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Questions Answered by R. Scott Patterson
2 Answers | Asked in DUI / DWI for Ohio on
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?

I completed my entire sentence. jail time, diversion program, paid all my fines etc... the only thing I never did was pay the $475.00 to reinstate my OH Driver’s License because I had moved back home with my parents and started my life over in FL. I’ve had a valid Driver license for over 10... Read more »

R. Scott Patterson
R. Scott Patterson answered on Dec 1, 2018

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... Read more »

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2 Answers | Asked in Adoption, Child Custody and Family Law for Ohio on
Q: I have been raising my goddaughter for 6yrs with birth mother only giving foodstamps how can i get custody?

She gives nothing else not money clothing or attention but on 1st when we go to store.

R. Scott Patterson
R. Scott Patterson answered on Jun 27, 2018

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.... Read more »

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1 Answer | Asked in DUI / DWI for Ohio on
Q: Are DUI penalties more severe if you cause an accident?
R. Scott Patterson
R. Scott Patterson answered on May 25, 2018

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,... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Family Law and Adoption for Ohio on
Q: Dismissed Ohio Untimely Notice of Appeal- Attorney filed for reconsideration-blamed postal service.

Question: Will the Appellate Court grant this ridiculous Motion for Reconsideration?

Background: Notice of Appeal was two (2) days late. Appellants attorney mailed it on a Friday thinking it would be fine and stamped by the Clerk on Monday. It was delivered on Wednesday. Appellate... Read more »

R. Scott Patterson
R. Scott Patterson answered on May 2, 2018

IS THIS A QUESTION?

1 Answer | Asked in Adoption and Family Law for Ohio on
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?
R. Scott Patterson
R. Scott Patterson answered on Jan 20, 2018

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.

1 Answer | Asked in DUI / DWI for Ohio on
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?
R. Scott Patterson
R. Scott Patterson answered on Dec 10, 2017

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... Read more »

1 Answer | Asked in DUI / DWI for Ohio on
Q: I need advice over fighting a OVI charge.

Crashed vehicle Sunday morning around 515am. I had a couple beers the night before, around 11pm. I was completely sober. I crashed due to me lookin at my phone, gps for directions. Lost control at a curve and crashed into a pole and into a ditch. Officer could smell the alcohol on my breath and... Read more »

R. Scott Patterson
R. Scott Patterson answered on Oct 2, 2017

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... Read more »

1 Answer | Asked in DUI / DWI for Ohio on
Q: I was charged with ovi. No BAC level on ticket. Never booked or field sobriety test. What is going to happen to me

This my second ovi. First one 2011. I was taken to the hospital and submitted urine. I admitted to a beer and 2 shots. Plus possible marijuana in my system. I didn't want to lie. It had been a week or two since last smoking. They released me from the hospital and I was never booked or read my... Read more »

R. Scott Patterson
R. Scott Patterson answered on Aug 27, 2017

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... Read more »

1 Answer | Asked in Adoption for Ohio on
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

Her mother died when she was 6 weeks old and her father signed over custoday to us we told him he could see her whenever he wanted to, the first 6 month's he would see her then nothing until she was 1 after that he contacted me through face book at the age of 10. Another time at 12 and just this... Read more »

R. Scott Patterson
R. Scott Patterson answered on Aug 18, 2017

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... Read more »

1 Answer | Asked in Family Law and Adoption for Ohio on
Q: How much can step parent adoption cost (best estimate)? Two children (6 & 3), two different biological fathers.
R. Scott Patterson
R. Scott Patterson answered on Aug 7, 2017

Too many variables are involved to provide a meaningful response. Sorry.

1 Answer | Asked in Family Law and Child Support for Ohio on
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

the children are both over 18 now, and he owes a lot of back cs, he is saying that my wife can sign off to were he does not owe this, is this correct?

R. Scott Patterson
R. Scott Patterson answered on Aug 7, 2017

Your wife can waive unpaid child support arrears that have not been assigned to the State of Ohio.

2 Answers | Asked in Divorce and Family Law for Ohio on
Q: In Ohio if my spouse owns home and files for separation, do I have to leave?

Are record of filing for separation public? Can I know in advance? How will I be served separation?

R. Scott Patterson
R. Scott Patterson answered on Aug 2, 2017

Not unless he gets an order from a court.

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2 Answers | Asked in Adoption, Copyright, Family Law and Child Custody for Ohio on
Q: Doing a guardianship application for Ohio?

If I want full custody, do I apply for non-limited? Also would it be best to hire a lawyer to talk on my behalf ?

R. Scott Patterson
R. Scott Patterson answered on Jul 31, 2017

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.

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1 Answer | Asked in Child Support and Family Law for West Virginia on
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

with me in Ohio. And the younger 2 (12 & 7) are living with ex-wife in WV. Do I have to petition the WV court to have support reduced or can that be done in OH?

R. Scott Patterson
R. Scott Patterson answered on Jul 29, 2017

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... Read more »

3 Answers | Asked in DUI / DWI for Ohio on
Q: If I am asked whether I’ve been drinking by a police officer, do I have a right to remain silent?
R. Scott Patterson
R. Scott Patterson answered on Jul 29, 2017

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... Read more »

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2 Answers | Asked in Family Law and Juvenile Law for Ohio on
Q: My 15 year old daughter constantly disappears (will return,), steals money from us and I need to know what I can do

She will return after a week, sometimes more, just to steal whatever cash we have in the house and then disappear again. She has had her friends block my phone number and even when an adult knows where she is they won't tell me. She is flunking school, and is begging for emancipation. i have 5... Read more »

R. Scott Patterson
R. Scott Patterson answered on Jul 25, 2017

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... Read more »

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1 Answer | Asked in DUI / DWI for Ohio on
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

I live in ohio.

R. Scott Patterson
R. Scott Patterson answered on Jul 25, 2017

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.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I live in Ohio want to move to South Carolina with my children I'm in the middle of a divorce.

I am moving to South Carolina and want to take my children with me the divorce has not been final but we are in the middle of it I want to get my kids in school down there so I need to move now so that they won't have to start in the middle of a school year is this something I can do without... Read more »

R. Scott Patterson
R. Scott Patterson answered on Jul 25, 2017

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... Read more »

1 Answer | Asked in Domestic Violence for Ohio on
Q: I have video of DV victim threatening to frame me for domestic violence and also admitting that all other cases were

Also in video victim is smoking crack wishing me dead I hope in the devil get me also victim pulls nice and throw object at me. There is also police report for victim had stabbed me before there was ever a domestic violence case also there is a medical report to back that up.which is in public... Read more »

R. Scott Patterson
R. Scott Patterson answered on Jul 24, 2017

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.

2 Answers | Asked in Family Law and Child Custody for Ohio on
Q: Being served papers where I used to live

Never married. He never supported child nor saw her very often by his choice. If I just moved out of state and he is trying to serve me custody papers in prior state what happens if I never receive them?

R. Scott Patterson
R. Scott Patterson answered on Jul 24, 2017

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... Read more »

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