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Learn more about the Ohio point system for traffic violations from Shane Herzner of Herzner Law in Cincinnati, Ohio.
  • By: Shane Herzner
  • Published: December 2, 2022

In Ohio, the consequences for traffic violations include the point system recorded by the Bureau of Motor Vehicles (BMV). The Ohio point system seeks to discourage drivers from committing repeated traffic offenses over a short time. For example, accumulating 12 points within two years results in license revocation for six months. Traffic violation charges in Ohio have severe consequences for drivers. If you face a traffic offense in Cincinnati, Ohio, you risk losing your driver’s license or facing other serious penalties. Fortunately, a Cincinnati traffic defense lawyer can build a solid defense and work to lessen your points and charges. Points for Different Violations in Ohio The state of Ohio uses specific criteria to assess penalty points. Being found guilty of minor traffic violations or crimes puts two points on…Read More

Learn more about felony theft vs. petty theft in Ohio from Shane Herzner of Herzner law located in Cincinnati, Ohio.
  • By: Shane Herzner
  • Published: November 30, 2022

If you're facing a theft charge in Ohio, understanding the evidence the prosecution will use to determine your specific charge is important. Additionally, you'll face different consequences depending on whether or not you're being charged with felony versus petty theft.  The difference between petty and felony theft in Ohio may not seem like much on paper, but their consequences can substantially differ. Individuals with high-degree felony theft charges are more likely to pay harsh fines, submit to probation, or spend more time in jail. When an individual takes the services or property of another without authorization or intends to deprive an owner of goods compensation, it's called theft. Theft can occur in various ways, such as taking property without the owner's consent, utilizing property without the owner's permission, or deceiving,…Read More

Learn more about the steps to take if you are experiencing domestic violence from Shane Herzner of Herzner Law.
  • By: Shane Herzner
  • Published: November 4, 2022

In 2021, 131 domestic abuse fatalities were reported in Ohio, a 20 percent increase in deaths over the previous year and a 62 percent increase over the past two years.  Domestic abuse can be any abuse committed by someone in the victim’s close domestic circle. This may include immediate family members, relatives, partners, ex-partners, or family friends. Domestic abuse can be physical, emotional, or financial. If you’re experiencing domestic abuse, you’re not alone. While it might seem hard to imagine a life without your abuser, there is hope. Some ways you might be able to free yourself from a domestic abuse situation are:  Leave: Of course, this is always easier said than done, especially if you’ve been a victim of domestic violence for years. However, creating physical distance between yourself…Read More

Learn more about Ohio's drug crime laws from experienced drug crimes attorney Shane Herzner of Herzner Law in Ohio.
  • By: Shane Herzner
  • Published: November 4, 2022

Being convicted of a drug crime in Ohio is a weighty matter with severe consequences, including hefty fines and lengthy jail sentences. Depending on the offense and circumstances, drug offenses in Ohio can be classified as felonies or misdemeanors. This classification predominantly affects the penalties to be set. Ohio Drug Crimes Law: Defined A drug crime in Ohio is an activity that involves the possession, manufacturing, or distribution of a controlled substance. Some controlled substances in Ohio include: Codeine Opium extracts Raw opium Morphine Hydromorphone Thebaine Metopon Marijuana Heroin Cocaine Ohio takes drug crimes seriously, so hiring an experienced defense lawyer can significantly impact your case. The penalties of a drug crime can differ based on the specific situation, but the potential consequences will still leave their mark on you.…Read More

Learn more about if a DUI /OVI affects auto insurance from Shane Herzner of Herzner Law.
  • By: Shane Herzner
  • Published: July 22, 2022

An OVI or DUI conviction comes with severe consequences. Driving while intoxicated poses a danger to you, your passengers, and other people on the road. It also makes you a risk to car insurance companies which is why they try to alleviate that risk by charging increased insurance premiums if you've been caught driving under the influence. Before knowing how a DUI or OVI can affect your car insurance, you must first understand what an OVI and DUI are.  What is an OVI/DUI? OVI stands for operating a vehicle under the influence, while DUI stands for driving under the influence. Being convicted of DUI or OVI means driving or operating a vehicle with a BAC (blood alcohol content) of 0.08% or higher. For drivers under the age of 21, getting…Read More

What Questions And Information Is Someone Who Is Stopped By Law Enforcement.
  • By: Shane Herzner
  • Published: June 28, 2022

First and foremost, folks who are stopped are required to cooperate with the officer if they are asked to exit the vehicle. Sometimes they think they don’t have to, which could be considered obstruction if you remain in your vehicle. So if the officer does ask you to get out of the vehicle, do that. Just make sure that you tell them that you’re not doing any tests. When it comes to questions, they ask you your name or identifying information, you do have to provide them with that, including your driver’s license and proof of insurance, but if they start asking you questions concerning where were you coming from and if you had any alcohol, you do not have to answer those questions. I recommend you not answer them…Read More

Learn more about the difference between OVI and DUI from Herzner Law.
  • By: Shane Herzner
  • Published: June 22, 2022

Is There a Difference Between OVI and DUI in Ohio? DUI (Driving Under the Influence) and OVI (Operating a Vehicle while Impaired) are interchangeable terms, so while OVI is a common term used in Ohio, both DUI and OVI refer to driving under the influence of drugs or alcohol. It is a crime to operate a vehicle while impaired in Ohio. OVI and DUI Defined DUI and OVI refer to the same thing: driving or operating a vehicle while impaired or under the influence of drugs or alcohol. And while most people associate vehicles with cars only, it is essential to note that vehicles include automobiles, bicycles, motorcycles, and even horse-drawn carriages. In Ohio, operating a vehicle while impaired means that you were doing one or more of the following:…Read More

Learn more about what the prosecution has to prove for a DUI or OVI conviction in Ohio from Shane Herzner of Herzner Law.
  • By: Shane Herzner
  • Published: March 21, 2022

For a per se case, all they have to do is prove that you’re over the legal limit, and that’s why I said don’t take these breath tests or chemical tests. For the opinion-based OVI, the 451119(A)1(a), they have to prove beyond a reasonable doubt that you were impaired by whatever amount of alcohol you had in your system. That is a much more difficult charge to prove, especially if you’re stopped for something like speeding or an equipment violation. Suppose you refused to take field sobriety tests. In that case, I think they have a significant challenge in trying to overcome that because they can’t show impairment. They have to show that your ability to drive a vehicle was impaired or that you have dexterity issues, or that your…Read More

Learn more about what exactly is considered an OVI in Ohio from Herzner Law.
  • By: Shane Herzner
  • Published: March 20, 2022

An OVI Operating a Vehicle while Impaired is how it’s defined by statute. The two main OVI sections are what’s known as the 451119(A)(i)(a) charge, the Ohio Revised Code, which is an opinion-based OVI. So, in other words, when you are on scene, and the officer places you under arrest, they are saying based on their opinion, observation, and experience, you were appreciably impaired and should not have been operating a motor vehicle. You are arrested on-scene before you’re allowed to take a breath test, and that’s probably another significant misconceptions about OVIs. So you’re arrested on-scene, and then they will take you back to the station after you’ve been arrested and offer to allow you to take a breath test. If you’ve never been arrested for an OVI before…Read More

what if someone can't remember
  • By: Shane Herzner
  • Published: March 19, 2022

Fortunately, nowadays, it's becoming more and more common for cruiser or body cameras to be present on many law enforcement agencies around here. Let's face it, you're nervous, you may forget details because of the nerves and everything else, and everything happens so quickly. So I don't expect the client to remember everything verbatim or in accurate detail. The good news is these videos will generally capture almost everything we need. Unfortunately, if no cameras are being used, it makes a case much more difficult, but a lot of it will depend on how detailed the police officer is in their report. Sometimes you get police officers that just put maybe a quarter of a page of details, which -- and I think defending the case is very helpful for…Read More

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