Maria Stein DUI-DWI Lawyer, Ohio
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CONTACT 1728 Allentown Road, Lima, OH 45805
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5 Willipie Street, Wapakoneta, OH 45895
Profile LAWPOINTS™34/100
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Christopher L. Wesner
DUI-DWI, Reorganization, Credit & Debt, Bankruptcy
Status: In Good Standing Licensed: 17 Years
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CONTACT 22 North Market Street, Troy, OH 45373
Profile LAWPOINTS™63/100
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CONTACT 410 West Main Street, Troy, OH 45373
Profile LAWPOINTS™32/100
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LEGAL TERMS
HOT PURSUIT
An exception to the general rule that a police officer needs an arrest warrant before he can enter a home to make an arrest. If a felony has just occurred and a... (more...)
An exception to the general rule that a police officer needs an arrest warrant before he can enter a home to make an arrest. If a felony has just occurred and an officer has chased a suspect to a private house, the officer can forcefully enter the house in order to prevent the suspect from escaping or hiding or destroying evidence.
INTENTIONAL TORT
A deliberate act that causes harm to another, for which the victim may sue the wrongdoer for damages. Acts of domestic violence, such as assault and battery, ar... (more...)
A deliberate act that causes harm to another, for which the victim may sue the wrongdoer for damages. Acts of domestic violence, such as assault and battery, are intentional torts (as well as crimes).
ASSAULT
A crime that occurs when one person tries to physically harm another in a way that makes the person under attack feel immediately threatened. Actual physical co... (more...)
A crime that occurs when one person tries to physically harm another in a way that makes the person under attack feel immediately threatened. Actual physical contact is not necessary; threatening gestures that would alarm any reasonable person can constitute an assault. Compare battery.
INFORMED CONSENT
An agreement to do something or to allow something to happen, made with complete knowledge of all relevant facts, such as the risks involved or any available al... (more...)
An agreement to do something or to allow something to happen, made with complete knowledge of all relevant facts, such as the risks involved or any available alternatives. For example, a patient may give informed consent to medical treatment only after the healthcare professional has disclosed all possible risks involved in accepting or rejecting the treatment. A healthcare provider or facility may be held responsible for an injury caused by an undisclosed risk. In another context, a person accused of committing a crime cannot give up his constitutional rights--for example, to remain silent or to talk with an attorney--unless and until he has been informed of those rights, usually via the well-known Miranda warnings.
FALSE IMPRISONMENT
Intentionally restraining another person without having the legal right to do so. It's not necessary that physical force be used; threats or a show of apparent ... (more...)
Intentionally restraining another person without having the legal right to do so. It's not necessary that physical force be used; threats or a show of apparent authority are sufficient. False imprisonment is a misdemeanor and a tort (a civil wrong). If the perpetrator confines the victim for a substantial period of time (or moves him a significant distance) in order to commit a felony, the false imprisonment may become a kidnapping. People who are arrested and get the charges dropped, or are later acquitted, often think that they can sue the arresting officer for false imprisonment (also known as false arrest). These lawsuits rarely succeed: As long as the officer had probable cause to arrest the person, the officer will not be liable for a false arrest, even if it turns out later that the information the officer relied upon was incorrect.
ARREST
A situation in which the police detain a person in a manner that, to any reasonable person, makes it clear she is not free to leave. A person can be 'under arre... (more...)
A situation in which the police detain a person in a manner that, to any reasonable person, makes it clear she is not free to leave. A person can be 'under arrest' even though the police have not announced it; nor are handcuffs or physical restraint necessary. Questioning an arrested person about her involvement in or knowledge of a crime must be preceded by the Miranda warnings if the police intend to use the answers against the person in a criminal case. If the arrested person chooses to remain silent, the questioning must stop.
SELF-INCRIMINATION
The making of statements that might expose you to criminal prosecution, either now or in the future. The 5th Amendment of the U.S. Constitution prohibits the go... (more...)
The making of statements that might expose you to criminal prosecution, either now or in the future. The 5th Amendment of the U.S. Constitution prohibits the government from forcing you to provide evidence (as in answering questions) that would or might lead to your prosecution for a crime.
INSANITY
See criminal insanity.
WARRANT
See search warrant or arrest warrant.
SAMPLE LEGAL CASES
State v. Hoover
... consider the constitutionality of RC 4511.19(A)(2), which requires the imposition of criminal
penalties upon certain persons who refuse to consent to chemical testing after being arrested
for operating a motor vehicle while under the influence of alcohol or a drug of abuse ("DUI"). ...
State v. Bragwell
... {¶2} On May 25, 2006, a Mahoning County grand jury indicted appellant on one count of driving
under the influence of alcohol (DUI), a third-degree felony in violation of RC ... Appellant entered
pleas of not guilty to the charge and specifications. This was appellant's thirteenth DUI. ...
State v. DETSKAS
... This question is relevant because Detskas was previously convicted in Michigan,
under that state's law, for the offense of driving while impaired (DWI) (a lesser included
offense of driving under the influence of drugs or alcohol). ...
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