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Ohio Municipal Law Questions & Answers
0 Answers | Asked in Traffic Tickets and Municipal Law for Ohio on
Q: What can be done if the cop never read you your Miranda rights

Got pulled over for a last minute turn he told me I didn’t signal 500 feet I only single three then when approach my car he told me he was going to have his dog search my car and asked me to get out of the car. I asked him what his probable cause was and he told me he didn’t have to have one.... View More

2 Answers | Asked in Personal Injury, Traffic Tickets, Car Accidents and Municipal Law for Ohio on
Q: While backing out of driveway at night got broadsided dead-center. Who is at fault?

In NE Ohio at 7:25PM few days ago backing out my car with lights from a driveway looking both sides onto a rural highway(single lane two way 55mph highway). Get broad sided dead center(between front and back passenger door) by another car. Question is, who is at fault. Got cited by the cop for... View More

Bruce Boerst
Bruce Boerst
answered on Nov 14, 2024

'm sorry to hear about your accident. Determining fault in such situations involves understanding Ohio's traffic laws and the specifics of the incident.

Ohio Traffic Laws:

According to Ohio Revised Code § 4511.44, when entering or crossing a highway from a place other...
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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Municipal Law for Ohio on
Q: What can I do about a shared driveway owner that won't maintain it?

I am not the owner of a shared driveway. The driveway owner doesn't maintain it and at times it gets almost unusable, until I call and pay someone to have it graded, which is basically just a band aid to make it usable.

Also, the driveway is approx. a quarter mile long.

James L. Arrasmith
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answered on Apr 1, 2024

In a situation involving a shared driveway where the owner is not properly maintaining it, you have a few options to address the issue:

1. Communicate with the owner: Try to have a friendly conversation with the driveway owner about the maintenance issues. Explain your concerns and see if...
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1 Answer | Asked in Constitutional Law, Gov & Administrative Law and Municipal Law for Ohio on
Q: Which supersedes Civil Service Rules or ORC

ORC 124.45 States that a promotion exam is valid for two years. Local civil service states that the test is good for one year and the bargaining unit contract states that Civil Service supersedes ORC 124.45-124.48

James L. Arrasmith
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answered on Jan 10, 2024

In situations where there is a conflict between state law and local civil service rules, the supremacy of one over the other can depend on the specific context and legal framework of the state. Ohio Revised Code (ORC) 124.45 sets the validity of a promotion exam at two years, while your local civil... View More

1 Answer | Asked in Constitutional Law and Municipal Law for Ohio on
Q: In Ohio can a uncharted city write civil service rules on firefighter promotions and hiring that contradict ORC
James L. Arrasmith
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answered on Jan 10, 2024

In Ohio, unchartered cities generally have the authority to establish their own civil service rules, including those for firefighter promotions and hiring. However, these rules must align with the Ohio Revised Code (ORC). The ORC sets statewide standards and regulations, and local policies cannot... View More

1 Answer | Asked in Collections and Municipal Law for Ohio on
Q: Getting a certified letter from a debt collector saying I am being sued but the clerk of courts has no record of it?

What is happening and how do I handle it?

Joel Gary Selik
Joel Gary Selik
answered on Dec 17, 2023

It could be for many reasons, including its in a different court, their is a spelling error, it has not gotten to the court records yet, or its a scam.

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Municipal Law for Ohio on
Q: Can two people legally fist fight if they both consent
James L. Arrasmith
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answered on Dec 2, 2023

In Ohio, as in many states, consenting to a physical fight does not necessarily make it legal. Even if both parties agree to a fist fight, it can still be considered a breach of the peace or a violation of public order laws.

The legal system generally discourages acts of violence,...
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1 Answer | Asked in Criminal Law and Municipal Law for Ohio on
Q: What does “bind over pw sent to cpc*LO” mean?
Linda  Malek
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answered on Nov 3, 2023

A bind over is where a defendant has been charged with a felony. The case begins in the municipal court or lower court and is ‘bound over’ to the CPC or Common Pleas Court. Remember that municipal courts can only hear misdemeanors not felonies. Felonies are in the jurisdiction of the Common... View More

1 Answer | Asked in Criminal Law and Municipal Law for Ohio on
Q: I had an arragiment hearing and I had to reschedule due to covid i was still positive today and the courts issued a warr

Issued a warrant for my arrest even though I am still testing positive today and I've been calling all morning to try and contact someone to alert. But they returned my call and said they can't reschedule it again due to covid even though I'm still testing positive

Linda  Malek
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answered on Oct 10, 2023

Were you able to show/send proof from the test that you are positive? I can’t believe that with proof sent to the court that they would put themselves and others in jeopardy. I would hire a lawyer and give them the proof that you actually did have covid and have the lawyer draft a legal motion... View More

1 Answer | Asked in Criminal Law, Family Law, Child Support and Municipal Law for Ohio on
Q: What are my options for recourse in Ohio if a butler county juvenile court employee informed me incorrectly?

Had CS hearing for contempt- couldnt make it. Warrant issued. Paid to get recalled, was issued new hearing (employee came out, handed me new date paper & said “be there”). Again, date conflicting. I asked how to reschedule. She refused to go back (hearing was done w/ me in the lobby) to ask... View More

Todd B. Kotler
Todd B. Kotler
answered on Sep 14, 2023

The employees cannot give legal advice. There are literally signs all over every court stating this. YOU are responsible for either hiring an attorney or learning the rules through independent research. Appear before the court ASAP and make your explanation. Better yet, invest in actually... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Ohio on
Q: Can I make a motorized bicycle or moped as long as it meets the safety standards and be street legal
T. Augustus Claus
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answered on Aug 15, 2023

In Ohio, you can legally create and operate a motorized bicycle or moped if it meets certain requirements. To be street legal, the motor should have a piston displacement of 50cc or less, and the vehicle's maximum speed shouldn't exceed 20 mph on a flat surface. If you're 14 or 15,... View More

1 Answer | Asked in Business Law, Landlord - Tenant and Municipal Law for Ohio on
Q: My neighbor runs a business training & boarding dogs at the house he rents. Does he have to have permits or licenses?

He boards them when he is training them.

T. Augustus Claus
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answered on Aug 3, 2023

In Ohio, running a business training and boarding dogs may require permits or licenses, depending on local regulations and zoning laws. It's essential for your neighbor to check with the city or county authorities to determine the specific requirements for operating a dog training and boarding... View More

1 Answer | Asked in Tax Law, Gov & Administrative Law and Municipal Law for Ohio on
Q: A city I use to live in is asking for 1k in taxes 5 years later (2018) I'm not sure why they didn't notify me in 2018.

They are saying I made 55k in 2018. I did not. I worked at Panera bread part time. I did not make 55k. I need advice on this situation.

Blake Goodman
Blake Goodman
answered on Jul 26, 2023

It sounds like there's more confusion than legal issues here. Call the tax department and get an explanation of what's going on. Go to the source and get good information that your rights are being impinged before contacting an expensive attorney for help

1 Answer | Asked in Municipal Law for Ohio on
Q: I bought a truck from my friend we kept it in his name until it was paid off after it was paid off we went and got the

Title put into my name but it was only notorized. Well June 17th 2021 the Morrow County Sheriff's Office came to my residence and told me that my buddy's babys mom got power of attorney since he was arrested and she reported the truck as stolen knowing full well that I paid that truck off... View More

John Michael Frick
John Michael Frick
answered on Apr 11, 2023

No, you cannot sue the sheriff’s department because it has immunity.

Yes, you can sue your friend’s mother for falsely reporting the truck stolen. She could plead a failure to mitigate your damages to limit any recovery to two weeks’ cost for a rental car to take you to work....
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1 Answer | Asked in Constitutional Law, Federal Crimes, Land Use & Zoning and Municipal Law for Ohio on
Q: While driving on a public road, THROUGH a school zone, is is illegal to have a loaded firearm on your person in Ohio?

With the passing of Ohio's Constitutional Carry law, as of July 13, 2022 Ohio citizens without a CCW permit can legally carry a loaded firearm on their person while in their vehicle, but not in a school zone. If you live near or drive through a school zone on a public road (where you must slow... View More

James L. Arrasmith
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answered on Mar 2, 2023

Ohio law prohibits carrying a firearm in a school safety zone, which includes the area within 1,000 feet of the school grounds. This applies to both open and concealed carry, regardless of whether you have a CCW permit or not.

Therefore, if you are driving through a school safety zone, you...
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1 Answer | Asked in Criminal Law and Municipal Law for Ohio on
Q: Felonies over ride Misdemeanors is that true in Ohio I had a charge out of mayor's court but went to prison on a felony

Is that mayor's court charge still active

Roger  Bouchard
Roger Bouchard
answered on Feb 1, 2023

Felonies do not override lesser charges. There are usually two judges, common pleas and municipal, with two separate sentences for what you were found guilty. Sentences can be run concurrent or consecutive depending on the judge and facts. If the cases are related you have a shot of getting the... View More

1 Answer | Asked in Criminal Law, Traffic Tickets, Federal Crimes and Municipal Law for Ohio on
Q: My son had a case which ended up getting dismissed. Now, 2yrs later they have indicted him for it. (F4 handling firearm)

They issued a warrant but told him over the phone he just needs to come to the court to receive the indictment and set a court date and he won't be arrested at that time, is this true or a trick? Also, what should he do concerning going forward with the charge/indictment? The case was closed,... View More

Matthew Williams
Matthew Williams
answered on Nov 10, 2022

Your son should hire a local defense attorney and follow his or her advice. The statute of limitations on a felony charge is 6 years so while 2 seems like a long time, it is far from being precluded.

1 Answer | Asked in Criminal Law and Municipal Law for Ohio on
Q: How can I go about getting a local bar shut down due to criminal activity? Multiple shootings happen at this bar.

The bar is in my neighborhood and I am sick of the crime it brings.

Nicholas P. Weiss
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answered on Oct 19, 2022

In some limited cases, you can bring a claim for nuisance against the bar and seek to enjoin it from operating. This is typically done by the municipality, sometimes by a community development clinic or other non-profit, and very infrequently done by private individuals.

While you certainly...
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1 Answer | Asked in Collections, Municipal Law and Small Claims for Ohio on
Q: Flying a drone, gets stuck on top of commercial building, property manager has to pay get it down, do I have to repay?

I got the drone back, said he may have to charge me because his crew may charge him, I may not be properly licensed but was not near any controlled air space.

Tim Akpinar
Tim Akpinar
answered on Sep 10, 2022

An Ohio attorney could advise best, but your question remains open for two weeks. Until you're able to discuss with a local attorney, nationwide such a situation would usually be on the drone operator. If the crew is regularly up there to check equipment or perform maintenance, they could... View More

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Municipal Law for Ohio on
Q: i am on probation in Cleveland muni court and Cuyahoga common pleas. common pleas has the longest possible sentence.

i am on probation in Cleveland muni court and Cuyahoga common pleas. common pleas has the longest possible sentence.

Under ORC Section 2951.022 | Supervision of concurrent supervision offender. It says that the court that has imposed the longest possible sentence has jurisdiction.... View More

Matthew Williams
Matthew Williams
answered on Apr 26, 2022

It’s not automatic, especially since the statute authorizes the judges to change the concurrent supervision rules more or less as they see fit. I would start with a conversation with the two probation officers before going to the court.

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