Questions Answered by Brian Smith Esq
Q: In Ohio, do OVI’s cross county lines when doing sentencing?
I have one OVI in Franklin County and just received my second in Delaware County. Will that count as 3? The first was in 2015, 2017, and now.
Yes, when determining the number of priors for the purpose of determining mandatory minimum penalties an Ohio court will not only look to prior convictions anywhere in Ohio, but it may also look at "equivalent offenses" from other states.
Q: If my liciense are suspended and i have a warrant how can i get the block off completly
I have a warrant block from one of my tickets i didnt pay now tgey asking me to turn myself in
That attorney could file a motion to lift the warrant. These are frequently granted when a court sees an effort to resolve the ticket. A court may then schedule a pretrial where that attorney can work to resolve the ticket too. If the court will not withdraw the warrant, an attorney could help... Read more »
Q: How much can or will legal aid help you?
F1 case, my girlfriend is being charged with complicity to aggravated robbery. 100,000 bail.
There are legal aid groups and there are appointed attorneys. If someone is charged with a crime, they may ask the court for an appointed attorney. Courts will typically have the person complete a financial affidavit to determine whether they financially qualify. If they do, the court will... Read more »
Q: Do I owe a reinstatement fee after I complete my Intoxalock in Ohio?
The Ohio Bureau of Motor Vehicles web page allows you to view your suspensions and reinstatement requirements. You may find this by searching for Ohio BMV Online Services.
Q: What to do with a payroll overpayment ?
I have funds from an employer that should of not of been deposited.
It sounds like the employer deposited too much to your account. When they discover the error they can and will take the money back. you might build some good faith by letting them know of the over deposit.
Q: Backgrnd check says open warrant docket says closed w fine due what's correct?
So the court docket dayz case closed background check still shows open warrant who's right?12yrs ol d no license speed
I cannot say without checking with the court. You may want to contact the court so you can talk to them about this. Or you may want to consult with an attorney for help resolving this. What I can say is that, when a warrant is issued, Ohio courts will mark the case as closed until the warrant is... Read more »
Q: I quit my job. Handbook says we get unused vacation benefits. Do they have to pay?
Employee handbook says "Employees who resign are entitled to receive accrued, unused vacation benefits"
It certainly sounds as though they would have to pay. Employers are generally held to comply with their vacation policies. A review of the entire policy should be conducted to ensure there are no exceptions.
Q: Can an employer drop your pay by 3 dollars, if you are late to work more than 3 times in 90 days of employment
More information would be needed to fully evaluate this. The employer must pay you at least minimum wage of course. If you are protected by a contract with a wage rate, or perhaps a union contract, you might be able to challenge this. However, absent a minimum wage violation or contract... Read more »
Q: I was involved in an auto accident.
The other party was at fault and the driver is 17 and still in high school. My car is totaled and the insurance payout will not cover buying a similar make/model auto. Am I able to sue for the difference? And if so who do I sue, the 17 year old driver or the parents?
It sounds as though you could sue. Generally, an attorney would seek to include as many people who may potentially be liable in the suit (e.g., driver, parents, owner of car).
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
