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Ohio Legal Blog

Jon J. Saia named to Best Lawyers in America

Have you or someone you know recently been arrested for and charged with a drunk driving offense in Ohio? If so, you may be scared about the consequences you may face. You may also be confused about the process and what you need to do. This is a time when finding the right help matters a lot. Local attorney Jon J. Saia of The Law Offices of Saia and Piatt, Inc. has recently been named as one of the Best Lawyers in America for his drunk driving defense work. He has, in fact, held this designation since 2012.

Being named to the Best Lawyers in America is a special honor as it represents the culmination of more than seven million peer attorney evaluations. That means other attorneys who know in great detail what is involved in helping people navigate a criminal charge for operating a vehicle under the influence have identified their peers who they feel do this best.

Decedent's property is inherited, but not debts

After people lose a parent in Ohio, one of the many thoughts racing through their minds may be whether they are personally liable for any outstanding debts. Along with the emotional strain of the loss and the stress of planning a funeral, they do not need to add the worry of being responsible for paying a parent's bills. In Ohio, a person cannot inherit debt, and there is a system already in place for dealing with the estate and debt. It is known as probate.

Probate is the legal process that occurs upon a person's death. As defined by the online legal resource FindLaw, it is the means of paying debts and distributing inheritances. FindLaw explains that the estate must go through the probate process, which includes these steps:

  • The court determines if the will is valid and appoints an administrator if there is no executor.
  • The executor or administrator must notify all inheritors and relatives of the death, as well as any creditors.
  • Along with paying debt, money owed to decedents is collected. Payments can also be made for estate services, such as court costs, executor's services and attorney fees.
  • If the debt is greater than the estate, property in the decedent's name must be sold. This includes the home, vehicles and banking accounts not designated as inheritances.
  • Any remaining assets go to those named in the will or distributed according to Ohio law if there is no will.

When parents cannot agree, enter a guardian ad litem

When Ohio parents are going through a divorce, it can be a time when their ability to focus on their child’s best interests diminishes due to emotions or acrimony between them. Parents may also find that they are unable to agree on what is best for their child when reviewing their options.

When disagreement happens, the court may decide to use a guardian ad litem. The judge will appoint this person to explore the situation affecting the child and parents and propose to the court what he or she finds to be in the child’s best interest.

Is 0.08 the only legal limit in Ohio?

For years, one number has been hammered over and over in your head as well as those of every other driver in Columbus: 0.08. That is the percentage of blood alcohol content that law enforcement uses to determine whether or not you are legally drunk. Most hold to that number as the standard for alcohol content testing, yet as it turns out, there are other legal limits out there that you likely know little about. 

For example, were you aware that there are different forms of blood testing? When referring to the 0.08 standard, law enforcement officials are describing whole blood testing. Whole blood consists of a number of components, including: 

  • Plasma
  • Fibrinogen 
  • Cellular material 

Grieving The End Of A Marriage Is Normal

While some see the end of a marriage as a reason to celebrate, others may find themselves feeling grief.

According to an article from Psychology Today, it is normal for people to go through "The Five Stages of Grief" when a relationship ends. These five stages are denial, anger, bargaining, sadness and acceptance. This concept was first introduced in the book On Death and Dying by Elisabeth Kubler-Ross to explain how people feel after a loved one dies. However, the feelings that arise at the end of a relationship may be similar.

Drunk biking is drunk driving

Gone are the days when a person in Ohio could not get in much trouble riding a bike. Until more recent years, operating a bike while intoxicated did not land a person in legal trouble like driving a car drunk did.

Ohio is one state that changed the law regarding drunk operation of a motor vehicle to no longer require that the vehicle have a motor or run on electricity. Rather, other wheeled modes of transport can now fall within the confines of Operating a Vehicle Impaired.

How to account for your digital assets in your estate plan

The times are changing, as we all know. In the world of estate planning, the biggest change has been an overall change in personal assets. Instead of journals and photo albums, many people now keep their memories online, on platforms like Facebook and Instagram. In fact, the average internet user is signed up for as many as 26 accounts and maintains 10 separate passwords.

How do you account for these invaluable intangible assets in your estate plan? Unfortunately, there are some variables that can confuse people. For one, it’s often unclear exactly who owns digital assets. The terms of service for many internet services spells that out, and it may come as a surprise. Many internet platforms claim to own all the materials in your account.

4 myths you may believe about divorce in Ohio

The electronic age has brought us access to more information than ever, but is all of that information accurate? It’s important to remember that your best source for legal information is your lawyer.

Do you believe any of these myths about divorce and the division of assets?

Tiger Woods likely to enter drunk driver diversion program

Golf legend Tiger Woods appears to be on the verge of settling his drunk driving case via plea bargain, although no deal is in place as of yet. The prosecutor in the case told reporters that Woods is expected to enter a first-time drunk driver diversion program in which defendants can plead their cases down to a lesser charge of reckless driving. To avoid a drunk driving conviction, they must meet several conditions including probation, community service and attendance at a victim impact panel.

Woods was arrested early on May 29 when an officer discovered him asleep in his vehicle, which was damaged and parked on the side of the road with flat tires. Police say they found the golfer disoriented and with slurred speech. They had him perform field sobriety tests, which he failed. However, a Breathalyzer test found no alcohol in his system.

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