Questions Answered by R. Scott Patterson

Q: I was charged with a DUI 10 yrs ago in Ohio. I am moving back with a valid FL DL. Will I face problems getting an OH DL?

2 Answers | Asked in DUI / DWI for Ohio on
Answered on Dec 1, 2018
R. Scott Patterson's answer
Your reinstatement fess must be paid. You may enter into an arrangement with the Ohio BMV to make monthly $50 payments. You must have insurance in place when you apply. If you qualify, your driving privileges will be restored during the payoff period. Additionally, you may have to take a remedial driving course or pass knowledge and skills test. test.

https://www.columbuscriminalattorney.com/driving-under-suspension/bmv-payment-plans/

Q: I have been raising my goddaughter for 6yrs with birth mother only giving foodstamps how can i get custody?

2 Answers | Asked in Adoption, Child Custody and Family Law for Ohio on
Answered on Jun 27, 2018
R. Scott Patterson's answer
Of course you will heed the services of an experienced, competent family law attorney. As a "legal stranger" to the child, in order to obtain custody you would have to establish to the court's satisfaction that it would be detrimental to the child to be placed with either her father or her mother. This is called parental unsuitability.

Q: Are DUI penalties more severe if you cause an accident?

1 Answer | Asked in DUI / DWI for Ohio on
Answered on May 25, 2018
R. Scott Patterson's answer
Likely, the accident will carry its own set of penalties. The range of penalties in Ohio for an OVI are quite broad. Some are mandatory and the court has no discretion. If you took a breath, urine or blood test, and the level of any prohibited substance is considered "high" as defined by statute, the penalties will be more severe.

I recommend that you retain an attorney who is experienced in all phases of an OVI case.

Q: My fiance wants to adopt my twins, their father is in prison, does he have to sign over his rights for that to happen?

1 Answer | Asked in Adoption and Family Law for Ohio on
Answered on Jan 20, 2018
R. Scott Patterson's answer
You and your fiance must first be married. The natural/biological father's consent is necessary except under limited and specific circumstances as they may exist at the time the Petition for Adoption is filed with the Probate Court.

Q: I Got my first ever ovi,am I looking at jail time and how long can my license and cdl permit be suspended for?

1 Answer | Asked in DUI / DWI for Ohio on
Answered on Dec 10, 2017
R. Scott Patterson's answer
Yes, you are looking at jail time, three days (low test) to a maximum of six months. Likely, your CDL is suspended now if you are under an Administrative License Suspension. This suspension is for one year and is triggered by the ALS. You MUST appeal the ALS suspension within a limited time frame to have any chance of restoring your CDL. No judge can grant you privileges vis a vis your CDL. See an experienced OVI attorney immediately.

Q: I need advice over fighting a OVI charge.

1 Answer | Asked in DUI / DWI for Ohio on
Answered on Oct 2, 2017
R. Scott Patterson's answer
You present an interesting set of facts. Unfortunately, the best advice I can provide is obtain the services of an experience OVI/DUI attorney. Since there was no chemical test, the prosecution will have to rely upon circumstantial evidence that when you were driving and crashed you were impaired by alcohol or drugs, or a combination of them. They may find that difficult. The most significant of the Standardized Field Sobriety Test is the Horizontal Gaze Nystagmus Test. It has some science to...

Q: I was charged with ovi. No BAC level on ticket. Never booked or field sobriety test. What is going to happen to me

1 Answer | Asked in DUI / DWI for Ohio on
Answered on Aug 27, 2017
R. Scott Patterson's answer
There is no BAC on the ticket because at the time it was issued the officer did not have the urine test results back from BCI. Did the officer read a form to you before you gave the urine sample? Did you sign the front of the form, BMV 2255? If you are convicted of a simple low test OVI, your minimum jail sentence would be ten days. If it is a high test the minimum is twenty days. Consult an experienced OVI/DUI attorney.

Q: We have raised our niece for 14 yrs she wants us to adopt her. Do we need her fathere consent we have custody of her

1 Answer | Asked in Adoption for Ohio on
Answered on Aug 18, 2017
R. Scott Patterson's answer
The father's consent would not be necessary if, within the one year preceding the filing of the petition for adoption, he has failed to provide more than minimal support for the child; OR, he has had no or minimal contact with the child. Assuming he objects to the adoption, these kinds of issues are addressed by the courts on a case by case basis. Consult an experienced adoption attorney in the jurisdiction in which you live. That attorney will be able to advise you as to the attitude of the...

Q: How much can step parent adoption cost (best estimate)? Two children (6 & 3), two different biological fathers.

1 Answer | Asked in Family Law and Adoption for Ohio on
Answered on Aug 7, 2017
R. Scott Patterson's answer
Too many variables are involved to provide a meaningful response. Sorry.

Q: my wife's ex husband is saying that there is a way for her to sign off to where he does not have to pay child support

1 Answer | Asked in Family Law and Child Support for Ohio on
Answered on Aug 7, 2017
R. Scott Patterson's answer
Your wife can waive unpaid child support arrears that have not been assigned to the State of Ohio.

Q: In Ohio if my spouse owns home and files for separation, do I have to leave?

2 Answers | Asked in Divorce and Family Law for Ohio on
Answered on Aug 2, 2017
R. Scott Patterson's answer
Not unless he gets an order from a court.

Q: Doing a guardianship application for Ohio?

2 Answers | Asked in Adoption, Copyright, Family Law and Child Custody for Ohio on
Answered on Jul 31, 2017
R. Scott Patterson's answer
You should definitely talk to an attorney experienced in guardianship matters. Your question did not provide enough detail to offer more of an answer than that. The attorney would do far more than talk for you.

Q: I have children 4 children that I pay child support to in WV, I live in Ohio. Now 2 of the kids (15 &18) are both living

1 Answer | Asked in Child Support and Family Law for West Virginia on
Answered on Jul 29, 2017
R. Scott Patterson's answer
Ordinarily you would petition the court that issued both the custody and support orders, particularly since WV is close to OH. That would be the cleanest way of getting eveything done at one time. It would be unlikely that a court would modify the child support unless you had legal as well as physical custody of the older children.

Q: If I am asked whether I’ve been drinking by a police officer, do I have a right to remain silent?

3 Answers | Asked in DUI / DWI for Ohio on
Answered on Jul 29, 2017
R. Scott Patterson's answer
Absolutely. The officer is just fishing to find some reasonable articulable suspicion that you may be impaired. He/she will ask this more than once. Don't change your story under the pressure of being asked the same thing two or more times. Just say no, or nothing. While he has you fishing around for your license, registration and insurance card, he likely will ask you a few off-the-wall questions just to see if you can't do two things at once...divided attention. Just stay cool, do not try to...

Q: My 15 year old daughter constantly disappears (will return,), steals money from us and I need to know what I can do

2 Answers | Asked in Family Law and Juvenile Law for Ohio on
Answered on Jul 25, 2017
R. Scott Patterson's answer
I recommend filing unruly charges against her in Juvenile Court and demand that the court give her substantial restrictions and consequences. Turn her in every time she steals from you. I would report any adult that is hiding her out to the authorities. Just be sure your hands are clean, and that she doesn't have a rationale behind her behaviors. I would also enlist the assistance of a licensed clinical psychologist, and forget about counselors.

Q: I had a DUI 23 years ago and just got a OVI. Will I spend three days in jail or can I opt to do the three day alcohol

1 Answer | Asked in DUI / DWI for Ohio on
Answered on Jul 25, 2017
R. Scott Patterson's answer
You can do the DIP school in lieu of three days of jail, the judge can sentence you to up to 180 days of total jail time.. If you had a high test, your jail time would be a minimum of six days, or three in jail and three in the DIP. Again,there is no guarantee of receiving a minimum sentence.

Q: I live in Ohio want to move to South Carolina with my children I'm in the middle of a divorce.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Answered on Jul 25, 2017
R. Scott Patterson's answer
I would not recommend such a course of action without obtaining the go ahead from the divorce court. This is assuming the children are of the marriage that you are terminating. If the children are from a prior relationship, and the father has visitation rights, you must file a Notice of Relocation with the court that issued the visitation order, and serve the father. That court likely will schedule a hearing to review the existing visitation orders in light of your intended move.

Q: I have video of DV victim threatening to frame me for domestic violence and also admitting that all other cases were

1 Answer | Asked in Domestic Violence for Ohio on
Answered on Jul 24, 2017
R. Scott Patterson's answer
These all are matters that could aid in your defense at trial. Present this potentially exculpatory evidence to your attorney immediately. Bear in mind that if you in fact committed domestic violence against this person, you will have a hard row to hoe.

Q: Being served papers where I used to live

2 Answers | Asked in Family Law and Child Custody for Ohio on
Answered on Jul 24, 2017
R. Scott Patterson's answer
First, the state to which you move would likely not take jurisdiction over the child unless the child had lived in that state for at least six months. Second, service can be completed upon you by publication, including in certain circumstances, by posting. Service by publication would require a showing that he exercised a level of diligence in seeking your and the child's whereabouts.

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