be sealed. Additionally, an OVI conviction prevents one from sealing any other conviction on their record.
Ohio Revised Code Section 2953.31 states that “[A] conviction for a violation of section 4511.19…or for a violation of a substantially equivalent former law of this state or former municipal ordinance shall be considered a previous or subsequent conviction.” This means that if you have an OVI on your record, you are not a “first offender” and only first offenders can apply to have their record sealed.
Therefore, it is important to understand that not only is an OVI record not subject to sealing, but it will always bar the possibility of sealing a previous or later criminal conviction.