North Royalton Legal Blog

What are the grounds to file a divorce in Ohio?

On behalf of Kirner & Boldt Co., L.P.A. posted in divorce on Thursday, June 20, 2019.

Not all Ohio marriages will work out as planned. For a variety of reasons, people might decide that they want to move forward with a divorce and end their marriage. There are many factors that will be part of this process. Before anything else, however, it is important to understand the basics. The law has certain requirements that must be met for a person to file for divorce and for the other party to file a counterclaim for divorce.

If either party was already married and the spouse was alive when the subsequent marriage took place, then it is a legal justification for a divorce. A party might have been absent from the marriage for one year. If the absence was willful, then the law allows for a divorce. If the spouse committed adultery, the court will allow there to be a filing for divorce. Extreme cruelty can encompass many behaviors from physical to mental and emotional abuse and more. This is a legal cause for there to be a divorce.

Man charged with drunk driving and other offenses after crash

On behalf of Kirner & Boldt Co., L.P.A. posted in drunk driving on Thursday, June 6, 2019.

When a person is charged with drunk driving in Cuyahoga County and the surrounding areas of Ohio, there are frequently other criminal charges associated with it. The penalties can accrue, which can cause significant problems in a person's life if they are not addressed as aggressively as possible with a strong legal defense. When there is an accident and a driver is not only accused of operating a vehicle after imbibing (OVI) but the driver is accused of fleeing as well, there can be major penalties.

A man was arrested for OVI and more after he crashed into an Ohio Department of Transportation truck and then acted as if he were a panhandler to keep from being arrested. The accident occurred on I-90 as the workers were filling potholes in the early-morning hours. After the accident, law enforcement said that the driver walked away and stood near the exit ramp. When officers spoke to him, he said he was panhandling. He had taken a container filled with money with him when leaving his vehicle. He denied having a role in the accident. However, officers asked him if he wanted his cellphone from the vehicle. When he responded in the affirmative, he was arrested. One worker was checked for injuries but did not require treatment.

Are you ready for summer driving?

On behalf of Kirner & Boldt Co., L.P.A. on Monday, June 3, 2019.

Winter in Ohio has its own hazards, including snow, sleet and black ice. Like many in this area, you may be relieved to feel the warmer weather, especially if you drive for any purpose. Those memories of trying to get home from work on icy roads in the blinding snow are fading away as summer approaches. However, maybe summer is not really a safer time to drive.

You know that any time you get behind the wheel, you are at risk of an accident that can leave you with lifelong injuries. In fact, there may be certain times of day when you try to avoid driving or certain Ohio roads that never seem safe to travel. Unfortunately, the summer months bring a unique set of dangers, and it is important to be prepared for them.

Severe consequences for refusing DUI testing

On behalf of Kirner & Boldt Co., L.P.A. on Friday, May 24, 2019.

You’ve been pulled over under suspicion of DUI. You’re scared, and a million thoughts are racing through your mind. Law enforcement asks you to take a breathalyzer or PAS (preliminary alcohol screening) test. The decision you make has serious consequences.

In Ohio, you may believe that if you refuse to take the PAS test you can avoid a DUI conviction. However, declining to take a DUI test often leads to more legal troubles than submitting to a DUI test. A DUI arrest results in a 90-day driver’s license suspension, and a conviction will increase the suspension to six months. In addition, you could spend three days to six months in jail.

A brief introduction to wills for Ohio residents

On behalf of Kirner & Boldt Co., L.P.A. posted in estate planning on Thursday, May 23, 2019.

The will is the foundation of many good estate plans. Depending on a testator's situation, it could suffice by itself as the sole document of their estate plan, or it could work with trusts and other tools as part of a more complex estate plan. Either way, having a will can be a great idea. The following is a brief introduction to wills.

A will is a legal document that states how the testator would like their assets, possessions and other interests disposed of after the testator's death. In Ohio, a testator must be at least 18 years old and of sound mind before they can make a valid will. To be of sound mind, one must be not living with dementia, serious mental illness or any other condition that would negatively impact one's judgment. Also, one must not be under duress -- in other words under undue pressure from others.

What does implied consent mean in relation to drunk driving?

On behalf of Kirner & Boldt Co., L.P.A. posted in drunk driving on Thursday, May 9, 2019.

Ohio motorists may have heard about the drunk driving laws and how the rule of implied consent applies to all licensed drivers. But what exactly does this mean? What have Ohio drivers impliedly consented to? What are the consequences of refusing to take breath test if a police officer asks a driver to take one? This blog post will discuss the concept of implied consent, including what it means.

When people apply for an Ohio driver's license, they are required to consent to field sobriety tests and chemical tests to determine their level of impairment. This means that if a police officer has a reasonable suspicion that a driver is operating a vehicle while intoxicated, the driver is expected to submit to field sobriety testing and chemical testing. If they refuse, they will be subject to an administrative suspension of their driver's license. This suspension is in addition to any criminal penalties imposed upon conviction of OVI. Even if the driver is found not guilty of OVI, is not charged or the charges are dropped, the administrative license suspension may be imposed.

Major cost barriers exist for medical marijuana patients in Ohio

On behalf of Kirner & Boldt Co., L.P.A. posted in drug possession on Friday, April 26, 2019.

Medical marijuana was legalized in Ohio in 2016, and many chronic pain sufferers were looking forward to giving legal cannabis a try. Unfortunately, there are still barriers to medical marijuana for many people. One of the biggest barriers is cost. Medical marijuana is not cheap to qualify for and obtain.

For starters, patients need a doctor's recommendation before they can qualify for medical marijuana in the Buckeye State. But these doctor's visits are expensive and are not covered by insurance. Many doctors charge $250 to $300 to see a patient. Health insurers do not cover these visits, because marijuana is still illegal under federal law. Larger health networks sometimes are less expensive than individual doctors, but large networks in the North Royalton area are not allowing their physicians to write medical marijuana recommendations.

We help North Royalton folks with marital dissolution and divorce

On behalf of Kirner & Boldt Co., L.P.A. posted in divorce on Thursday, April 11, 2019.

Some people have more contact with the court system than do others, but divorce is a common way that large numbers of Ohio's people interact with the courts. It's understandable if people have some questions about how the legal process plays out.

Not long ago, we discussed marital dissolution, which many people have found to be a good way to accomplish a divorce in Ohio. A marital dissolution is a form of divorce that works well when the spouses agree on the major issues, and they simply need to get through the legal process to end their marriage and take back control of their lives again. If the spouses agree that incompatibility is the grounds for the divorce, or they have been living apart for at least one year, they are eligible for a marital dissolution.

What can and can't be done with a will in Ohio?

On behalf of Kirner & Boldt Co., L.P.A. posted in estate planning on Thursday, March 28, 2019.

The will is the foundation of a solid estate plan. Anyone in Ohio serious about getting a handle on their own estate plan should probably have a will. Depending on their personal circumstances, a person may want to have other estate planning documents, such as trusts, as well. This blog post will provide a little bit of information on the basic estate planning document, the will.

A person who makes a will is called a testator. Testators often write their wills with the help of an attorney. For a will to be valid, the testator must be able to understand the full meaning of the will. Wills usually must be in writing, and they usually must be typed or pre-printed. A testator must also sign their own will unless they are physically unable to do so, in which case they can authorize another to sign on their behalf. Usually, the signing of the will must happen in the presence of witnesses who attest that they witnessed the signing of the will.

A primer on drunk driving laws and penalties in Ohio

On behalf of Kirner & Boldt Co., L.P.A. posted in drunk driving on Thursday, March 14, 2019.

It is a misdemeanor in Ohio to operate a vehicle while intoxicated. Police in the Buckeye State spend a lot of time and resources seeking intoxicated drivers, so it is not hard to get caught in their dragnet. Even though drunk driving defendants are often demonized in the media, these defendants have the same rights as everyone else to due process. This blog post will discuss the penalties for those convicted of OVI.

When a driver has a blood alcohol content of 0.08 percent or higher, the driver has exceeded the allowable level for driving in Ohio and may be arrested on suspicion of OVI. If convicted of a first-time OVI charge, a driver could face serious penalties. Under the law, they face a minimum of three days in jail or an alternative program. They also face suspension of their license for six months, and they could also have to pay a large fine.